Australian Capital Territory Consolidated Acts

SECURITY INDUSTRY ACT 2003 - SECT 21

    (1)     The commissioner for fair trading must not issue or vary a licence unless—

        (a)     satisfied that—

              (i)     the applicant is eligible to hold the licence; and

Note     Eligibility for employee, trainer and employee temporary visitor licences is dealt with in s 24.

              (ii)     for a licence other than a temporary visitor licence—the applicant has satisfactorily completed a training course, or has experience or other training that is equivalent, or substantially equivalent, to completion of a training course, prescribed under the regulations for the licence applied for; and

              (iii)     for an application for an employee licence to do 1 or more of the things mentioned in section 13 (1) (a), (b), (c), (d), (e), (f) or (h)—an employee organisation has given the applicant the information prescribed by regulation in relation to workplace rights and responsibilities ( workplace information ); and

              (iv)     the applicant satisfies any condition prescribed under the regulations for the licence; and

              (v)     it is otherwise in the public interest to license the applicant; and

              (vi)     for a master temporary visitor licence—the applicant holds a full licence (however described) under the law of a State to employ or provide a person to carry on the activity authorised under the licence; and

              (vii)     for an employee temporary visitor licence—the applicant holds a full licence (however described) under the law of a State to do the activity authorised under the licence; and

        (b)     the applicant—

              (i)     if the applicant is an individual—is an adult; and

              (ii)     if competency standards are prescribed under the regulations—has satisfied the standards.

    (2)     This section is subject to section 26 (Temporary licences).

    (3)     In this section:

"applicant"—

        (a)     for an application for a master licence or master temporary visitor licence—includes a close associate of the applicant; and

        (b)     if the applicant is a corporation—includes each executive officer of the corporation; and

        (c)     if the applicant is a partnership—includes each partner.

"close associate"—see section 22.

"executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.