Private Security Personnel and Private Investigators Act 2010

Subpart 3—Grounds of disqualification

Grounds of disqualification: Individual

62 Grounds of disqualification for individual applicant

The grounds of disqualification for an individual applicant for a licence, or an applicant for a certificate of approval, are that the individual—

(a)

has been ordered by a court to be detained in a hospital owing to his or her mental condition and is currently subject to such an order; or

(b)

has ever had an order made in relation to him or her under section 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, section 118 of the Criminal Justice Act 1985, or section 39J of the Criminal Justice Act 1954 (being an order imposed, instead of passing sentence, that the offender be treated or cared for in a manner that the offender’s mental impairment requires, either in the offender’s interest, or for the safety of the public, or for the safety of a person or class of person); or

(c)

has ever been ordered by a court to be detained in a penal institution following conviction for an offence and that conviction or order has not been quashed on appeal; or

(d)

has ever been convicted of a specified offence as defined in section 4 of the Criminal Records (Clean Slate) Act 2004; or

(e)

has ever been disqualified from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision; or

(f)

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

(i)

offence under the Arms Act 1983; or

(ii)

offence under any of sections 216H to 216J of the Crimes Act 1961; or

(iii)

offence under section 10, 11, 12A, 13, 16, 19, 21, 24, 47F, or 47J of the Fair Trading Act 1986; or

(iiia)

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

(iv)

offence under section 8 or 25 of the Harassment Act 1997; or

(v)

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

(vi)

offence of dishonesty; or

(vii)

offence of violence; or

(viii)

offence under this Act of working while not holding a licence or relevant certificate of approval or employing or engaging a person without a relevant certificate of approval, or an offence under section 16, 34, or 52 of the Private Investigators and Security Guards Act 1974; or

(fa)

is adjudged bankrupt, makes any assignment for the benefit of his or her creditors, or makes any composition with his or her creditors; or

(g)

holds a licence or certificate of approval that has been suspended; or

(h)

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

(i)

does not meet the requirements prescribed in regulations made under section 114(1)(h); or

(j)

in the case of an applicant for a licence, has not, within the preceding 5 years, had 12 months’ relevant experience as a licensee or responsible employee in the class or classes of private security business to which the application relates.

Section 62(f)(iii): amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 62(f)(iiia): inserted, on 6 March 2015, by section 82 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).

Section 62(fa): inserted, on 29 October 2019, by section 197 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).