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This is a Bill, not an Act. For current law, see the Acts databases.
SECURITY INDUSTRY BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Security
Industry Bill 2002
Contents
Page
Part 1.1 Court Security Act
2001 32
Part 1.2 Fair Trading (Consumer Affairs) Act
1973 33
Part 1.3 Fair Trading Regulations
1995 33
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Security Industry
Bill 2002
A Bill for
An Act to provide for the licensing and regulation of people in the
security industry, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Security Industry Act 2002.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
Part
2 Interpretation and application of
Act
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act.
For example, the signpost definition ‘employee
licence—see section 13.’ means that the expression
‘employee licence’ is defined in section 13.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
6 Meaning
of security business
A security business is a business in which a person carries
on 1 or more security activities.
7 Carrying
on security activity
(1) For this Act, a person carries on a security activity
if, as part of a business or the person’s employment, the person does 1 or
more of the following:
(a) acts as a bodyguard or crowd controller;
(b) patrols, protects, watches or guards property (including cash in
transit);
(c) installs, maintains, monitors, repairs or services security
equipment;
(d) gives advice in relation to security equipment or security;
(e) carries on an activity in relation to security that is prescribed
under the regulations;
(f) trains or instructs in relation to an activity mentioned in paragraphs
(a) to (e);
(g) employs or provides people to carry on an activity mentioned in
paragraphs (a) to (f).
(2) However, a person does not carry on a security activity
only because the person installs a lock as part of the person’s
occupation as a builder.
(3) Also, a person does not carry on a security activity
only because the person cuts unrestricted keys or sells self-install
security systems.
(4) In this section:
self-install security system means a security system designed
so that it can be installed by an ordinary consumer.
unrestricted key means a key other than a key marked
restricted, patented or trademarked.
8 Meaning
of security equipment
(1) For this Act:
security equipment means any of the following:
(a) a safe or vault;
(b) mechanical, electronic, acoustic or other equipment designed or
adapted to provide or enhance security or for the protection or watching of any
property;
(c) a device or equipment prescribed under the regulations for this
definition.
(2) However, security equipment does not include a device or
equipment declared not to be security equipment under the regulations.
9 Regulations
may exempt people from application of Act
The regulations may exempt people from the application of this
Act.
Division
3.1 Requirement for
licence
10 Offence
of carrying on unauthorised security activity
(1) A person commits an offence if the person—
(a) carries on a security activity; and
(b) does not hold a licence authorising the person to carry on the
activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
Division
3.2 Kinds of
licences
(1) Under this Act, licences are divided into 4 classes: master licences,
employee licences, trainer licences and temporary licences.
(2) Employee licences are further divided into subclasses.
(3) If a person is not eligible for an employee licence, the person may be
eligible for a temporary licence.
Note See s 26 (Temporary licences).
(1) A master licence is a licence that authorises the
licensee to employ or provide people to carry on a security activity.
(2) However, the licensee may only employ or provide a person to carry on
a security activity if the person holds an employee licence, a trainer licence
or temporary licence.
(1) An employee licence is a licence that
authorises the licensee to do 1 or more of the following:
(a) patrol, guard, watch or protect property (including cash in
transit);
(b) act as a bodyguard;
(c) act as a security consultant;
(d) act as a crowd controller;
(e) sell security equipment;
(f) carry out surveys and inspections of security equipment;
(g) give advice about security equipment;
(h) install, maintain, monitor, repair or service security
equipment.
(2) In this section:
security consultant means a person whose function is to
identify and analyse security risks and provide solutions, management strategies
or both to minimise security risks.
(1) A trainer licence is a licence that authorises the
licensee to provide training in relation to security activities.
(2) A trainer licence may relate to particular security
activities, or security activities generally.
(1) A temporary licence is a licence issued under section 26
to someone who is not eligible to hold an employee licence.
(2) A temporary licence authorises an activity that may be
authorised by an employee licence.
16 Licences
do not authorise use of firearm
A licence does not authorise the licensee to use a firearm.
Note Use of firearms is dealt with in the Firearms Act
1996.
Division
3.3 Licence
applications
17 Application
for licence
(1) A person may apply to the commissioner for fair trading for a licence
or for variation of a licence.
Note 1 A fee may be determined under s 50 (Determination of fees)
for this section.
Note 2 If a form is approved under s 51 (Approved forms) for an
application, the form must be used.
(2) The application must be in writing signed by the applicant.
