Security Providers Act 1993

In this section—officer of a corporation means—

a director, secretary or executive officer of the corporation; or

a person who can control or substantially influence the conduct of the corporation’s affairs including, for example, a person on whose directions or instructions the corporation’s directors usually act.

This section applies if a corporation or partnership applies for a security firm licence.

The applicant is entitled to the licence if the chief executive is satisfied that—

each person who is an officer of the corporation, or partner in the partnership, is an appropriate person to be an officer or partner if the corporation or partnership were granted the licence; and

if the applicant is a corporation—the corporation is an appropriate person to hold the licence; and

the applicant is a current member of an approved security industry association.

For subsection (3)(b), in deciding whether a corporation is an appropriate person to hold a security firm licence, the chief executive—

must consider the following matters—

whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court;

any other information indicating—

the corporation is a risk to public safety; or

the holding of the licence by the corporation would be contrary to the public interest; but

may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48.

The imposed conditions of the licence must state the security firm services that may be supplied under the licence.

Sections 11(3) to (5), 12 and 12B apply to a decision about whether a person mentioned in subsection (3)(a) is an appropriate person as if the person were the applicant for the licence.

A corporation is not an appropriate person to hold a security firm licence if the corporation—

has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction has been recorded; or

is subject to a relevant control order.