Div 1Other suspensions and cancellations

Division 1—Other suspensions and cancellations 23A—Circumstances in which Commissioner may suspend security agents licence or security industry trainers licence (1) Subject to section 23B, if— (a) the holder of a security agents licence or security industry trainers licence, or a director of a body corporate that is the holder of a security agents licence, is charged with a prescribed offence; or (b) the Commissioner is satisfied, for any other reason, that it would be contrary to the public interest if the holder of a security agents licence or security industry trainers licence were to continue to be licensed, the Commissioner may, by notice in writing to the holder of the licence (a suspension notice), suspend the licence for a specified period or until further notice. (2) Suspension of a licence under this section takes effect immediately on service of a suspension notice advising that the licence has been suspended. (3) A person on whom a suspension notice has been served may, within the period of 21 days following service of the notice, make written representations to the Commissioner as to why his or her security agents licence or security industry trainers licence should not be suspended. (4) The Commissioner must, at the end of the period of 28 days following service of a suspension notice under this section— (a) confirm or revoke the suspension; and (b) advise the holder of the licence in writing of the Commissioner's decision; and (c) if the holder of the licence has surrendered the licence and the Commissioner's decision is to revoke the suspension—return the licence to the holder of the licence. (5) The Commissioner must, in determining whether to confirm or revoke suspension of a security agents licence or security industry trainers licence, have regard to any representations received from the holder of the licence under subsection (3). (6) The Commissioner may, at any time, on his or her own initiative, or on application by a person whose licence is suspended, revoke the suspension of a security agents licence or security industry trainers licence under this section. 23B—Circumstances in which Commissioner must suspend security agents licence (1) If the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds is charged by a police officer or the Director of Public Prosecutions with a prescribed offence, the Commissioner must, by notice in writing to the holder of the licence (a suspension notice), suspend the licence until further notice. (2) Suspension of a licence under this section takes effect immediately on service of a suspension notice advising that the licence has been suspended. (3) Suspension of a licence under this section may not be revoked by the Commissioner unless— (a) the holder of the licence has been found not guilty by a court of the criminal charges relevant to the licence having been suspended, or those charges have been withdrawn or dismissed; and (b) the Commissioner is satisfied that revocation of the suspension would not be contrary to the public interest. (4) The Commissioner must, as soon as reasonably practicable after becoming aware that all charges relevant to suspension of a licence under this section have been finalised— (a) confirm or revoke the suspension; and (b) advise the holder of the licence in writing of the confirmation or revocation; and (c) if the holder of the licence has surrendered the licence and the suspension is revoked—return the licence to the licence holder. 23C—Content of suspension notice (1) A suspension notice must include— (a) subject to section 5B, a statement of the Commissioner's reasons for the suspension; and (b) in the case of a notice under section 23A, a statement that— (i) the Commissioner is required, at the end of 28 days following service of the notice, to confirm or revoke the suspension; and (ii) the holder of the licence may, within 21 days of having received the notice, provide the Commissioner with reasons why the licence should not be suspended; and (c) a direction that the person must, within 7 days of service of the notice, surrender the suspended licence to the Commissioner. (2) A person who, without reasonable excuse, fails to surrender his or her licence in accordance with a direction under subsection (1) is guilty of an offence. 23D—Service of suspension notice (1) Subject to this section, a suspension notice must be served personally on the person whose licence is to be suspended by the notice. (2) If personal service cannot be effected promptly, it will be sufficient service for the notice— (a) to be left for the person with someone apparently over the age of 16 years; or (b) to be posted in an envelope addressed to the person, at the person's address for service. (3) The person's address for service is the address of which the Commissioner has been last notified in writing by the person as the person's address for service. 23E—Appeal (1) A person whose security agents licence or security industry trainers licence has been suspended under section 23A or 23B may appeal to the Court against the decision of the Commissioner to suspend the licence or any other decision made by the Commissioner under either of those sections in connection with the suspension. (1a) An appeal must be instituted within 1 month of the making of the decision appealed against. (2) The Court must hear and determine an appeal under this section as expeditiously as possible. (3) If an appeal under this section is not determined within 3 months of the commencement of the appeal, the suspension to which the appeal relates will, unless the Court orders otherwise, be stayed until the appeal is finally determined or withdrawn. 23G—Cancellation of licence (1) If the holder of a security agents licence or security industry trainers licence, or a director of a body corporate that is the holder of a security agents licence, is found guilty or convicted of an offence as prescribed by the regulations, the licence is cancelled and the licensee must, within 7 days of that finding, surrender the licence (if it has not already been surrendered) to the Commissioner. (2) A person who, without reasonable excuse, fails to surrender his or her licence in accordance with subsection (1) is guilty of an offence. 23H—Review of licence (1) If disciplinary action is taken on the prescribed number of occasions within the prescribed period against a person, or a number of persons, employed or otherwise engaged in the business of an agent carrying on business as a security agent, the Commissioner must review the licence of the agent to determine if the licence should be suspended or a complaint lodged in respect of the agent under section 26. (2) In this section— disciplinary action means— (a) suspension or cancellation of a licence under this Part; or (b) disciplinary action under section 29.