NSWIn ForceAct
Security Industry Act 1997
38CPrescribed work
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#### 38C Prescribed work
38C Prescribed work
> > (1) A person must not, for fee or reward, carry on prescribed work if the person—
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> > > (a) is not eligible to hold a licence because of section 16, or
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> > > (b) has, in the previous 5 years, been refused a licence because the Commissioner—
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> > > > (i) was not satisfied the person was a fit and proper person to hold the class of licence, or
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> > > > (ii) considered the grant of the licence would be contrary to the public interest, or
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> > > (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—
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> > > > (i) would not have been satisfied the person was a fit and proper person to hold the class of licence, or
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> > > > (ii) would have considered the grant of the licence was contrary to the public interest.
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> > Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
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> > (2) Subsection (1) does not apply to a refusal or revocation if—
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> > > (a) the decision to refuse or revoke the licence is overturned, or
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> > > (b) a licence is subsequently granted to the person.
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> > (3) In this section—
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> > prescribed work means the following—
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> > > (a) work in the cash-in-transit sector of the security industry,
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> > > (b) work in any area involving access to operational information relating to the licensee’s security business,
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> > > (c) work requiring the person to—
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> > > > (i) roster or schedule the carrying on of any security activity by a person who holds a class 1 or class 2 licence, or
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> > > > (ii) monitor the performance of a person who holds a class 1 or class 2 licence in carrying on a security activity.
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> **s 38C:** Ins 2005 No 63, Sch 1 \[65\]. Subst 2012 No 49, Sch 1 \[70\]; 2022 No 52, Sch 1\[43\].