(3) The application must be accompanied by any information prescribed
under the regulations.
(4) An application for an employee licence or trainer licence, or for
variation of such a licence, must state the following:
(a) the licence applied for (including the security activities the licence
is to authorise);
(b) the name and business address of the applicant’s employer or
proposed employer, unless the applicant is self-employed and holds a master
licence.
(5) The applicant must also give the commissioner for fair trading a
consent signed by the applicant for a police officer to make inquiries about any
criminal record of the applicant.
Division
3.4 Information for assessing licence
applications
18 Request
for further information
(1) The commissioner for fair trading may, by written notice given to an
applicant for a licence, or for variation of a licence, require the applicant to
give the commissioner additional stated information or documents that the
commissioner reasonably needs to decide the application.
(2) The commissioner need not decide an application unless the applicant
complies with the requirement.
19 Request
for fingerprints
(1) The commissioner for fair trading may, by written notice given to an
applicant for a licence, or for variation of a licence, require the applicant to
allow a police officer to take the applicant’s fingerprints to confirm the
applicant’s identity.
(2) If the commissioner requires the applicant’s fingerprints to be
taken, the commissioner need not decide the application until the applicant
complies with the requirement.
(3) The commissioner for fair trading may require the applicant’s
fingerprints to be taken only if satisfied that—
(a) there is reasonable doubt about the applicant’s identity;
and
(b) proof of the applicant’s identity cannot be confirmed in any
other way that is reasonably available.
(4) If an applicant allows the applicant’s fingerprints to be taken
because of a requirement under this section, as soon as the fingerprints are no
longer needed to confirm the applicant’s identity for the application, the
commissioner for fair trading must—
(a) ensure that the fingerprints, and any copies of them, are destroyed;
and
(b) tell the applicant in writing about the destruction.
20 Further
information from 3rd parties
(1) This section applies in relation to a person (the 3rd
party) if the commissioner for fair trading is satisfied that the 3rd
party has an association or connection with an applicant for a licence, or for
variation of a licence, that is relevant to the application.
(2) The commissioner for fair trading may, by written notice to the 3rd
party, require the 3rd party to do 1 or more of the following:
(a) provide, in accordance with directions in the notice, stated
information, verified as required by the notice, that is relevant to the
consideration of the application;
(b) produce, in accordance with directions in the notice, stated records
relevant to the consideration of the application and allow examination of the
records, the taking of extracts from them and the making of copies of
them;
(c) authorise a person described in the notice to comply with a stated
requirement of the kind mentioned in paragraph (a) or (b);
(d) give the commissioner for fair trading the authorities and consents
the commissioner asks for to allow the commissioner to obtain information
(including financial and other confidential information) from other people about
the applicant and the applicant’s associates or relatives.
(3) If the commissioner makes a requirement, the commissioner need not
decide the application until the requirement is complied with.
Division
3.5 Suitability and prerequisites for
issuing licences
21 General
suitability criteria
(1) The commissioner for fair trading must not issue or vary a licence
unless—
(a) satisfied that—
(i) the applicant is eligible to hold the licence; and
Note Eligibility for employee and trainer licences is dealt with in
s 24.
(ii) the applicant has satisfactorily completed a training course, or has
experience or other training that is equivalent, or substantially equivalent, to
completion of a training course, prescribed under the regulations for the
licence applied for; and
(iii) it is otherwise in the public interest to license the applicant;
and
(b) the applicant—
(i) if the applicant is an individual—is an adult; and
(ii) has satisfied the competency standards prescribed under the
regulations.
(2) This section is subject to section 26 (Temporary licences).
(3) In this section:
applicant—
(a) for an application for a master licence—includes a close
associate of the applicant; and
(b) if the applicant is a corporation—includes each executive
officer of the corporation; and
(c) if the applicant is a partnership—includes each
partner.
close associate—see section 22.
executive officer, of a corporation, means a person, by
whatever name called and whether or not the person is a director of the
corporation, who is concerned with, or takes part in, the corporation’s
management.
22 Meaning
of close associate for s 21
(1) In section 21:
close associate, of a person (the relevant
person), means—
(a) a person who—
(i) holds or will hold a financial interest, or is or will be entitled to
exercise a relevant power, in the relevant person’s business;
and
(ii) the commissioner for fair trading is satisfied, is or will be able to
exercise a significant influence in relation to the conduct of the business
because of the interest or power; or
(b) a person who holds or will hold an executive office in the relevant
person’s business.
