Sections 4 , 4A and 5 of the Principal Act are repealed and the following sections are substituted:

4.     Requirement for licence

(1)  A person must not undertake any commercial agent activities, crowd control agent activities, security agent activities or inquiry agent activities unless the person undertakes those activities under the authority of an agent licence.

Penalty:  In the case of –

(a) a body corporate, 1 000 penalty units; and

(b) a natural person, 200 penalty units.

(2)  A person must not undertake any commercial employee activities, crowd control employee activities or security employee activities unless the person undertakes those activities under the authority of an employee licence.

Penalty:  Fine not exceeding 100 penalty units.

5.     Ineligibility to apply for licence

(1)  In this section –

minor offence means an offence for which a minor penalty has been imposed, being –

(a) an offence referred to in paragraph (a) , (b) or (d) of the definition of "prescribed offence" in section 3 ; or

(b) an offence involving possession of a prohibited plant, prohibited substance or scheduled substance, within the meaning of the Poisons Act 1971 ; or

(c) an offence involving possession of a controlled drug, a controlled plant or a controlled plant product, within the meaning of the Misuse of Drugs Act 2001 ; or

(d) an offence under section 23 of the Misuse of Drugs Act 2001 or a similar offence under the law of another State or a Territory;

minor penalty means –

(a) no penalty; or

(b) a penalty that does not include –

(i) a term of imprisonment; or

(ii) a fine of $500 or more.

(2)  A person is ineligible to apply for a licence if –

(a) the person has been found guilty, in Tasmania or elsewhere, of one or more indictable offences and sentenced to –

(i) imprisonment for a term or terms in the aggregate of 3 years or more; or

(ii) a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order elsewhere; or

(b) the person has been found guilty, in Tasmania or elsewhere, of a prescribed offence other than a minor offence.

(3)  Ineligibility to apply for a licence under subsection (2) extends for a period of 10 years from –

(a) in the case of a person who is sentenced to a term of imprisonment or a period of detention, the completion of the term of imprisonment or period of detention; or

(b) in any other case, the day on which the person is found guilty of the relevant offence.

(4)  A person is ineligible to apply for a licence while a suspension under section 16 is in effect in respect of any licence held by the person.

(5)  A person is ineligible to apply for a licence if the person has not attained the age of 18 years.

(6)  A conviction in respect of which a free pardon has been granted is to be disregarded for the purposes of subsection (2) .

(7)  A person who is on parole is taken to be serving a sentence of imprisonment for the purposes of subsection (3) .