Security and Investigation Industry Act 1995

Subject to this Act, a natural person is eligible to be granted a licence if the person, on application to the Commissioner, satisfies the

Commissioner that he or she—

has the qualifications and experience determined by the

Commissioner to be necessary for the purposes of the licence having regard to—

the functions proposed to be authorised by the licence;

and

whether the applicant has made, or proposes to make, a related application for a firearms licence; and

whether the licence is to be subject to an employee (supervision) condition; and

any other factor considered relevant by the Commissioner;

and

is a fit and proper person to be the holder of the licence;

and

in the case of a licence not to be subject to an employee condition—

is not an insolvent under administration within the meaning of the

Corporations

Act 2001 of the Commonwealth; and

has not, during the period of five years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—

when the body was being so wound up; or

within the period of six months preceding the commencement of the winding up; and

has sufficient business knowledge and experience and financial resources for the purpose of properly carrying on business under the licence.

Subject to this Act, a body corporate is eligible to be granted a licence if the body corporate, on application to the Commissioner, satisfies the Commissioner that—

the body corporate—

is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

is not being wound up and is not under official management or in receivership; and

no director of the body corporate has, during the period of

5 years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—

when the body was being so wound up; or

within the period of 6 months preceding the commencement of the winding up; and

the directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business carried on under the licence; and

the body corporate has sufficient financial resources for the purpose of properly carrying on business under the licence; and

each director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence.

If, on an application by a person for a licence, the

Commissioner—

is not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources;

but

is satisfied that the applicant proposes to carry on business as an agent in partnership with a person who does meet the requirements not satisfied by the applicant, the Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to a partnership condition.

If a licence is to be granted subject to a partnership condition to an applicant who does not have the qualifications and experience required under subsection (1)(a), the licence is also to be subject to a partnership (business only) condition.

If the Commissioner of Police has objected under section 8A(3) to an application for a security agents licence or security industry trainers licence, the Commissioner must take into consideration the grounds for the objection when assessing the application.

An application for a security agents licence or security industry trainers licence can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest.

An application for a licence need not be determined if the applicant for the licence or a director of a body corporate that is the applicant for the licence is subject to a charge of a prescribed offence.