sec.11Entitlement to licences—individuals

### sec.11 Entitlement to licences—individuals This section applies if an individual applies for a licence. A person is entitled to a licence if the chief executive is satisfied that the person— is either— 18 years or more; or for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and for an application for a security firm licence—is a current member of an approved security industry association; and is an appropriate person to hold the licence. A person is taken to comply with subsection (2) (b) if the chief executive is satisfied the person, within 1 year before the day the person’s application for the licence is received by the chief executive, held a licence for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought. In deciding whether a person is an appropriate person to hold a licence, the chief executive— may only consider the matters mentioned in subsections (4) and (5) ; and may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 . In deciding whether a person is an appropriate person to hold a licence, the chief executive must consider the following matters as indicating that the person may not be an appropriate person— in dealings in which the person has been involved, the person has— shown dishonesty or lack of integrity; or used harassing tactics; the person has taken advantage, as a debtor, of the laws of bankruptcy; the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 applies; an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court; any other information indicating— the person is a risk to public safety; or the holding of the licence by the person would be contrary to the public interest. A person is not an appropriate person to hold a licence if the person— has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or is subject to a relevant control order. In this section— apprentice or trainee means an apprentice or trainee within the meaning of the Further Education and Training Act 2014 . unrecorded finding of guilt , in relation to a relevant offence, means a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence. s 11 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2007 No. 15 s 15 ; 2008 No. 26 s 14 ; 2008 No. 69 s 89 ; 2009 No. 2 s 72 ; 2013 No. 62 ss 58 , 61 ; 2013 No. 64 s 171 ; 2014 No. 25 s 223 sch 1 ; 2016 No. 62 s 378 Note—To give effect to 2008 No. 69 s 89 (1) , ‘from’ has been interpreted as ‘after’. (sec.11-ssec.1) This section applies if an individual applies for a licence. (sec.11-ssec.2) A person is entitled to a licence if the chief executive is satisfied that the person— is either— 18 years or more; or for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and for an application for a security firm licence—is a current member of an approved security industry association; and is an appropriate person to hold the licence. (sec.11-ssec.2A) A person is taken to comply with subsection (2) (b) if the chief executive is satisfied the person, within 1 year before the day the person’s application for the licence is received by the chief executive, held a licence for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought. (sec.11-ssec.3) In deciding whether a person is an appropriate person to hold a licence, the chief executive— may only consider the matters mentioned in subsections (4) and (5) ; and may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 . (sec.11-ssec.4) In deciding whether a person is an appropriate person to hold a licence, the chief executive must consider the following matters as indicating that the person may not be an appropriate person— in dealings in which the person has been involved, the person has— shown dishonesty or lack of integrity; or used harassing tactics; the person has taken advantage, as a debtor, of the laws of bankruptcy; the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 applies; an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court; any other information indicating— the person is a risk to public safety; or the holding of the licence by the person would be contrary to the public interest. (sec.11-ssec.5) A person is not an appropriate person to hold a licence if the person— has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or is subject to a relevant control order. (sec.11-ssec.6) In this section— apprentice or trainee means an apprentice or trainee within the meaning of the Further Education and Training Act 2014 . unrecorded finding of guilt , in relation to a relevant offence, means a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence. - (a) is either— (i) 18 years or more; or (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and - (i) 18 years or more; or - (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and - (b) for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and - (c) for an application for a security firm licence—is a current member of an approved security industry association; and - (d) is an appropriate person to hold the licence. - (i) 18 years or more; or - (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and - (a) may only consider the matters mentioned in subsections (4) and (5) ; and - (b) may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 . - (a) in dealings in which the person has been involved, the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics; - (i) shown dishonesty or lack of integrity; or - (ii) used harassing tactics; - (b) the person has taken advantage, as a debtor, of the laws of bankruptcy; - (c) the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 applies; - (d) an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court; - (e) any other information indicating— (i) the person is a risk to public safety; or (ii) the holding of the licence by the person would be contrary to the public interest. - (i) the person is a risk to public safety; or - (ii) the holding of the licence by the person would be contrary to the public interest. - (i) shown dishonesty or lack of integrity; or - (ii) used harassing tactics; - (i) the person is a risk to public safety; or - (ii) the holding of the licence by the person would be contrary to the public interest. - (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or - (b) is subject to a relevant control order.