15Restrictions on granting licence—general suitability criteria

#### 15 Restrictions on granting licence—general suitability criteria 15 Restrictions on granting licence—general suitability criteria > > (1) The Commissioner must refuse to grant an application for a licence if— > > > > > (a) the applicant is under 18 years of age, or > > > > > (b) the applicant— > > > > > > > (i) is a registrable person or corresponding registrable person within the meaning of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042), and > > > > > > > (ii) has reporting obligations under that Act, or > > > > > (c) the applicant has supplied information— > > > > > > > (i) in, or in connection with, the application, and > > > > > > > (ii) that is, to the applicant’s knowledge, false or misleading in a material particular, or > > > > > (d) the applicant is not an Australian citizen or a permanent Australian resident and does not hold— > > > > > > > (i) a visa for which the applicant has been sponsored by the holder of a master licence, or > > > > > > > (ii) a visa for a skilled occupation to which the activities authorised by the proposed licence correspond, or > > > > > (e) the applicant is prohibited under section 16B from making the application, or > > > > > (f) the Commissioner is not satisfied that the applicant— > > > > > > > (i) is a fit and proper person to hold the class of licence sought by the applicant, having regard to the applicant’s character, honesty and integrity, or > > > > > > > (ii) has the approved competencies and experience, or > > > > > > > (iii) has undertaken and completed the training, assessment and instruction approved for the class of licence sought by the applicant, or > > > > > > > (iv) is competent to carry on the security activity to which the proposed licence relates. > > > (2)–(2C) (Repealed) > > > (3) The Commissioner may refuse to grant an application for a licence if the Commissioner considers that the grant of the licence would be contrary to the public interest. > > > (4) The regulations may provide additional mandatory or discretionary grounds for refusing the granting of an application for a licence. > > > (5) Except as provided by the regulations, a reference in this section to an applicant includes, in the case of an application for a master licence, a reference to each close associate of the applicant. > > > (6) For the purpose of determining whether an applicant is a fit and proper person to hold the class of licence sought by the applicant or whether the grant of the licence would be contrary to the public interest, the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the applicant that— > > > > > (a) is relevant to the activities carried out under the class of licence sought by the applicant, or > > > > > (b) causes the Commissioner to conclude that improper conduct is likely to occur if the applicant were granted the licence, or > > > > > (c) causes the Commissioner not to have confidence that improper conduct will not occur if the applicant were granted the licence. > > > (7) The Commissioner is not, under this or any other Act or law, required to give any reasons for not granting a licence if the giving of those reasons would disclose the existence or content of any criminal intelligence report or other criminal information as referred to in subsection (6). > > > (8) (Repealed) > > **s 15:** Am 2002 No 107, Sch 1 \[2\] \[3\]; 2005 No 63, Sch 1 \[21\]–\[23\]; 2012 No 49, Sch 1 \[24\]; 2013 No 68, Sch 1 \[2\] \[3\]; 2017 No 16, Sch 1 \[2\]–\[4\]; 2022 No 52, Sch 1\[18\] \[19\]; 2025 No 60, Sch 2.1\[4\].