South Australian Consolidated Acts

SECURITY AND INVESTIGATION AGENTS ACT 1995 - SECT 9

9—Entitlement to be licensed

        (1)         Subject to section 9A, a natural person is entitled to be granted a licence if—

            (a)         the person has—

                  (i)         the qualifications and experience required by regulation for the functions to be authorised by the licence; or

                  (ii)         subject to the regulations, qualifications and experience the Commissioner considers appropriate having regard to the functions to be authorised by the licence and whether the licence is to be subject to an employee (supervision) condition ¹ ; and

            (b)         the person has not been convicted of an offence of a class specified by regulation in relation to the functions to be authorised by the licence; and

            (c)         the person is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

            (d)         the person is a fit and proper person to be the holder of the licence; and

            (e)         in the case of a licence not to be subject to an employee condition ¹ , the person—

                  (i)         is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and

                  (ii)         has not, during the period of five years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—

                        (A)         when the body was being so wound up; or

                        (B)         within the period of six months preceding the commencement of the winding up; and

                  (iii)         has sufficient business knowledge and experience and financial resources for the purpose of properly carrying on business under the licence.

        (2)         Subject to section 9A, a body corporate is entitled to be granted a licence if—

            (a)         the body corporate—

                  (i)         is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

                  (ii)         is not being wound up and is not under official management or in receivership; and

            (b)         no director of the body corporate—

                  (i)         has been convicted of an offence of a class specified by regulation in relation to the functions authorised by the licence; or

                  (ii)         is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or

                  (iii)         has, during the period of five years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—

                        (A)         when the body was being so wound up; or

                        (B)         within the period of six months preceding the commencement of the winding up; and

            (c)         the directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business carried on under the licence; and

            (d)         the body corporate has sufficient financial resources for the purpose of properly carrying on business under the licence; and

            (e)         each director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence.

        (3)         If, on an application by a person for a licence, the Commissioner—

            (a)         is not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources; but

            (b)         is satisfied that the applicant proposes to carry on business as an agent in partnership with a person who does meet the requirements not satisfied by the applicant,

the Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to a partnership condition ¹ .

        (4)         If a licence is to be granted subject to a partnership condition ¹ to an applicant who does not have the qualifications and experience required under subsection (1)(a), the licence is also to be subject to a partnership (business only) condition ¹ .

Note—

1         See section 7.