19BInformation for determinations

19B Information for determinations

19B Information for determinations

(1) This section applies for the purpose of making a determination on a matter referred to in section 14 or 19.

(2) The Commissioner may have regard to a criminal intelligence report or other criminal information held in relation to the applicant, licensee or permit holder, or a close associate of the applicant, licensee or permit holder, that—

(a) is relevant to the business or procedures proposed to be carried on or performed, or carried on or performed, under the licence or permit, or

(b) causes the Commissioner to conclude improper conduct is likely to occur if—

(i) the applicant were granted the licence or permit, or

(ii) the licensee or permit holder continued to hold the licence or permit, or

(c) causes the Commissioner to lack confidence that improper conduct will not occur if—

(i) the applicant were granted the licence or permit, or

(ii) the licensee or permit holder continued to hold the licence or permit.

(3) Without limiting subsection (2), the Commissioner may consider the following—

(a) information relating to spent convictions, despite anything to the contrary in the Criminal Records Act 1991,

(b) information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged,

(c) information relating to offences, despite anything to the contrary in the Crimes Act 1900, section 579.

s 19B: Ins 2022 No 10, Sch 1[31].