Security Industry Act 2003

The commissioner for fair trading must not issue or vary a licence unless—

satisfied—

about the applicant’s identity; and

that the applicant is eligible to hold the licence; and

Note Eligibility for employee, trainer and employee temporary visitor licences is dealt with in s 24.

for a licence other than a temporary visitor licence—that the applicant has satisfactorily completed a training course, or has experience or other training that is equivalent, or substantially equivalent, to completion of a training course, prescribed by regulation for the licence applied for; and

for an application for an employee licence to do 1 or more of the things mentioned in section 13 (1) (a), (b), (c), (d), (e), (f) or (h)—that an employee organisation has given the applicant the information prescribed by regulation in relation to workplace rights and responsibilities (workplace information); and

that the applicant satisfies any condition prescribed by regulation for the licence; and

that it is otherwise in the public interest to issue a licence to the applicant; and

for a master temporary visitor licence—that the applicant holds a full licence (however described) under the law of a State to employ or provide a person to carry on the activity authorised under the licence; and

for an employee temporary visitor licence—that the applicant holds a full licence (however described) under the law of a State to do the activity authorised under the licence; and

the applicant—

if the applicant is an individual—is an adult; and

if competency standards are prescribed under the regulations—has satisfied the standards.

Also, the commissioner for fair trading must not issue or vary a licence if—

within the 10 years before the day the application is made, the applicant has been convicted of 1 or more of the offences mentioned in subsection (3), in the ACT or elsewhere; or

within the 5 years before the day the application is made, the applicant has been found guilty (but not convicted) of 1 or more of the offences mentioned in subsection (3), in the ACT or elsewhere.

The offences are as follows:

if the stated circumstances apply—an offence involving assault, violence against a person, dishonesty or theft;

if the stated circumstances apply—an offence relating to the possession, storage or use of a firearm or other weapon;

if the stated circumstances apply—an offence, other than for possession, involving a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code;

an offence involving robbery;

an offence against the Commonwealth Criminal Code, part 5.3 (Terrorism);

an offence committed outside the ACT involving terrorism that is an offence against a law of the place where the offence is committed.

This section is subject to section 26 (Temporary licences).

In this section:

applicant—

for an application for a master licence or master temporary visitor licence—includes a close associate of the applicant; and

if the applicant is a corporation—includes each executive officer of the corporation; and

if the applicant is a partnership—includes each partner.

close associate—see section 22.

executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

stated circumstances, for an offence for which an applicant has been convicted, means that—

a penalty is imposed on the applicant for the offence; and

the penalty is imprisonment, a fine of $500 or more, or both.