South Australian Numbered Acts

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PROTECTIVE SECURITY ACT 2007 (NO 25 OF 2007) - SECT 40

40—False statements in applications for appointment

        (1)         A person must not make a false statement in connection with an application for appointment under this Act.

Maximum penalty: $2 500 or 6 months imprisonment.

        (2)         In a prosecution for an offence against subsection (1), it is not necessary for the prosecution to prove that the false statement was made wilfully or negligently, but it is a defence to prove that the defendant believed on reasonable grounds that the statement was true.

        (3)         If a person who has contravened subsection (1) is appointed as a protective security officer, the contravention will be taken to constitute a breach of the Code and may be dealt with as such—

            (a)         despite the fact that the person was not a protective security officer at the time of the contravention; and

            (b)         whether or not the person is prosecuted for an offence against subsection (1).



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