7Discretionary grounds for refusing licence application

#### 7 Discretionary grounds for refusing licence application 7 Discretionary grounds for refusing licence application > For the purposes of section 18(4) of the Act, the Secretary may refuse an application for a licence if— > > > (a) a close associate of the applicant has, within the period of 10 years before the application was made— > > > > > (i) been refused a licence, or > > > > > (ii) had his or her licence permanently revoked, or > > > > > (iii) been the subject of disciplinary action under Division 4 of Part 3 of the Act that resulted in the close associate being disqualified from holding a licence or having his or her licence suspended or permanently revoked, or > > > (b) the applicant or a close associate of the applicant is subject to— > > > > > (i) a firearms prohibition order under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), or > > > > > (ii) a weapons prohibition order under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127), or > > > > > (iii) a serious crime prevention order under the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015), or > > > (c) the applicant or a close associate of the applicant has, within the period of 10 years before the application was made, been convicted or been found guilty (but with no conviction being recorded) of the following offences (regardless of whether the offence was committed in New South Wales)— > > > > > (i) an offence relating to the possession or use of a firearm or imitation firearm (within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046)) or other weapon, > > > > > (ii) an offence involving the supply or possession of a prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), > > > > > (iii) an offence involving the cultivation (for a commercial purpose), supply or possession of a prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), > > > > > (iv) an offence relating to organised car, boat or trailer rebirthing activities under section 154G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (v) an offence of dealing with property suspected of being proceeds of crime under section 193C of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (vi) an offence involving the recruitment of another person to carry out or assist in carrying out a criminal activity within the meaning of section 351A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (vii) an offence involving participation in a criminal group or participation in any criminal activity of a criminal group within the meaning of Division 5 of Part 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (viii) the offence of contravening a serious crime prevention order under section 8 of the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015), > > > > > (ix) an offence under section 74 of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) relating to a firearms prohibition order, > > > > > (x) an offence under section 34 of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) relating to a weapons prohibition order, > > > > > (xi) an offence involving an assault of any kind against a person, > > > > > (xii) an offence involving fraud, dishonesty or stealing, > > > > > (xiii) an offence involving robbery (whether armed or otherwise), > > > > > (xiv) the offence of habitually consorting with convicted offenders under section 93X of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (xv) the offence of contravening a public safety order under section 87ZA of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), > > > > > (xvi) an offence of making, using or interfering with unique identifiers under section 154H of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (xvii) the offence of having possession of a motor vehicle, vessel or trailer where the unique identifier has been interfered with under section 154I of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (xviii) the offence of having possession of an identification plate not attached to the motor vehicle or trailer to which it relates under section 154J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > (d) the applicant has not obtained a necessary approval for the use of a specified place as a holding yard in carrying on the applicant’s business, or > > > (e) the applicant has been subject to disciplinary action under Division 4 of Part 3 of the Act in relation to the requirements for holding yards under Part 4, or > > > (f) the Secretary reasonably believes that information given in the licence application is false or misleading in a material particular.