36Licence to be worn by licensee

#### 36 Licence to be worn by licensee 36 Licence to be worn by licensee > > (1) The holder of a class 1 or class 2 licence must, at all times while carrying on a security activity, wear on his or her person so as to be clearly visible his or her licence, being an original and not a photocopy or other copy. > > > > Maximum penalty—50 penalty units. > > > (1A) For the purposes of this section, a licence is worn by a person so as to be clearly visible only if— > > > > > (a) the licence is attached to the person’s outer clothing, and > > > > > (b) the licence is attached at or above the level of the person’s waist, and > > > > > (c) the licence is attached at the front or side of the person’s body, and > > > > > (d) the licence is attached with the front face of the licence clearly visible to a person standing in front of the person, and > > > > > (e) there is no material adhering to the licence that obscures any part of the licence from the view of such a person, and > > > > > (f) any other requirements prescribed by the regulations are complied with. > > > (2) This section does not apply to a licensee who is exempted by the Commissioner in writing from the requirement to wear the licence because of the special nature of the licensee’s duties. > > > (3) Subsection (1) does not require a licensee to wear a licence that has been lost, stolen, destroyed, defaced or mutilated or become illegible during the period in which the licensee is waiting for the issue of a replacement licence after notifying the Commissioner of that occurrence, and applying for a replacement licence within 14 days after giving that notification, in accordance with the regulations. > > > (4) A person, who has been granted the renewal of a licence but has yet to be issued with the renewed licence, complies with this section if the person instead wears (in the manner required by this section) the most recent licence issued to the person. > > **s 36:** Am 1998 No 54, Sch 1.16 \[4\]; 2005 No 63, Sch 1 \[60\] \[61\]; 2012 No 49, Sch 1 \[65\] \[66\]; 2013 No 68, Sch 1 \[4\]; 2016 No 27, Sch 1.24 \[3\].