sec.61Investigation about the suitability of applicant or licensee

### sec.61 Investigation about the suitability of applicant or licensee The chief executive may make investigations about any of the following persons to help the chief executive decide whether an applicant or licensee is a fit and proper person to hold a licence— the applicant or licensee; if the applicant or licensee is a corporation—the corporation’s executive officers; a person stated by the applicant or licensee to be a close associate of the applicant or licensee. Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about the criminal history of any of the persons. For subsection (2) , the chief executive must give the commissioner any particulars the chief executive advises the commissioner are relevant for each application for a licence or renewal of a licence. On receiving particulars of the application, the commissioner— must make inquiries about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and may make any other inquiries about a person mentioned in subsection (1) (a) to (c) the commissioner considers appropriate. For subsection (4) (a) , the applicant or licensee must consent to the person’s fingerprints being taken by a police officer. The chief executive must refuse to consider the applicant’s or licensee’s application if the person refuses to consent to the person’s fingerprints being taken. The commissioner must report to the chief executive after receiving the results of the inquiries. The commissioner’s report must include disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 . Fingerprints taken under this section— may be used only for the purposes of subsection (4) (a) ; and must be destroyed as soon as practicable after the commissioner reports to the chief executive under subsection (7) . s 61 orig s 61 ins 1990 No. 9 s 15 om 1995 No. 18 s 3 sch prev s 61 ins 1996 No. 49 s 14 exp 16 November 1996 (see s 61(2)) pres s 61 ins 2002 No. 35 s 7 amd 2018 No. 5 s 103 (sec.61-ssec.1) The chief executive may make investigations about any of the following persons to help the chief executive decide whether an applicant or licensee is a fit and proper person to hold a licence— the applicant or licensee; if the applicant or licensee is a corporation—the corporation’s executive officers; a person stated by the applicant or licensee to be a close associate of the applicant or licensee. (sec.61-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about the criminal history of any of the persons. (sec.61-ssec.3) For subsection (2) , the chief executive must give the commissioner any particulars the chief executive advises the commissioner are relevant for each application for a licence or renewal of a licence. (sec.61-ssec.4) On receiving particulars of the application, the commissioner— must make inquiries about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and may make any other inquiries about a person mentioned in subsection (1) (a) to (c) the commissioner considers appropriate. (sec.61-ssec.5) For subsection (4) (a) , the applicant or licensee must consent to the person’s fingerprints being taken by a police officer. (sec.61-ssec.6) The chief executive must refuse to consider the applicant’s or licensee’s application if the person refuses to consent to the person’s fingerprints being taken. (sec.61-ssec.7) The commissioner must report to the chief executive after receiving the results of the inquiries. (sec.61-ssec.8) The commissioner’s report must include disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 . (sec.61-ssec.9) Fingerprints taken under this section— may be used only for the purposes of subsection (4) (a) ; and must be destroyed as soon as practicable after the commissioner reports to the chief executive under subsection (7) . - (a) the applicant or licensee; - (b) if the applicant or licensee is a corporation—the corporation’s executive officers; - (c) a person stated by the applicant or licensee to be a close associate of the applicant or licensee. - (a) must make inquiries about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and - (b) may make any other inquiries about a person mentioned in subsection (1) (a) to (c) the commissioner considers appropriate. - (a) may be used only for the purposes of subsection (4) (a) ; and - (b) must be destroyed as soon as practicable after the commissioner reports to the chief executive under subsection (7) .