Liquor Act 1992

A person may apply to the commissioner for approval to operate an approved ID scanning system.

The application must—

be in the approved form; and

include a consent to a criminal history check of the applicant or, if the applicant is a corporation, each executive officer of the applicant; and

be accompanied by the fee prescribed by regulation.

The applicant must provide any relevant information reasonably required by the commissioner to decide the application.

The commissioner may grant the application if the commissioner is satisfied—

the applicant—

is not a licensee or an associate of a licensee; and

is a suitable person to operate an approved ID scanning system; and

for an applicant that is a corporation, each executive officer of the applicant—

is not a licensee or an associate of a licensee; and

is a suitable person to operate an approved ID scanning system.

Without limiting the matters to which the commissioner may have regard in deciding whether an individual is a suitable person to operate an approved ID scanning system—

the commissioner must have regard to—

whether the individual has been convicted of a prescribed offence; and

if the individual is, or has been, the subject of a control order or registered corresponding control order—the terms of the order; and

the commissioner may obtain a report from the police commissioner about the individual’s criminal history, including whether the individual is, or has been, the subject of a control order or registered corresponding control order.

However, the commissioner may not have regard to criminal intelligence in deciding whether an individual is a suitable person to operate an approved ID scanning system.

A report under subsection (5)(b) must—

include reference to or disclosure of convictions of the individual mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6; and

if the individual is, or has been, the subject of a control order or registered corresponding control order—

state the details of the order; or

be accompanied by a copy of the order.

An approval may be granted on conditions.

If the commissioner decides to refuse the application, the commissioner must give the applicant an information notice for the decision.

The commissioner may refuse an application, or refuse to accept an application under subsection (1), if the commissioner is satisfied the participation of any more approved operators in the scheme conducted under this part would adversely affect the proper administration of this part.

If the commissioner refuses an application under subsection (8), the commissioner must refund to the applicant any fees paid by the applicant under this section.

In this section—