You are unable to get a licence if you:
- are not 18 years or older
- have been sentenced to a term of imprisonment of 3 years or more
- have been admitted to and detained in a secure mental health unit for more than 3 years
- you have been found guilty, in Tasmania or elsewhere, of a prescribed offence other than a minor offence
- are a person who is on parole
- have been suspended under Section 16 of the Security and Investigations Agents Act 2002 (the Act). A licence can be suspended for a period 90 days (maximum) if the Director of Consumer Affairs and Fair Trading is satisfied it is in the public interest to do so. If a court convicts you of an offence under the Act, the court may also impose a penalty as well as suspending the licence.
You are unable to apply for a licence for a period of 10 years from:
- the completion of the term of imprisonment, or period of detention or
- the day you are found guilty of the relevant offence.
A prescribed offence is an offence committed in Tasmania or elsewhere involving:
- theft, robbery or any other offence involving dishonesty
- assault or any other offence involving violence
- abduction, kidnapping or stalking
- a weapon
- terrorism as defined in Part 5.3 of the Criminal Code of the Commonwealth.
A minor offence where a minor penalty has been imposed means an offence in relation to:
- dishonesty, violence or involving a weapon
- a prohibited plant, substance or scheduled substance (Poisons Act 1971)
- a controlled drug, plant or plant product, possession of a drug utensil or appliance (Misuse of Drugs Act 2001)
- possession of a drug utensil or appliance (Misuse of Drugs Act 2001).
Minor penalty means:
- no penalty is imposed or
- a penalty:
- that does not include a term of imprisonment or
- a fine of $500 or more
The following are examples of prescribed offences which will disqualify an applicant for a new licence or re-applying for an existing licence
IMPORTANT: The application process requires you to consent to Consumer, Building and Occupational Services getting information from the Commissioner of Police, including your national police record. If you do not disclose your previous offences, your application may be rejected and you may also be charged with providing false and misleading information.
- If your licence is to be refused you will receive a letter from Consumer, Building and Occupational Services explaining the decision.
- The letter will ask you to respond in writing within 28 days.
- A final decision will then be made and provided to you in writing.
- If your application has been refused you can apply to the Magistrates Court of Tasmania (Administrative Appeals Division) for a review of the decision.
- There is no refund if your application is withdrawn or refused.