(2) In this section:
executive office, in a business, means a position (however
described) in which the person is concerned with, or takes part in, the
management of the business.
exercise a power includes exercise the power on behalf of
someone else.
financial interest, in relation to a business,
means—
(a) a share in the capital of the business; or
(b) an entitlement to receive income derived from the business, however
the entitlement arises.
hold a position includes hold the position on behalf of
someone else.
power means a power exercisable—
(a) by voting or otherwise; and
(b) alone or with others.
relevant power, in relation to a business, means a
power—
(a) to take part in a directorial, managerial or executive decision for
the business; or
(b) to elect or appoint a person to an executive office in the
business.
(1) In deciding whether it is in the public interest to licence an
applicant, the commissioner for fair trading must consider whether the applicant
has committed a relevant offence.
Note Relevant offence is defined in the dictionary.
(2) The commissioner for fair trading may consider any other relevant
matter to decide whether it is in the public interest to license an
applicant.
Example of another relevant
matter
information collected under s 20
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
24 Eligibility
for employee and trainer licences
A person is eligible to hold an employee or trainer licence only if the
person is an individual who—
(a) is employed by someone who holds a master licence; or
(b) is self-employed and holds a master licence.
Division
3.6 Decisions on
applications
25 Decision
on application for licence other than temporary licence
(1) On application for a licence other than a temporary licence, the
commissioner for fair trading must—
(a) issue the licence; or
(b) refuse to issue the licence.
(2) The commissioner for fair trading may issue the licence subject to
conditions.
(3) The commissioner for fair trading must not issue a licence
unless—
(a) 1 or more classes are endorsed on the licence; and
(b) if the licence is an employee licence—1 or more subclasses are
endorsed on the licence.
(1) This section applies to an applicant if the applicant—
(a) is a trainee; and
(b) is not eligible for a licence only because either or both of the
following apply:
(i) the applicant is not an adult;
(ii) the commissioner is not satisfied under
section 21 (1) (a) (ii) (which deals with approved training
courses or equivalent) in relation to the applicant.
(2) The commissioner for fair trading may issue a temporary licence to the
applicant if satisfied that the applicant will be under the direct supervision
of a licensee authorised to carry on the security activities the temporary
licensee is authorised to carry on.
Note A fee may be determined under s 50 (Determination of fees) for
this section.
(3) The commissioner for fair trading may issue the licence subject to
conditions.
(4) A temporary licence may be issued for up to 1 year.
(5) In this section:
trainee—see the Vocational Education and Training
Act 1995, section 4 (1).
27 Decision
on application for variation
On application for a variation to a licence, the commissioner for fair
trading must—
(a) vary the licence; or
(b) refuse to vary the licence.
Division
3.7 Form and term of
licences
A licence must—
(a) be signed by the licensee; and
(b) state the licence class or, if the licence authorises the licensee to
carry on an activity in more than 1 subclass, each subclass, of licence;
and
(c) have a unique identifying number (the licence number);
and
(d) contain anything else prescribed under the regulations.
A licence is issued for the period (not longer than 1 year) decided by the
commissioner and stated in the licence.
Division
3.8 Suspension and cancellation of
licences
30 Grounds
for disciplinary action
Each of the following are grounds for disciplinary action in
relation to a licence:
(a) the licensee is not eligible to apply for, or be issued with, a
licence of the class the licensee holds;
Example of when licensee no longer
eligible
if the licensee were to apply for the licence the licensee holds, the
licensee would not satisfy the competency standards prescribed under the
regulations for the licence
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(b) the licensee—
(i) supplied information that was false or misleading in a material
particular in, or in relation to, the application for the licence; or
(ii) contravenes this Act, whether or not the licensee has been convicted
of an offence for the contravention; or
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(iii) contravenes a condition of the licence;
(c) the licensee has committed a relevant offence, whether or not the
licensee has been convicted of the offence;
Note Relevant offence is defined in the dictionary.
(d) it is not otherwise in the public interest for the licensee to be
licensed;
(e) another ground prescribed under the regulations.
31 Action
commissioner may take
(1) This section applies if the commissioner for fair trading considers
that grounds for disciplinary action exist, or are likely to exist, in relation
to a licence.
(2) The commissioner for fair trading may apply to the consumer and trader
tribunal for the cancellation or suspension of the licence, or for other
disciplinary action to be taken against the licensee.
