Refusal and Cancellation of Licences

Mandatory Grounds

The Commissioner of Police MUST refuse an application if the applicant becomes a "disqualified individual" or "disqualified corporation" (whichever applicable) as defined in the Act and includes:

In relation to an application for a master licence;

• an individual who is an undischarged bankrupt, or the subject of arrangement, under the Bankruptcy Act 1966 of the Commonwealth

• an individual who is a director of a disqualified corporation or is concerned in the management of a disqualified corporation

• a corporation that has been convicted or found guilty of a major offence

• a corporation that has, as one of its directors or as one of the persons concerned in its management, an individual who is a disqualified individual

In relation to an application for an operator licence;

• Not being an Australian citizen

• An applicant who, in the opinion of the Commissioner, is not a fit and proper person to hold a licence.

  An individual who has been convicted or found guilty of a major offence and:

  • Convicted within 10 years before the application was made, in New South Wales or elsewhere, of an offence prescribed by the Act or Regulation.

    Or

  • Found guilty, but with no conviction recorded, within 5 years before the application was made, in New South Wales or elsewhere, of an offence prescribed by the Act or Regulation.

Offences for which an applicant MUST be disqualified include:

• Offences involving violence, fraud, dishonest or theft.

• Offences involving the unlawful possession or use of a firearm or other weapon.

• Offences involving the unlawful possession or use of a drug.

• Offences under Part 2 of the Listening Devices Act 1984.

• Offences under the Telecommunications (Interception) Act 1979.

• Any other offence declared by the Regulation to be a major offence for the purposes of this Act.