Clause 17

where the applicant or licensee is a partnership — a partner of the partnership; (b)where the applicant or licensee is an unincorporated association — a member of the governing body of the unincorporated association; and (c)where the applicant or licensee is a company or other body corporate — a director of the company or an officer holding a managerial or similar executive position in the body corporate.Licence required to carry on business of providing alarm monitoring services 22H.—

A person must not carry on a business of providing alarm monitoring services at a building to be used as an alarm monitoring station unless the person is authorised to do so at that building by a licence under section 22J.(2) A person must not advertise or otherwise hold out that the person is carrying on a business of providing alarm monitoring services at a building to be used as an alarm monitoring station unless the person is authorised to carry on such a business at that building by a licence under section 22J.(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.Application for grant or renewal of licence22I.—

An application for the grant or renewal of a licence must be —

made to the licensing officer in the form or manner that the licensing officer requires; and

accompanied by —

the particulars, information and documents that the licensing officer requires; and

the prescribed fee, if any.(2) If a person intends to carry on the business of providing alarm monitoring services at more than one alarm monitoring station, a separate application must be made in respect of each alarm monitoring station.(3) The licensing officer may, in order to properly consider an application under subsection (1), request the applicant to provide, within a specified time, any additional information. (4) The licensing officer may refuse to consider an application relating to a proposed alarm monitoring service in the following circumstances:

the application is incomplete or otherwise not made in accordance with this section; (b)in the case of an application for the grant of a licence, the alarm monitoring system provided or to be provided by the applicant cannot be connected, or be converted to be connected, to the alarm monitoring network kept by the Force; (c)in the case of an application to renew a licence, the application is submitted less than 2 months before the expiry of the licence.Grant of licence22J.—

After considering an application for the grant or renewal of a licence, the licensing officer may —

grant the licence to carry on a business of providing alarm monitoring services, specifying the alarm monitoring station from which the service is or is to be carried out (called in this Part the licensed alarm monitoring station); or

refuse the application.(2) A person may be granted more than one licence.(3) The licensing officer may refuse to grant or renew a licence if any of the following applies:

the building specified in the application to be used as an alarm monitoring station is not suitable to be used as such;

the applicant is not a fit and proper person to hold a licence;

it is not in the public interest to grant the licence.(4) For the purposes of determining whether a person is a fit and proper person to hold a licence under subsection (3)(b), the licensing officer may consider such criteria and requirements as may be prescribed, including criteria and requirements relating to —

any responsible officer of the applicant;

any person having substantial interest in, or control or direction over, the business of the applicant; or

any person having control of or direction over the applicant’s operations at the building to be used as an alarm monitoring station.(5) Any person whose application for the grant or renewal of a licence is refused may, within 14 days after being notified in writing of the refusal, appeal to the Minister.Licence conditions 22K. In granting a licence, the licensing officer may impose conditions, which may include conditions —

relating to the operational and technical requirements for the licensed alarm monitoring station; and

requiring the licensee to establish a communication link from the alarm monitoring system used in the licensed alarm monitoring station to the alarm monitoring network kept by the Force, in the manner specified.Modifying conditions of licence22L.—

The licensing officer may, in accordance with this section, modify the conditions of a licence without compensating the licensee to whom the licence is granted.(2) Before modifying any conditions of a licence, the licensing officer must give notice to the licensee concerned —

stating the modification that the licensing officer proposes to make; and (b)specifying the time within which the licensee may make written representations to the licensing officer with respect to the proposed modification. (3) The time specified by the licensing officer in the notice given under subsection (2) must not be less than 14 days after the date of the notice.(4) Despite subsection (3), the licensing officer may specify a time, being less than 14 days after the date of the notice mentioned in subsection (2), if the licensing officer is of the opinion that it is in the public interest for the licence conditions to be modified as soon as possible.(5) On receipt of any written representation made in accordance with this section by the licensee concerned, the licensing officer must consider that representation and may —

reject the representation; (b)amend the proposed modification in the manner that the licensing officer thinks fit having regard to the representation; or (c)withdraw the proposed modification. (6) Where —

the licensing officer rejects any written representation under subsection (5)(a); (b)the licensing officer amends any proposed modification to the conditions of the licence under subsection (5)(b); or (c)no written representation is received by the licensing officer within the time specified by the licensing officer, or any written representation made by the licensee is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the licensing officer must give a direction to the licensee requiring the licensee (within the time specified in the direction) to give effect to the modification as specified in the notice given under subsection (2), or as amended by the licensing officer, as the case may be. (7) Where the licensing officer has given a direction mentioned in subsection (6) to a licensee, the licensee may, within 14 days after the date of the direction, appeal in writing to the Minister against the direction. (8) The direction mentioned in subsection (6) takes effect on the date specified in the direction despite an appeal being made to the Minister.(9) In this section, “modification” and “modify”, in relation to the conditions of a licence, include deleting, or varying and substituting a condition, and adding a condition.Failure to verify fire, etc., before cancelling request 22M.—

Where a request is made to the Commissioner to extinguish a fire or protect life and property from a fire, or to contain or mitigate the escape of any petroleum or flammable material, at any building, the licensee providing alarm monitoring services for the building must take all reasonable steps to ascertain that there is no fire or escape of petroleum or flammable material (as the case may be) at the building before cancelling the request.(2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.(3) In this section, “request” includes the transmission, on a communication link, of a signal from an alarm system to the alarm monitoring network kept by the Force.Revocation of licence22N.—

The licensing officer may revoke a licence if the licensing officer is satisfied that —

the licensee has contravened any condition of the licence;

the licence had been obtained by fraud or misrepresentation;

a circumstance that the licensing officer becomes aware of would have required or permitted the licensing officer to refuse to grant or renew the licensee’s licence, had the licensing officer been aware of the circumstance immediately before the licence was granted or renewed;

the licensee has ceased to carry on the business of providing alarm monitoring services in respect of which the licence is granted;

the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

the licensee is contravening, or has contravened, any requirement of this Act;

the licensee has been convicted of any offence under this Act;

the licensee is no longer a fit and proper person to continue to hold the licence; or

it is in the public interest to do so.(2) Before revoking the licence, the licensing officer must give notice to the licensee concerned —

stating that the licensing officer intends to revoke the licence; and (b)specifying the time within which written representations may be made to the licensing officer. (3) The time specified by the licensing officer in the notice given under subsection (2) must not be less than 14 days after the date of the notice. (4) Despite subsection (3), the licensing officer may specify a time, being less than 14 days after the date of the notice mentioned in subsection (2), if the licensing officer is of the opinion that it is in the public interest for the licence to be revoked as soon as possible.(5) The licensing officer may, after considering any written representation made by the licensee concerned, revoke the licence and notify the licensee of the revocation. (6) The licensing officer must provide the licensee with the grounds of revocation of the licence, in writing, within 7 days after being so required by the licensee. (7) Any person who is aggrieved by the revocation of the person’s licence may appeal to the Minister —

within 14 days after being notified of the revocation; or (b)if, within the period mentioned in paragraph (a), the person requires the licensing officer to provide the grounds of revocation — within 14 days after being provided with the grounds of revocation. (8) A decision of the licensing officer to revoke the licence takes effect despite an appeal against that decision being made to the Minister.”.