QLDIn ForceAct
Second-hand Dealers and Pawnbrokers Act 2003
sec.9Notice of change in criminal history
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### sec.9 Notice of change in criminal history
This section applies if—
the commissioner of the police service reasonably suspects a person is—
an applicant or licensee; or
an associate of an applicant or licensee; and
the person’s criminal history changes.
The commissioner may give the chief executive written notice that the person’s criminal history has changed.
The notice must—
state the following details—
the person’s name and any other name the commissioner believes the person may use or may have used;
the person’s date and place of birth;
a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and
if the change includes the person becoming subject to a control order or registered corresponding control order—
state the details of the order; or
be accompanied by a copy of the order.
The chief executive may confirm the commissioner’s suspicions under subsection (1) (a) .
For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.
In this section—
criminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed.
offence includes alleged offence.
s 9 amd 2006 No. 10 s 89 sch 2 ; 2008 No. 69 s 82
sub 2013 No. 64 s 161 ; 2016 No. 62 s 364
(sec.9-ssec.1) This section applies if— the commissioner of the police service reasonably suspects a person is— an applicant or licensee; or an associate of an applicant or licensee; and the person’s criminal history changes.
(sec.9-ssec.2) The commissioner may give the chief executive written notice that the person’s criminal history has changed.
(sec.9-ssec.3) The notice must— state the following details— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and if the change includes the person becoming subject to a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order.
(sec.9-ssec.4) The chief executive may confirm the commissioner’s suspicions under subsection (1) (a) .
(sec.9-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.
(sec.9-ssec.6) In this section— criminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed. offence includes alleged offence.
- (a) the commissioner of the police service reasonably suspects a person is— (i) an applicant or licensee; or (ii) an associate of an applicant or licensee; and
- (i) an applicant or licensee; or
- (ii) an associate of an applicant or licensee; and
- (b) the person’s criminal history changes.
- (i) an applicant or licensee; or
- (ii) an associate of an applicant or licensee; and
- (a) state the following details— (i) the person’s name and any other name the commissioner believes the person may use or may have used; (ii) the person’s date and place of birth; (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and
- (i) the person’s name and any other name the commissioner believes the person may use or may have used;
- (ii) the person’s date and place of birth;
- (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and
- (b) if the change includes the person becoming subject to 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) the person’s name and any other name the commissioner believes the person may use or may have used;
- (ii) the person’s date and place of birth;
- (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and
- (i) state the details of the order; or
- (ii) be accompanied by a copy of the order.