26Circumstances in which the Chief Commissioner must refuse to grant a private security business licence

26 Circumstances in which the Chief Commissioner must refuse to grant a private security business licence

(1) The Chief Commissioner must not grant a private security business licence if—

(a) he or she is satisfied that the granting of the licence is not in the public interest; or

(b) he or she is not satisfied that each relevant person in relation to the application meets the probity requirements set out in subsection (2); or

(c) he or she is satisfied that the applicant (if the applicant is a body corporate) has been convicted or found guilty of an offence, which in the opinion of the Chief Commissioner, warrants the refusal of the licence; or

(d) he or she is not satisfied that the applicant or (if the applicant is a body corporate) the nominated person meets the competency requirements set out in subsection (3); or

(e) the applicant, or nominated person (in the case of a body corporate) has not produced, in relation to the business—

(i) a certificate of currency for public liability insurance; and

(ii) evidence, to the satisfaction of the Chief Commissioner, of compliance with existing statutory workplace obligations; or

(f) he or she is not satisfied that the applicant has or will be able to obtain financial resources that are adequate to ensure the financial viability of the business.

(2) For the purposes of subsection (1)(b) the probity requirements are that the person—

(a) is fit and proper; and

(b) is aged 18 years or more; and

(c) has not contravened or failed to comply with any provision of this Act, the regulations or any corresponding previous enactment, to the extent that warrants the refusal of the licence; and

(d) is not a prohibited person; and

(e) is not a person in relation to whom—

S. 26(2)(e)(i) amended by No. 61/2010 s. 15(a).

(i) not more than 10 years have expired since that person was convicted of any offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence or to be involved or connected with a business carried on under a private security licence; or

S. 26(2)(e)(ii) amended by No. 61/2010 s. 15(a).

(ii) not more than 5 years have expired since that person has been found guilty (without a conviction being recorded) of any offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence or to be involved or connected with a business carried on under a private security licence; and

(f) is not a person who is charged with—

S. 26(2)(f)(i) amended by No. 61/2010 s. 15(a).