32 Action
tribunal may take
(1) On application by the commissioner for fair trading, the consumer and
trader tribunal may cancel or suspend a person’s licence, or take other
disciplinary action against the person.
(2) However, the consumer and trader tribunal must not cancel or suspend a
person’s licence, or take other disciplinary action against the person,
unless satisfied that there are grounds for disciplinary action in relation to
the licence.
(3) A suspension must be for a period less than the remaining period of
the licence.
(4) In this section:
other disciplinary action means disciplinary action, other
than cancellation or suspension, that the consumer and trader tribunal may take
under the Consumer and Trader Tribunal Act 2003.
A suspended licence does not authorise the licensee to carry on a security
activity during the suspension.
(1) The commissioner for fair trading must keep a register of licences
under this Act.
(2) The register must be available for public inspection at reasonable
times.
(1) The register may include information about licences given to the
commissioner for fair trading under this Act and any other information the
commissioner considers appropriate.
(2) The register may be kept in the form of, or as part of, 1 or more
computer databases or in any form the commissioner for fair trading considers
appropriate.
(3) The commissioner for fair trading may correct any mistake, error or
omission in the register subject to the requirements (if any) of the
regulations.
(4) The commissioner may change a detail included in the register to keep
the register up-to-date.
(5) This section does not limit the functions of the commissioner for fair
trading in relation to the register.
Division
3.10 Review of
decisions
Each of the following is a reviewable decision:
(a) a decision under section 25 to issue a licence other than a temporary
licence subject to conditions;
(b) a decision under section 25 to refuse to issue a licence other than a
temporary licence;
(c) a decision under section 26 to issue a temporary licence subject to
conditions;
(d) a decision under section 26 to refuse to issue a temporary
licence;
(e) a decision under section 27 to refuse to vary a licence.
37 Consumer
and trader tribunal to review
The consumer and trader tribunal must review a reviewable decision on
application by the person who made the application the decision relates
to.
38 Contravention
of licence conditions
(1) A licensee commits an offence if the licensee contravenes a condition
of the licence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
39 Return
etc of licences varied, suspended or cancelled
(1) This section applies to a person whose licence is varied, suspended or
cancelled under this Act.
(2) The person commits an offence if the person fails to return the
licence to the commissioner for fair trading as soon as practicable (but within
5 business days) after the variation, suspension or cancellation takes
effect.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) If a licence is varied, the commissioner for fair trading must give
the person a varied licence, showing the variation, for the remainder of the
period of the licence to which the variation relates.
(1) A person commits an offence if—
(a) the person advertises that the person carries on, or is willing to
carry on, a security activity; and
(b) either—
(i) the person is not the holder of a licence that authorises the person
to carry on the security activity mentioned in the advertisement; or
(ii) the advertisement does not include the person’s licence
number.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
advertisement includes a business card, brochure, newsletter
or form.
41 Licence
to be produced on request
(1) A licensee commits an offence if—
(a) the licensee is asked to produce the licensee’s licence for
inspection by—
(i) a police officer; or
(ii) an investigator; or
(iii) anyone with whom the licensee has dealings when carrying on a
security activity; and
(b) the licensee does not produce the licence for inspection.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
investigator—see the Fair Trading (Consumer Affairs)
Act 1973, section 2 (Definitions for Act).
42 Licence
to be worn by licensee
(1) A person who holds an employee licence commits an offence if the
person—
(a) carries on a security activity; and
(b) does not wear the licence so the licence number is clearly
visible.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) On application, the commissioner for fair trading may, in writing,
exempt a licensee from subsection (1) if satisfied that it is appropriate to do
so because of the special nature of the licensee’s functions.
43 Licensee
not to dispose of licence etc
(1) A licensee commits an offence if the licensee—
(a) gives the licence, temporarily or permanently, to anyone; or
(b) allows anyone else to use the licence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply if the licensee gives the licence to the
commissioner for fair trading.
44 Prohibition
on delegation etc of functions
(1) A licensee commits an offence if the licensee—
(a) either—
(i) delegates the carrying on of a security activity to a person;
or
(ii) purports to authorise a person to carry on a security activity;
and
(b) the delegate or person authorised is not licensed to carry on the
security activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
45 Master
licensee not to employ unlicensed people
(1) A person who holds a master licence commits an offence
if—
(a) the person employs a person to carry on a security activity;
and
(b) the employee is not licensed to carry on the security
activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
Part
5 Miscellaneous
provisions
46 Directions
to master licensees about insurance etc
(1) The Minister may give written directions to master licensees about the
taking out of insurance, or the adoption of risk management plans.
