A/HRC/33/43 84. In New Zealand, the licensing authority is also in charge of the discipline of the licensees and certificate holders. A complaint can be filed with the authority against a licensee or a certificate holder, on at least one ground for disqualification or cancellation. This may apply if the licensee or certificate holder has contravened any provision of the relevant act or regulations, or if he/she has been guilty of misconduct or gross negligence, if a false statement was made in the application or if he/she has failed to meet one of the responsibilities stipulated in the act.131 85. The authority will consider the complaint and, if it decides to investigate, may refer the complaint to the police or to the Complaints, Investigation and Prosecution Unit. 132 The authority may take interim action and suspend a licence or certificate if this is in the interest of the public and if further loss or damages may be caused if the licence/certificate is not suspended.133 A disciplinary hearing will be held and, if the authority is satisfied that the grounds of the complaint have been proved, it may cancel the licence or take other measures that it deems appropriate, such as suspending the licence, requiring training, stipulating additional conditions for the licence, levying a fine or issuing a reprimand.134 The licence or certificate may be cancelled by the authority on mandatory grounds, if at any time a ground for disqualification applies or if the licence was issued by mistake or by reason of fraud on the part of the applicant,135 or on discretionary grounds.136 86. In Papua New Guinea, the relevant law also provides for a Board of Complaints, which shall inquire into any complaints against a licensee.137 The act also provides for disciplinary actions against a licensee for improper conduct, which may be initiated by the authority itself or any other person and will be decided upon by the Board. 138 The Board may impose penalties, such as a reprimand, the suspension or cancellation of the licence or the permit, or attributing disciplinary points against the licensee.139 87. The legislation of Nauru contains no provisions with regard to accountability and reporting; the only criminal offences are those that the law relates to the conduct of security activity without a licence or those not in compliance with the licence.140 Ratification of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries 88. Australia, Nauru, Papua New Guinea and the United States have not ratified the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. New Zealand and Australia are the only countries that have enacted national laws relating to mercenary activities. With the exception of Papua New Guinea and the United States, all other States have ratified Protocol I Additional to the Geneva Conventions of 12 August 1949. 131 132 133 134 135 136 137 138 139 140 20 Private Security Personnel and Private Investigators Act 2010, sections 73 and 74. Ibid., section 75. Ibid., section 76. Ibid., section 78. Ibid., sections 79 and 82. Ibid., sections 80 and 83. Security (Protection) Industry Act 2004, sections 57 ff. Ibid., sections 53 ff. Ibid., section 61. Private Security Act 2012, sections 24-29.