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Breaches and Penalities

There are severe penalties for operating in the industry without a licence.

Penalties
Cancelling your licence
Disqualifying offences

 

Penalties

Individuals and companies may be penalised if they operate unlicensed or fail to comply with the Act.

Below are some of the penalties under the Act (this is not an exhaustive list).


Individuals

A person who works unlicensed in the industry faces penalties of up to:

  • $12,000


Anyone who hires an unlicensed person faces penalties of up to:

  • $24,000


Engage in harassment while undertaking any activity faces penalties of up to:

  • $2,400


Fail to wear an identity card or identifying number faces penalties of up to:

  • $12,000


Fail to produce identity card faces penalties of up to:

  • $12,000


Working while intoxicated faces penalties of up to:

  • $12,000



Companies

A company that operates unlicensed in the industry faces penalties of up to:

  • $60,000


Any company who hires an unlicensed person faces penalties of up to:

  • $120,000

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Cancelling your licence

If you hold a current licence and are convicted of a disqualifying offence, we may cancel your licence.

If you are found guilty of a disqualifying offence, but conviction is not recorded, you may be asked to justify why your licence should not be cancelled.


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Disqualifying offences

You must meet a stringent criteria in relation to your character and background before the Commissioner of Corporate Affairs will approve your application or re-application for a licence.

When considering an application or a re-application the Commissioner will look to see if a person has committed any disqualifying offences.

Examples of offences (this is not an exhaustive list) which could disqualify an applicant from being granted a licence include: 

Violence

  • Acts intending to cause grievous harm
  • Assaults on police
  • Attempt to murder
  • Bodily harm
  • Common assault
  • Indecent dealing with a child
  • Manslaughter
  • Murder
  • Rape
  • Sexual assault

 

Dishonesty

  • Blackmail
  • Burglary
  • Deception
  • Extortion
  • Forgery
  • Obtaining or acquiring a financial advantage
  • Receiving stolen property
  • Robbery
  • Stealing

 

Drugs

  • Cultivation
  • Manufacture and production
  • Possession
  • Receiving
  • Supply dangerous drug
  • Under the influence of a drug

 

Firearms

  • Prohibited use of firearms
  • Prohibited weapons
  • Unregistered firearms
  • Fail to take all precautions to ensure safekeeping of firearm
  • Possess a firearm when not the holder of a firearm licence of the appropriate category

 

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