(2) A direction is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
47 Licensee
to keep commissioner informed
(1) A licensee commits an offence if—
(a) a detail included in the licence, or in the application for the
licence, changes; and
(b) the licensee does not tell the commissioner for fair trading about the
change as soon as practicable after the licensee becomes aware of the
change.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability
offence.
48 Fees
charged by unlicensed people
(1) A person is not entitled to charge a fee in relation to a security
activity unless the person is, or was, authorised to carry on the activity by a
licence.
(2) If a person charges a fee in contravention of this section, the fee
cannot be sued for, recovered or kept by the person.
49 Certificates
as evidence
(1) This section applies to a certificate signed by the commissioner for
fair trading (or by a person holding an office prescribed by the regulations)
certifying any of the following:
(a) that a stated person was or was not, on a stated day or during a
stated period, the holder of a licence;
(b) that a licence was or was not, on a stated day or during a stated
period, subject to stated conditions.
(2) The certificate is admissible in any proceeding under this Act and is
evidence of the matters stated in it.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The commissioner for fair trading may, in writing, approve forms for
this Act.
(2) If the commissioner for fair trading approves a form for a particular
purpose, the approved form must be used for that purpose.
Note For other provisions about forms, see Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) The regulations may make provision in relation to the
following:
(a) the keeping by the commissioner for fair trading of a register of
licences and the particulars to be included in the register;
(b) the accreditation of trainers and instructors to conduct training
courses prescribed under the regulations;
(c) security equipment;
(d) methods and practices in relation to the security industry, including,
for example, the following:
(i) the carrying or display, by licensees, of means of identification and
the production or surrender of that identification; and
(ii) the wearing by licensees of uniforms, and the kinds of uniforms;
and
(iii) the markings that may be made on, and the design of any features of,
a vehicle used by any person in or in relation to the carrying on of a security
activity; and
(iv) the preparation, keeping and maintenance, by licensees, of records
and accounts, and the audit of accounts, in relation to the carrying on by the
licensee of any business requiring a licence and the production and inspection
of the records and accounts;
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(e) the procedure relating to applications for licences;
(f) any matter relating to licences, including the details to be included
on licences and notification by licensee of any change in the details;
(g) requiring holders of master licences to obtain stated insurance in
relation to their security business.
(3) The regulations may prescribe standards, or adopt or incorporate
standards as in force from time to time, in relation to the security industry,
including in relation to the following:
(a) agreements for service in the security industry;
(b) service quality;
(c) confidentiality of personal information;
(d) equipment standards;
(e) advertising;
(f) marketing practices;
(g) reports about security incidents in relation to licensees.
(4) The regulations may prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than 20 penalty
units for offences against the regulations.
53 Consequential
amendments—sch 1
Schedule 1 amends the Act and regulations mentioned in it.
Part
6 Transitional
provisions
In this part:
ACI code means the Access Control Industry Code of
Practice under the Fair Trading Act 1992, as in force immediately
before commencement day.
BI code means the Bodyguard Industry Code of Practice
under the Fair Trading Act 1992, as in force immediately before
commencement day.
CMI code means the Crowd Marshals Industry Code of
Practice under the Fair Trading Act 1992, as in force immediately
before commencement day.
code means any of the following codes:
• the ACI code;
• the BI code;
• the CMI code;
• the CTI code;
• the GPSI code.
CTI code means the Cash Transit Industry Code of Practice
under the Fair Trading Act 1992, as in force immediately before
commencement day.
commencement day means the day section 7 (Carrying on
security activity) commences.
GPSI code means the Guard and Patrol Services Industry
Code of Practice under the Fair Trading Act 1992, as in force
immediately before commencement day.
(1) This section applies to a principal if, immediately before
commencement day, the principal was registered under a code, clause 5
(Principal’s obligations).
(2) The principal is taken to hold a master licence under this
Act.
(3) The licence ends, unless it is renewed, when the principal’s
registration under the relevant code would have ended if the code had not been
repealed.
(4) In this section:
principal means the principal under the relevant code, clause
2 (Interpretation).
(1) This section applies to a person if immediately before commencement
day, the person was registered under the ACI code, clause 10 (Staff).
(2) The person is taken to hold an employee licence that authorises the
person to do the following:
(a) act as a security consultant;
(b) sell security equipment;
(c) carry out surveys and inspections of security equipment;
(d) give advice about security equipment;
(e) install, maintain, monitor, repair and service security
equipment.
