Queensland Consolidated Acts
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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 41
Criminal history report
41 Criminal history report
(1) This section applies if the chief executive is considering whether a
person is a fit and proper person to be a licensee.
(2) The chief executive
may ask the commissioner of the police service for a criminal history report
about— (a) the person being considered; and
(b) if the person being
considered is a corporation—a person who is a director of the corporation.
(3) However, the chief executive may make the request only if the person has
given the chief executive written consent for the request.
(4) The
commissioner of the police service must comply with the request.
(5) However,
the duty to comply applies only to information in the possession of the
commissioner of the police service or to which the commissioner has access.
(6) The chief executive must ensure any information received under this
section— (a) is destroyed as soon as practicable after the information is no
longer needed for the purpose for which it was requested; and
(b) is not used
for any purpose other than the purpose for which it was requested. Example—
Reusing the information for another matter involving the person to which the
information relates.
(7) For subsection (6) (a) , information in an
electronic document may be destroyed in a way that complies with an authority
given by the archivist under the Public Records Act 2002 for the disposal of
public records of the department.
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