Security and Investigation Industry Act 1995

A person must not carry on a business of providing security industry training unless the person has been approved by the Commissioner as a security industry training provider. Maximum penalty: Maximum penalty: $20 000.

The Commissioner must not approve a person as a security industry training provider unless the Commissioner is satisfied that the person, or, if the person is a body corporate, each director of the body corporate, would be a fit and proper person to hold a security industry trainers licence if the person were to apply for such a licence.

The Commissioner may withdraw the approval of a person as a security industry training provider by notice in writing to the person if the

Commissioner is satisfied that the person or, if the person is a body corporate, a director of the body corporate, would not be a fit and proper person to hold a security industry trainers licence if the person were to apply for such a licence or that the approval was obtained improperly.

An application for an approval must—

be made to the Commissioner in the manner and form approved by the

Commissioner; and

be accompanied by the fee fixed by regulation.

An applicant for an approval must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant or, if the applicant is a body corporate, each director of the body corporate, and any other information required by the

Commissioner for the purposes of determining the application.

The Commissioner may require an applicant for an approval, or, if the applicant is a body corporate, a director of the body corporate, to make arrangements to have his or her fingerprints taken.

If an applicant for an approval, or, if the applicant is a body corporate, a director of the body corporate, has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.

The Commissioner may require the holder of an approval as a security industry training provider, or, if the holder is a body corporate, a director of the body corporate—

to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to identity, age and address; and

to make arrangements to have his or her fingerprints taken.

The Commissioner may, by notice in writing, require a person, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.

As soon as reasonably practicable after fingerprints have been taken from a person pursuant to a requirement under this section, the

Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.

If a person fails to comply with a notice under subsection (9)—

in the case of a requirement made in connection with an application for an approval—the Commissioner may without further notice, refuse the application but keep any fee that accompanied the application;

and

in the case of a requirement made in connection with an existing approval—the Commissioner may, by notice in writing, require the person to make good the default.

If the holder of an approval is a body corporate and a notice is given under subsection (11)(b) to a director of the body corporate, a copy of the notice must be given by the Commissioner to the body corporate.

If a person fails to comply with a notice under subsection (11)(b) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the approval in respect of which the requirement is made is taken to be withdrawn.

The Commissioner must notify the holder of the approval in writing of the withdrawal of the approval.