(1) This section applies to a person if, immediately before commencement
day, the person was registered under the BI code, clause 10 (Staff).
(2) The person is taken to hold an employee licence that authorises the
person to act as a bodyguard.
(1) This section applies to a person if immediately before commencement
day, the person was registered under the CMI code, clause 10 (Staff).
(2) The person is taken to hold an employee licence that authorises the
person to act as a crowd controller.
59 CTI
code, GPSI code—employee
(1) This section applies to a person if immediately before commencement
day, the person was registered under the CTI code, clause 10 (Staff) or the GPSI
code, clause 10 (Staff).
(2) The person is taken to hold an employee licence that authorises the
person to patrol, guard, watch or protect property (including cash in
transit).
60 People
taken to be licensed under pt 6
(1) This section applies to a licence (the registration
licence) if a person is taken to be licensed under this part.
(2) The registration licence ends when the person’s registration
under the relevant code would have ended if the code had not been
repealed.
(3) However, if the person applies for a licence of the same class and, if
applicable, subclass as the registration licence not later than 1 month after
the registration licence ends, the person is taken to have satisfied the
requirement under section 21 (1) (a) (ii) (which is about the completion of a
training course prescribed under the regulations or the equivalent).
(4) Subsection (3) only applies to the issue to the person of the 1st
licence under this Act after the registration licence.
61 Modification
of pt 6’s operation
(1) The regulations may modify the operation of this part to make
provision in relation to any matter that is not already, or is not (in the
Executive’s opinion) adequately, dealt with in this part.
(2) This section expires 1 year after it commences.
This part expires 3 years after it commences.
Note Transitional provisions are usually of transitional effect.
They are kept with the original provisions for a limited time to ensure people
are aware of them. However, the expiry of transitional provisions does not end
their effect (see Legislation Act, s 88).
Schedule
1 Consequential
amendments
(see s 53)
Part
1.1 Court Security Act
2001
substitute
(a) holds a security licence; and
[1.2] Section
16 (3) (a) and (b)
substitute
(a) the person ceases to hold a security licence; or
(b) the person is not employed by a person holding a master licence under
the Security Industry Act 2002; or
substitute
(4) In this section:
security licence means a licence under the Security
Industry Act 2002 that authorises the licensee to patrol, protect, watch or
guard property (including cash in transit), whether or not it authorises the
licensee to do anything else.
Part
1.2 Fair Trading (Consumer Affairs)
Act 1973
insert
(3) A complaint mentioned in subsection (1) (a) may, but need not, relate
to goods or services to which the Security Industry Act 2002
applies.
[1.5] Section
8A, definition of fair trading legislation, paragraph
(b)
substitute
(b) the Fair Trading (Consumer Affairs) Act 1973; or
(c) the Security Industry Act 2002.
Part
1.3 Fair Trading Regulations
1995
substitute
(1) For the Act, section 34 (Regulations—codes of practice), the
following approved codes of practice are prescribed:
(a) the Fitness Industry Code of Practice;
(b) the Motor Vehicle Service and Repair Industry Code of
Practice;
(c) the Retirement Villages Industry Code of Practice.
substitute
5 Approved codes of
practice—amendments
(1) For the Act, section 35 (Codes of practice—amendment), the
Fitness Industry Code of Practice is amended in accordance with the approved
Fitness Industry Code of Practice Amendment (No. 1 of 1999).
(2) The amendment is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• contravene
• exercise
• found guilty
• function
• police officer.
close associate—see section 22.
employee licence—see section 13.
grounds for disciplinary action, in relation
to a licence—see section 30.
licence means a licence under this Act.
licence number—see section 28 (c).
licensee means the holder of a licence.
master licence—see section 12.
property includes money and other valuables.
relevant offence means an offence against—
(a) this Act; or
(b) any of the following Acts:
(i) the Criminal Code;
(ii) the Crimes Act 1900;
(iii) the Firearms Act 1996;
(iv) the Crimes Act 1914 (Cwlth); or
(c) a law of the Commonwealth or a State corresponding, or substantially
corresponding, to this Act or an Act mentioned in paragraph (b).
reviewable decision—see section 36.
security activity—see section 7.
security business—see section 6.
security equipment—see section 8.
temporary licence—see section 15.
trainer licence—see section 14.
variation, of a licence, means variation of the kind of
security activity authorised by the licence.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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