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s 6

Obligation to be licensed

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Part 2Licences

6 Obligation to be licensed

(1)

A person must not—

(a)

carry on business, or otherwise act, as a security agent or investigation agent except as authorised by a licence under this Part;

or

(ab)

personally provide security industry training except as authorised by a licence under this Part; or

(b)

advertise or otherwise hold himself or herself out as being entitled to carry on business, or to otherwise act, as a security agent or investigation agent or to personally provide security industry training unless authorised to so act by a licence under this Part. Maximum penalty: Maximum penalty:

(a)

for an offence committed by a natural person—

(i)

for a first or second offence—$50 000;

or

(ii)

for a third or subsequent offence—$50 000 or

12 months imprisonment or both; or

(b)

for an offence committed by a body corporate—$250 000.

(2)

A person required to be licensed as an agent is not entitled to any fee or other consideration in respect of functions performed in the course of carrying on business as an agent unless—

(a)

the person was authorised by a licence to perform the functions in the course of carrying on business as an agent; or

(b)

a court hearing proceedings for recovery of the fee or other consideration is satisfied that the person's failure to be so authorised resulted from inadvertence only.

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