16Decision of Commissioner in relation to licence applications

16 Decision of Commissioner in relation to licence applications

16 Decision of Commissioner in relation to licence applications

(1) The Commissioner may, after considering an application for a licence or for the renewal or restoration of a licence—

(a) grant, renew or restore the licence, or

(b) refuse to grant, renew or restore the licence.

(2) The Commissioner may, in such circumstances as the Commissioner considers appropriate, treat an application for a licence or for the renewal or restoration of a licence as having been withdrawn.

(3) The Commissioner must not grant, renew or restore a licence if—

(a) the Commissioner is satisfied the application for the licence or for the renewal or restoration of the licence was not properly made, or

(b) the applicant is a controlled member of a declared organisation, or

Note—

Controlled members are prohibited from applying for licences—see the Crimes (Criminal Organisations Control) Act 2012, section 27.

(c) the Commissioner is satisfied the applicant is not a fit and proper person to be granted a licence, or to have a licence renewed or restored, or

(d) the Commissioner is satisfied a close associate of the applicant is not a fit and proper person, or

(e) the Commissioner is satisfied it would be contrary to the public interest for the applicant to be granted a licence, or have a licence renewed or restored, or

(f) the Commissioner is satisfied the applicant had, within the period of 10 years before the application was made, been convicted in New South Wales or elsewhere of a disqualifying offence for the type of licence applied for, whether or not the offence is an offence under New South Wales law, or

(g) the Commissioner is satisfied the applicant—

(i) is a member of a prescribed criminal organisation, or

(ii) was a member of a prescribed criminal organisation in the 12 months before the application was made.

(4) Without limiting subsection (1), the Commissioner may refuse to grant, renew or restore a master licence if the Commissioner is satisfied that—