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COMBAT SPORTS ACT 2013 - SECT 26
Security determinations
26 Security determinations
(1) Referral to Commissioner for security determination The Authority must
refer an application for registration as an industry participant in a
registration class applicable to a match-maker, manager or promoter, and any
relevant accompanying information, that is made in accordance with this Act to
the Commissioner of Police for an investigation and determination as to either
or both of the following: (a) whether the applicant is a fit and proper person
to be registered,
(b) whether it would be contrary to the public interest for
the person to be registered.
(2) On a referral under this section, the
Commissioner is to inquire into and determine, and report to the Authority on,
the matters set out in the referral.
(3) The Commissioner is not required to
make a determination under this section if the Commissioner is not satisfied
as to the identity of the applicant for registration.
(4) Determination by
Commissioner For the purpose of making a determination, the Commissioner may
have regard to any criminal intelligence report or other criminal information
held in relation to the applicant that: (a) is relevant to the applicant's
proposed role as a match-maker, manager or promoter, or
(b) causes the
Commissioner to conclude that improper conduct is likely to occur if the
applicant were registered, or
(c) causes the Commissioner not to have
confidence that improper conduct will not occur if the applicant were
registered.
(5) For the purpose of making a determination, and without
limitation, the Commissioner may consider the following: (a) information
relating to spent convictions, despite anything to the contrary in the
Criminal Records Act 1991 ,
(b) information relating to criminal charges,
whether or not heard, proven, dismissed, withdrawn or discharged,
(c)
information relating to offences, despite anything to the contrary in
section 579 of the Crimes Act 1900 .
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