Offences and civil penalties that disqualify applicants
15 Offences and civil penalties that disqualify applicants
Prescribed offences: section 16 (1) (a) and (b) For the purposes of section 16 (1) (a) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales—
Offences relating to firearms or weapons
An offence relating to the possession or use of a firearm, or any other weapon, committed under—
the law of any Australian jurisdiction, or
the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),
and being an offence that would (had the offence been committed under the law of an Australian jurisdiction) disqualify the person concerned from holding a licence under the Firearms Act 1996.
Offences relating to prohibited drugs etc
An offence in respect of a psychoactive substance, prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008, committed under—
the law of any Australian jurisdiction, or
the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
Offences involving assault
An offence under the law of any Australian or overseas jurisdiction involving assault of any description, being an offence in respect of which the penalty imposed includes any term of imprisonment (whether or not suspended), an intensive correction order, a community correction order, a conditional release order, a good behaviour bond, a community service order or a penalty of $200 or more.
Offences involving fraud, dishonesty or stealing
An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the maximum penalty is (had the offence been committed under the law of an Australian jurisdiction) imprisonment for 3 months or more.
Offences involving robbery
An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).
Offences relating to industrial relations matters
In the case of an application for a master licence or for the renewal of a master licence only, an offence under the Industrial Relations Act 1996 or under any similar law of any other Australian jurisdiction or the Fair Work Act 2009 of the Commonwealth, but only if a total of at least 5 such offences have been committed by the applicant during any period of 2 years.
Offences relating to riot
An offence under section 93B of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.
Offences relating to affray
An offence under section 93C of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.
Offences involving stalking or intimidation
An offence under the law of any Australian or overseas jurisdiction involving stalking or intimidation.
Offences relating to reckless conduct causing death at workplace
An offence under section 31 of the Work Health and Safety Act 2011 or any similar offence under the law of another jurisdiction.
Offences relating to terrorism
An offence relating to terrorism, being—
an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or
an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).
Offences involving organised criminal groups and recruitment
An offence under section 93T or 351A of the Crimes Act 1900.
Prescribed offences: section 16 (1) (b) For the purposes of section 16 (1) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales—
an offence referred to in subclause (1) (a), (b) or (d)–(l),
an offence under the law of any Australian or overseas jurisdiction involving assault of any description, being an offence that, in the opinion of the Commissioner, is a serious assault offence.
Offences affecting private investigators only For the Act, section 16(1)(a) and (b), the following offences are prescribed offences, whether or not committed in New South Wales, only in relation to a class 2E licence—
an offence under the Surveillance Devices Act 2007, Part 2, or a similar offence under the law of another Australian jurisdiction,
an offence under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.
Prescribed civil penalties: section 16 (1) (c) For the purposes of section 16 (1) (c) of the Act, each relevant civil penalty is prescribed, but only in the case of an application for a master licence or for the renewal of a master licence and only if a total of at least 5 such penalties (whether of the same or a different kind) have been imposed during any period of 2 years.
In this clause—
relevant civil penalty means each of the following—
a civil penalty imposed under section 357 of the Industrial Relations Act 1996,
a pecuniary penalty imposed under section 224 of the Australian Consumer Law that relates to a contravention of section 18, 20, 21, 29, 31, 33, 34, 36 or 50 of that Law,
a pecuniary penalty imposed under section 546 of the Fair Work Act 2009 of the Commonwealth that relates to a contravention of that Act.
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