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\[43\].