sec.41Criminal history report

sec.41 Criminal history report

This section applies if the chief executive is considering whether a person is a fit and proper person to be a licensee. The chief executive may ask the commissioner of the police service for a criminal history report about— the person being considered; and if the person being considered is a corporation—a person who is a director of the corporation. However, the chief executive may make the request only if the person has given the chief executive written consent for the request. The commissioner of the police service must comply with the request. However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner has access. The chief executive must ensure any information received under this section— is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and is not used for any purpose other than the purpose for which it was requested. Reusing the information for another matter involving the person to which the information relates. For subsection (6) (a) , information in an electronic document may be destroyed in a way that complies with a disposal authorisation given by the archivist under the Public Records Act 2023 for the disposal of public records of the department. s 41 ins 2023 No. 16 s 7 amd 2023 No. 33 s 107 sch 5 (sec.41-ssec.1) This section applies if the chief executive is considering whether a person is a fit and proper person to be a licensee. (sec.41-ssec.2) The chief executive may ask the commissioner of the police service for a criminal history report about— the person being considered; and if the person being considered is a corporation—a person who is a director of the corporation. (sec.41-ssec.3) However, the chief executive may make the request only if the person has given the chief executive written consent for the request. (sec.41-ssec.4) The commissioner of the police service must comply with the request. (sec.41-ssec.5) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner has access. (sec.41-ssec.6) The chief executive must ensure any information received under this section— is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and is not used for any purpose other than the purpose for which it was requested. Reusing the information for another matter involving the person to which the information relates. (sec.41-ssec.7) For subsection (6) (a) , information in an electronic document may be destroyed in a way that complies with a disposal authorisation given by the archivist under the Public Records Act 2023 for the disposal of public records of the department.

• (a) the person being considered; and