South Australian Numbered Acts South Australian Numbered Acts45—Insertion of sections 8A to 8C
After section 8 insert:
8A—Applications for security agents licence to be furnished to
Commissioner of Police
(1) The Commissioner
must, in relation to each application for a security agents licence—
(a) give
the Commissioner of Police a copy of the application; or
(b)
notify the Commissioner of Police of the identity of the applicant or, if
the applicant is a body corporate, the identity of each director of the body
corporate.
(2) As soon as
reasonably practicable following receipt of an application, or information in
respect of an application, under subsection (1), the Commissioner of
Police—
(a) must
make available to the Commissioner information about criminal convictions; and
(b) may
make available to the Commissioner other information to which the Commissioner
of Police has access,
relevant to whether the application should be granted.
(3) The Commissioner
of Police may, following receipt of an application, or information in respect
of an application, under subsection (1), object to the application by
notice in writing provided to the Commissioner within the prescribed period.
(4) A notice of
objection under subsection (3) must state grounds for the objection.
(5) Subject to section
5B, a copy of the notice of objection must be served by the Commissioner on
the applicant as soon as reasonably practicable after the notice is received
by the Commissioner.
(6) The Commissioner
must, before deciding whether to grant or refuse the application, give
the applicant a reasonable opportunity to respond to the notice of objection.
8B—Applicant for security agents licence must be required to provide
fingerprints
(1) If a person
applies for a security agents licence, the Commissioner must, by notice in
writing, request—
(a) if
the person is a natural person—the person; and
(b) if
the person is a body corporate—each director of the body corporate,
to attend at a specified time and place for the purpose of having his or her
fingerprints taken by a police officer.
(2) If a person fails
to attend for the taking of fingerprints in accordance with a request under
subsection (1), the Commissioner must, by notice in writing, require the
person, within a time fixed by the notice (which may not be less than 28 days
after service of the notice), to make good the default.
(3) If the person
fails to comply with the notice under subsection (2), the Commissioner
must, without further notice, refuse the application (but may keep the fee
that accompanied the application).
(4) If
the Commissioner has requested a person to attend for the taking of
fingerprints under subsection (1), the Commissioner is not required to
consider the application in relation to which the request has been made until
the fingerprints have been taken and relevant information provided to the
Commissioner by the Commissioner of Police in accordance with this section.
(5) As soon as
reasonably practicable after fingerprints have been taken from a person by a
police officer pursuant to a request under this section, the Commissioner of
Police must make available to the Commissioner such information to which
the Commissioner of Police has access about the identity, antecedents and
criminal history of the person as the Commissioner of Police considers
relevant.
8C—Applicant for security agents licence may be required to undergo
psychological assessment
(1) If an applicant
for a security agents licence is seeking authorisation to perform the function
of controlling crowds, the Commissioner may, for the purpose of determining
whether the applicant is fit and proper to hold such a licence, request
the applicant to take part, at the cost of the applicant, in an approved
psychological assessment.
(2) If a person fails
to take part in a psychological assessment in accordance with a request under
subsection (1), the Commissioner may, by notice in writing, require the
person, within a time fixed by the notice (which may not be less than 28 days
after service of the notice), to make good the default.
(3) If the person
fails to comply with the notice under subsection (2), the Commissioner
may, without further notice, refuse the application but keep the fee that
accompanied the application.
(4) If
the Commissioner has requested a person to take part in a psychological
assessment under subsection (1), the Commissioner is not required to
consider the application in relation to which the request has been made until
the applicant has been assessed and the results of the assessment provided to
the Commissioner.