New South Wales Repealed Regulations

This legislation has been repealed.

SECURITY INDUSTRY REGULATION 2007 - REG 16

16 Grounds for refusal to grant licence: section 15 (4)

(1) Mandatory grounds for refusal--individual For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a master licence if the applicant, or a close associate of the applicant:

(a) at any time in the 3 years immediately preceding the application for the licence, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, unless the Commissioner is satisfied that the person took all reasonable steps to avoid the bankruptcy, or

(b) at any time in the 3 years immediately preceding the application for the licence, was concerned in the management of a corporation when the corporation was the subject of a winding up order or when a controller or administrator was appointed, unless:

(i) the winding up of the corporation was voluntary, or

(ii) the Commissioner is satisfied that the person took all reasonable steps to avoid the liquidation or administration.

(2) Mandatory grounds for refusal--corporation For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a master licence if the applicant:

(a) is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, or

(b) at any time in the 3 years immediately preceding the application for the licence, was a corporation the subject of a winding up order or for which a controller or administrator was appointed.

(4) Mandatory grounds for refusal--offences and payment of penalty notices under the Act For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a licence if the applicant has committed an offence under the Act but only if a total of at least 3 such offences arising out of different sets of circumstances have been committed by the applicant during any period of 2 years.

(5) For the purposes of subclause (4), a person is taken to have committed an offence at the time that the person:

(a) is convicted of the offence by a court, or

(b) pays the penalty required by a penalty notice served on the person under section 45A of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996 ).

(6) Discretionary grounds for refusal For the purposes of section 15 (4) of the Act, the Commissioner may refuse to grant an application for a master licence if the applicant, or a close associate of the applicant, has, within the period of 3 years before the application for the licence was made, been found guilty of an offence under:

(a) the Fair Trading Act 1987 that relates to a contravention of section 44, 46, 49, 50, 53 or 55 of that Act as in force before that section was repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 , or

(b) the Trade Practices Act 1974 of the Commonwealth that relates to a contravention of section 51AA-51AC, 52, 53, 53B, 55, 55A, 58 or 60 of that Act as in force before that section was repealed by the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 of the Commonwealth, or

(c) Chapter 4 of the Australian Consumer Law that relates to a contravention of section 29, 31, 33, 34, 36 or 50 of that Law.