TASIn ForceAct
Security and Investigations Agents Act 2002
7Character report
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### 7 Character report
> [*\[Section 7 Substituted by No. 58 of 2005, s. 10, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-058#GS10@EN)
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> > (1) [*\[Section 7 Subsection (1) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpb@EN) [*\[Section 7 Subsection (1) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpa@EN) On receipt of an application for a licence, the Director is to require –
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> > > > (a) the applicant; and
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> > > > (b) if the applicant is a body corporate, each officer of the applicant –
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> > to have his or her photograph, fingerprints and palm prints taken as directed by the Commissioner of Police.
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> > (2) [*\[Section 7 Subsection (2) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpc@EN) On receipt of an application for a licence, the Director is to refer to the Commissioner of Police –
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> > > > (a) the name of the applicant and, if the applicant is a body corporate, the name of each officer of the applicant; and
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> > > > (b) [*\[Section 7 Subsection (2) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpd@EN) . . . . . . . .
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> > > > (c) any other information and documentation relating to the application.
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> > (3) [*\[Section 7 Subsection (3) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpf@EN) [*\[Section 7 Subsection (3) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpe@EN) The Commissioner of Police must inquire into and report to the Director on any matters concerning the application that the Director requests.
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> > (4) Despite an order of a court or a provision of any Act that would otherwise prevent the disclosure of information, the Commissioner of Police may include that information in the report provided under [subsection (3)](#GS7@Gs3@EN) .
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> > (4A) [*\[Section 7 Subsection (4A) inserted by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpg@EN) Subject to [subsection (5)](#GS7@Gs5@EN) , the Commissioner of Police may use any fingerprints or palm prints obtained from a person under this section –
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> > > > (a) for the purpose of determining the identity of the person; or
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> > > > (b) as evidence in any legal proceedings against the person.
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> > (5) [*\[Section 7 Subsection (5) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hph@EN) The Commissioner of Police –
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> > > > (a) [*\[Section 7 Subsection (5) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpi@EN) is to destroy any fingerprints or palm prints obtained under this section and any copies of them as soon as the Commissioner of Police has no further use for them; and
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> > > > (b) may destroy any such fingerprints or palm prints in any circumstances he or she considers appropriate.
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> > (6) [*\[Section 7 Subsection (6) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpj@EN) The Commissioner of Police is taken to have no further use for fingerprints or palm prints obtained in respect of an application for a licence if –
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> > > > (a) [*\[Section 7 Subsection (6) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpk@EN) the Director refuses to grant the application; or
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> > > > (b) following the grant of the licence, the licence is cancelled or surrendered.
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> > (7) [*\[Section 7 Subsection (7) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpm@EN) [*\[Section 7 Subsection (7) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpl@EN) A person who in connection with an application for a licence has possession of fingerprints or palm prints obtained under this section, or copies of them, must deliver the fingerprints, palm prints or copies to the Commissioner of Police, in accordance with the directions of the Commissioner of Police, so as to enable the Commissioner of Police to comply with [subsection (5)](#GS7@Gs5@EN) .
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> > Penalty: Fine not exceeding 20 penalty units.
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> > (8) [*\[Section 7 Subsection (8) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpo@EN) [*\[Section 7 Subsection (8) amended by No. 39 of 2010, s. 9, Applied:01 Jul 2011\]*](/view/html/inforce/2011-07-01/act-2010-039#GS9@Hpn@EN) On surrendering a licence, the holder of the licence may request that his or her fingerprints or palm prints be retained by the Commissioner of Police for a period not exceeding 3 years and the Commissioner of Police is to comply with the request despite [subsection (5)](#GS7@Gs5@EN) .