Private Security Personnel and Private Investigators Act 2010

Grounds of disqualification: Company

63 Grounds of disqualification for company

(1)

The grounds of disqualification for a company applicant for a licence are that—

(a)

the company has, within the preceding 7 years, been convicted of any—

(i)

offence under section 10, 11, 12, 12A, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986; or

(ia)

offence under section 103(1) of the Credit Contracts and Consumer Finance Act 2003 that involves a breach of any provision of Part 3A of that Act; or

(ii)

offence of dishonesty; or

(iii)

offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act; or

(iv)

offence under this Act of operating while unlicensed or employing or engaging a person without a certificate of approval, or an offence under section 16, 34, or 52 of the Private Investigators and Security Guards Act 1974; or

(b)

the company holds a licence that has been suspended; or

(c)

the company has, within the preceding 7 years, had a licence cancelled under this Act or the Private Investigators and Security Guards Act 1974; or

(d)

an officer of the company was, or is, an officer of another company (whether or not that other company is still in existence) that, within the preceding 7 years, had a licence cancelled under this Act or the Private Investigators and Security Guards Act 1974; or

(e)

any of the grounds of disqualification in section 62(a) to (h) apply to any officer of the company; or

(f)

every officer of the company is disqualified under section 62(i) and (j).

(2)

For the purposes of subsection (1)(e) and (f), section 62 must be read as if the officer were the applicant for the licence.

Section 63(1)(a)(i): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 63(1)(a)(ia): inserted, on 6 March 2015, by section 82 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).