sec.173EQApproval of persons to operate ID scanning systems

### sec.173EQ Approval of persons to operate ID scanning systems A person may apply to the commissioner for approval to operate an approved ID scanning system. The application must— be in the approved form; and include a consent to a criminal history check of the applicant or, if the applicant is a corporation, each executive officer of the applicant; and be accompanied by the fee prescribed by regulation. The applicant must provide any relevant information reasonably required by the commissioner to decide the application. The commissioner may grant the application if the commissioner is satisfied— the applicant— is not a licensee or an associate of a licensee; and is a suitable person to operate an approved ID scanning system; and for an applicant that is a corporation, each executive officer of the applicant— is not a licensee or an associate of a licensee; and is a suitable person to operate an approved ID scanning system. Without limiting the matters to which the commissioner may have regard in deciding whether an individual is a suitable person to operate an approved ID scanning system— the commissioner must have regard to— whether the individual has been convicted of a prescribed offence; and if the individual is, or has been, the subject of a control order or registered corresponding control order—the terms of the order; and the commissioner may obtain a report from the police commissioner about the individual’s criminal history, including whether the individual is, or has been, the subject of a control order or registered corresponding control order. whether the applicant has the skill, knowledge and experience required for operating an approved ID scanning system whether the applicant demonstrates the ability to comply with the applicant’s statutory obligations relating to privacy However, the commissioner may not have regard to criminal intelligence in deciding whether an individual is a suitable person to operate an approved ID scanning system. A report under subsection (5) (b) must— include reference to or disclosure of convictions of the individual mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and if the individual is, or has been, the subject of a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order. An approval may be granted on conditions. If the commissioner decides to refuse the application, the commissioner must give the applicant an information notice for the decision. The commissioner may refuse an application, or refuse to accept an application under subsection (1) , if the commissioner is satisfied the participation of any more approved operators in the scheme conducted under this part would adversely affect the proper administration of this part. If the commissioner refuses an application under subsection (8) , the commissioner must refund to the applicant any fees paid by the applicant under this section. In this section— associate , of a licensee, means a person who the commissioner reasonably believes is associated with the ownership or management of, or has a financial interest in, the business carried on under the licence. operate , in relation to an approved ID scanning system, does not include operate an ID scanner linked to the system under section 173EHAAA (2) . s 173EQ ins 2014 No. 42 s 74 amd 2016 No. 62 s 214 ; 2021 No. 7 s 36 (sec.173EQ-ssec.1) A person may apply to the commissioner for approval to operate an approved ID scanning system. (sec.173EQ-ssec.2) The application must— be in the approved form; and include a consent to a criminal history check of the applicant or, if the applicant is a corporation, each executive officer of the applicant; and be accompanied by the fee prescribed by regulation. (sec.173EQ-ssec.3) The applicant must provide any relevant information reasonably required by the commissioner to decide the application. (sec.173EQ-ssec.4) The commissioner may grant the application if the commissioner is satisfied— the applicant— is not a licensee or an associate of a licensee; and is a suitable person to operate an approved ID scanning system; and for an applicant that is a corporation, each executive officer of the applicant— is not a licensee or an associate of a licensee; and is a suitable person to operate an approved ID scanning system. (sec.173EQ-ssec.5) Without limiting the matters to which the commissioner may have regard in deciding whether an individual is a suitable person to operate an approved ID scanning system— the commissioner must have regard to— whether the individual has been convicted of a prescribed offence; and if the individual is, or has been, the subject of a control order or registered corresponding control order—the terms of the order; and the commissioner may obtain a report from the police commissioner about the individual’s criminal history, including whether the individual is, or has been, the subject of a control order or registered corresponding control order. whether the applicant has the skill, knowledge and experience required for operating an approved ID scanning system whether the applicant demonstrates the ability to comply with the applicant’s statutory obligations relating to privacy (sec.173EQ-ssec.5A) However, the commissioner may not have regard to criminal intelligence in deciding whether an individual is a suitable person to operate an approved ID scanning system. (sec.173EQ-ssec.5B) A report under subsection (5) (b) must— include reference to or disclosure of convictions of the individual mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and if the individual is, or has been, the subject of a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order. (sec.173EQ-ssec.6) An approval may be granted on conditions. (sec.173EQ-ssec.7) If the commissioner decides to refuse the application, the commissioner must give the applicant an information notice for the decision. (sec.173EQ-ssec.8) The commissioner may refuse an application, or refuse to accept an application under subsection (1) , if the commissioner is satisfied the participation of any more approved operators in the scheme conducted under this part would adversely affect the proper administration of this part. (sec.173EQ-ssec.9) If the commissioner refuses an application under subsection (8) , the commissioner must refund to the applicant any fees paid by the applicant under this section. (sec.173EQ-ssec.10) In this section— associate , of a licensee, means a person who the commissioner reasonably believes is associated with the ownership or management of, or has a financial interest in, the business carried on under the licence. operate , in relation to an approved ID scanning system, does not include operate an ID scanner linked to the system under section 173EHAAA (2) . - (a) be in the approved form; and - (b) include a consent to a criminal history check of the applicant or, if the applicant is a corporation, each executive officer of the applicant; and - (c) be accompanied by the fee prescribed by regulation. - (a) the applicant— (i) is not a licensee or an associate of a licensee; and (ii) is a suitable person to operate an approved ID scanning system; and - (i) is not a licensee or an associate of a licensee; and - (ii) is a suitable person to operate an approved ID scanning system; and - (b) for an applicant that is a corporation, each executive officer of the applicant— (i) is not a licensee or an associate of a licensee; and (ii) is a suitable person to operate an approved ID scanning system. - (i) is not a licensee or an associate of a licensee; and - (ii) is a suitable person to operate an approved ID scanning system. - (i) is not a licensee or an associate of a licensee; and - (ii) is a suitable person to operate an approved ID scanning system; and - (i) is not a licensee or an associate of a licensee; and - (ii) is a suitable person to operate an approved ID scanning system. - (a) the commissioner must have regard to— (i) whether the individual has been convicted of a prescribed offence; and (ii) if the individual is, or has been, the subject of a control order or registered corresponding control order—the terms of the order; and - (i) whether the individual has been convicted of a prescribed offence; and - (ii) if the individual is, or has been, the subject of a control order or registered corresponding control order—the terms of the order; and - (b) the commissioner may obtain a report from the police commissioner about the individual’s criminal history, including whether the individual is, or has been, the subject of a control order or registered corresponding control order. - (i) whether the individual has been convicted of a prescribed offence; and - (ii) if the individual is, or has been, the subject of a control order or registered corresponding control order—the terms of the order; and - • whether the applicant has the skill, knowledge and experience required for operating an approved ID scanning system - • whether the applicant demonstrates the ability to comply with the applicant’s statutory obligations relating to privacy - (a) include reference to or disclosure of convictions of the individual mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and - (b) if the individual is, or has been, the subject of a control order or registered corresponding control order— (i) state the details of the order; or (ii) be accompanied by a copy of the order. - (i) state the details of the order; or - (ii) be accompanied by a copy of the order. - (i) state the details of the order; or - (ii) be accompanied by a copy of the order.