Northern Territory Numbered Regulations

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SEX INDUSTRY REGULATIONS 2020 (NO 4 OF 2020) - REG 5

Requirements to hold suitability certificate

    (1)     For section 19(3)(b) of the Act, the requirements are that, in the 10 year period before the day the application for the suitability certificate is made, the applicant or person:

(a)     has not been found guilty of a relevant offence; and

(b)     was not an executive officer of a body corporate when the body corporate was found guilty of an indictable offence against the Fair Work Act 2009 (Cth) or against a work health and safety law; and

(c)     has not been bankrupt, applied to take the benefit of a law for the relief of bankrupt or insolvent debtors or compounded with creditors or made an assignment of the applicant's or person's remuneration for their benefit; and

(d)     has not had a suitability certificate previously issued under the Act, or a similar certificate issued in another jurisdiction, revoked.

    (2)     In this regulation:

"executive officer", of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

"relevant offence" means:

(a)     an indictable offence involving a dangerous drug, as defined in section 3(1) of the Misuse of Drugs Act 1990 , other than an offence relating to:

(i)     the possession of less than a traffickable quantity of a dangerous drug; or

(ii)     the use of a dangerous drug; or

(b)     an indictable offence arising from the provision of sex work, other than an offence committed merely by being a sex worker or the operator of a sex services business; or

(c)     an indictable offence involving any of the following:

(i)     assault;

(ii)     sexual assault;

(iii)     fraud or dishonesty;

(iv)     theft; or

(d)     an indictable offence against the Fair Work Act 2009 (Cth) or against a work health and safety law.

work health and safety law means the Work Health and Safety (National Uniform Legislation) Act 2011 , the Occupational Health and Safety Act 2004 (Vic), the Occupational Health and Safety Act 1984 (WA), the Work Health and Safety Act 2011 (ACT), the Work Health and Safety Act 2011 (Cth), the Work Health and Safety Act 2011 (NSW), the Work Health and Safety Act 2011 (Qld), the Work Health and Safety Act 2012 (SA) or the Work Health and Safety Act 2012 (Tas).



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