16Restrictions on granting licence—criminal and other related history

#### 16 Restrictions on granting licence—criminal and other related history 16 Restrictions on granting licence—criminal and other related history > > (1) The Commissioner must refuse to grant an application for a licence if the Commissioner is satisfied that the applicant— > > > > > (a) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations in relation to the class of licence sought, whether or not the offence is an offence under New South Wales law, or > > > > > (b) has, within the period of 5 years before the application for the licence was made, been found guilty (but with no conviction being recorded) by a court in New South Wales or elsewhere of an offence prescribed by the regulations in relation to the class of licence sought, whether or not the offence is an offence under New South Wales law, or > > > > > (c) has, within the period of 5 years before the application for the licence was made, had a civil penalty imposed on the applicant by a court or tribunal in New South Wales or elsewhere, being a civil penalty prescribed by the regulations in relation to the class of licence sought, or > > > > > (d) has, within the period of 10 years before the application for the licence was made, been removed or dismissed from the NSW Police Force or from the police force of any other jurisdiction (whether in Australia or overseas) on the ground of the applicant’s integrity as a police officer. > > > (2) Without limiting subsection (1), the Commissioner may refuse to grant an application for a licence if the Commissioner is satisfied that the applicant has a conviction that is not capable of becoming spent. > > > > Note. > > > > Under section 7 of the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008), certain convictions are not capable of becoming spent. For example, convictions for which a prison sentence of more than 6 months has been imposed, convictions for certain sexual offences and convictions prescribed by the [Criminal Records Regulation 2004](/view/html/repealed/current/sl-2004-0570). > > > (3) The Commissioner must refuse to grant an application for a licence if the Commissioner is of the opinion that the applicant is not suitable to hold a licence because the applicant has been involved in corrupt conduct. > > > (4) (Repealed) > > > (4A) The Commissioner may refuse to grant an application for a licence if, within the period of 10 years before the application for the licence was made, the applicant has been removed from the NSW Police Force under section 181D of the [Police Act 1990](/view/html/inforce/current/act-1990-047) on grounds other than the applicant’s integrity as a police officer. > > > (5) A reference in subsection (1), (2), (3), (4) or (4A) to an applicant includes, in the case of an application for a master licence, a reference to each close associate of the applicant. > > **s 16:** Am 2005 No 63, Sch 1 \[24\] \[25\] (am 2007 No 27, Sch 4.27) \[26\] \[27\] (am 2007 No 27, Sch 4.27) \[28\]; 2007 No 82, Sch 1.20 \[3\]; 2012 No 49, Sch 1 \[25\] \[26\].