38CPrescribed work

38C Prescribed work

38C Prescribed work

(1) A person must not, for fee or reward, carry on prescribed work if the person—

(a) is not eligible to hold a licence because of section 16, or

(b) has, in the previous 5 years, been refused a licence because the Commissioner—

(i) was not satisfied the person was a fit and proper person to hold the class of licence, or

(ii) considered the grant of the licence would be contrary to the public interest, or

(c) has, in the previous 5 years, had a licence revoked under section 26(1A) because the Commissioner was satisfied that a new licence would have been refused because the Commissioner—

(i) would not have been satisfied the person was a fit and proper person to hold the class of licence, or

(ii) would have considered the grant of the licence was contrary to the public interest.

Maximum penalty—100 penalty units or imprisonment for 6 months, or both.

(2) Subsection (1) does not apply to a refusal or revocation if—

(a) the decision to refuse or revoke the licence is overturned, or

(b) a licence is subsequently granted to the person.

(3) In this section—

prescribed work means the following—

(a) work in the cash-in-transit sector of the security industry,

(b) work in any area involving access to operational information relating to the licensee’s security business,

(c) work requiring the person to—

(i) roster or schedule the carrying on of any security activity by a person who holds a class 1 or class 2 licence, or

(ii) monitor the performance of a person who holds a class 1 or class 2 licence in carrying on a security activity.

s 38C: Ins 2005 No 63, Sch 1 [65]. Subst 2012 No 49, Sch 1 [70]; 2022 No 52, Sch 1[43].