sec.142ZKDeciding application

### sec.142ZK Deciding application The commissioner must consider the application and either grant, or refuse to grant, the application as soon as practicable after the last of the following happens— the commissioner receives all necessary information to decide the application; the commissioner receives the police information report about the applicant from the police commissioner. The commissioner may grant the application only if satisfied the applicant is a suitable person to hold the approval. In deciding whether the applicant is a suitable person to hold the approval, the commissioner may have regard to the following— whether the applicant has an interest in a sex work business; whether the applicant has been convicted of— an indictable offence; or an offence against this Act; or a prescribed offence; whether the applicant has been charged with an offence of a sexual nature involving violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued; if the applicant has been approved as a controller or nominated and authorised under former section 109B as a controller—the applicant’s previous conduct as a controller; a recommendation included in the police information report given to the commissioner under section 142ZJ ; whether the applicant is of good repute who does not have a history of behaviour that would make the applicant unsuitable to hold the approval; if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order. However, the commissioner may not have regard to criminal intelligence in deciding whether a person is a suitable person to hold the approval. For subsection (3) (c) , it does not matter whether the offence is alleged to have been committed in Queensland or elsewhere. In this section— former section 109B means section 109B as in force immediately before the commencement of this section. s 142ZK ins 2013 No. 62 s 37 amd 2013 No. 64 s 117 ; 2016 No. 62 s 204 ; 2024 No. 23 s 26 (sec.142ZK-ssec.1) The commissioner must consider the application and either grant, or refuse to grant, the application as soon as practicable after the last of the following happens— the commissioner receives all necessary information to decide the application; the commissioner receives the police information report about the applicant from the police commissioner. (sec.142ZK-ssec.2) The commissioner may grant the application only if satisfied the applicant is a suitable person to hold the approval. (sec.142ZK-ssec.3) In deciding whether the applicant is a suitable person to hold the approval, the commissioner may have regard to the following— whether the applicant has an interest in a sex work business; whether the applicant has been convicted of— an indictable offence; or an offence against this Act; or a prescribed offence; whether the applicant has been charged with an offence of a sexual nature involving violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued; if the applicant has been approved as a controller or nominated and authorised under former section 109B as a controller—the applicant’s previous conduct as a controller; a recommendation included in the police information report given to the commissioner under section 142ZJ ; whether the applicant is of good repute who does not have a history of behaviour that would make the applicant unsuitable to hold the approval; if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order. (sec.142ZK-ssec.3A) However, the commissioner may not have regard to criminal intelligence in deciding whether a person is a suitable person to hold the approval. (sec.142ZK-ssec.4) For subsection (3) (c) , it does not matter whether the offence is alleged to have been committed in Queensland or elsewhere. (sec.142ZK-ssec.5) In this section— former section 109B means section 109B as in force immediately before the commencement of this section. - (a) the commissioner receives all necessary information to decide the application; - (b) the commissioner receives the police information report about the applicant from the police commissioner. - (a) whether the applicant has an interest in a sex work business; - (b) whether the applicant has been convicted of— (i) an indictable offence; or (ii) an offence against this Act; or (iii) a prescribed offence; - (i) an indictable offence; or - (ii) an offence against this Act; or - (iii) a prescribed offence; - (c) whether the applicant has been charged with an offence of a sexual nature involving violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued; - (d) if the applicant has been approved as a controller or nominated and authorised under former section 109B as a controller—the applicant’s previous conduct as a controller; - (e) a recommendation included in the police information report given to the commissioner under section 142ZJ ; - (f) whether the applicant is of good repute who does not have a history of behaviour that would make the applicant unsuitable to hold the approval; - (g) if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order. - (i) an indictable offence; or - (ii) an offence against this Act; or - (iii) a prescribed offence;