New South Wales Consolidated Acts

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SECURITY INDUSTRY ACT 1997


- As at 30 October 2023 
- Act 157 of 1997 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Carrying on a "security activity"
   5.      Meaning of "close associate"
   6.      Application of Act
   6AA.    Exemptions by Commissioner
   6A.     Application of Commonwealth National Vocational Education and Training Regulator Act 2011

   PART 2 - LICENCES

           Division 1 - Requirement for licence

   7.      Offence of carrying on unauthorised security activities
   8.      Licences do not confer additional powers

           Division 2 - Licence classification

   9.      Classes of licences
   10.     Master licences
   11.     Class 1 licences
   12.     Class 2 licences
           12A, 13. (Repealed)

           Division 3 - Licensing procedures and criteria

   14.     Application for licence
   15.     Restrictions on granting licence--general suitability criteria
   16.     Restrictions on granting licence--criminal and other related history
   16A.    Restrictions on granting licence--conflict of interest for police officers
   16B.    Prohibition from making application for licence
   17.     Renewal of licence
   18.     Investigation of licence and renewal applications
   19.     Applications by serving and former police officers
   20.     Commissioner may require further information
   21.     Grant and conditions of licence and renewal of licence
   21A.    Continuing approved training, assessment and instruction
   22.     Form of licence
   22A.    Special condition for provision of workers--master licences
   23.     Other special conditions--master licences
   23AA.   Special conditions--authority to carry firearms
   23A.    Special conditions--uniforms must be worn when carrying firearms
   23B.    Special conditions--storage of firearms in certain residential premises
           23C, 23D. (Repealed)
   23E.    Special conditions--class 1 licences
   23F.    (Repealed)
   24.     Term of licence
   25.     Suspension of licence
   26.     Revocation of licence
   27.     Variation of licence
   27A.    Provision of approved training, assessment and instruction
   28.     (Repealed)

           Division 4 - Review of licensing decisions

   29.     Right to seek administrative review from Civil and Administrative Tribunal

   PART 3 - MISCELLANEOUS OFFENCES RELATING TO LICENCES

   29A.    (Repealed)
   29B.    Certain licensees must be employed by other licensees or visitor permit holders
   30.     Contravention of licence conditions
   31.     Surrender of suspended or revoked licence
   32.     Advertising
   33.     Misrepresentation and related offences
   34.     Abuse of authority conferred by licence
   35.     Licence to be produced on demand
   36.     Licence to be worn by licensee
   37.     Licensee not to sell or dispose of licence
   38.     Prohibition of delegation of functions
   38A.    Prohibition on unauthorised subcontracting
   38B.    (Repealed)
   38C.    Prescribed work
   39.     Master licensee not to provide unlicensed persons
   39A.    Master licensee to submit any firearms for ballistics tests
   39B.    Master licensee to have "fitness for work" policy

   PART 3A - VISITOR PERMITS

   39C.    Special events
   39D.    Visitor permits
   39E.    Grant and authority conferred by visitor permit
   39F.    Contravention of visitor permit conditions
   39G.    Revocation of visitor permit
   39H.    Visitor permit to be produced on demand

   PART 3B - ENFORCEMENT

           Division 1 - Powers of entry and search of premises

   39I.    Powers of enforcement officers to enter premises without warrant
   39J.    Powers of enforcement officers to enter premises with warrant
   39K.    Powers that can be exercised by enforcement officers on entry
   39L.    (Repealed)
   39M.    Identification of certain enforcement officers

           Division 2 - Power to obtain information or records

   39N.    Application of Division
   39O.    Requirement to provide information and records
   39P.    Provisions relating to requirement under section 39O to furnish records
   39Q.    Power of enforcement officers to require answers and record evidence

           Division 3 - General

   39R.    Provisions relating to requirements to furnish records or information or answer questions

   PART 3C - OTHER OFFENCES

   39S.    Offence of obstructing enforcement officer
   39T.    Offence of failing to comply with requirement of enforcement officer
   39U.    Offence of altering, damaging or destroying records and other things
   39V.    Offence of providing false or misleading information
   39W.    Offence of conspiring to commit offence
   39X.    Offence of inducing commission of offence

   PART 3D - PUBLICATION OF INFORMATION ABOUT OFFENCES

   39Y.    Commissioner may make information publicly available
   39Z.    Information that may be made publicly available
   39ZA.   When information may be made publicly available

   PART 4 - MISCELLANEOUS PROVISIONS

   40.     Power of court to suspend licence
   40A.    Temporary excess provision of services permits
   41.     Payment of fees charged by unauthorised persons
           42, 42A. (Repealed)
   43.     Delegation by Commissioner
   43A.    (Repealed)
   44.     Liability of directors etc for offences by corporation--accessory to the commission of the offences
   44A.    Maximum monetary penalty reduced for master licence class MA or MB
   45.     Proceedings for offences
   45A.    Penalty notices
   46.     Service of documents
   47.     Certificate and other evidence
   48.     Regulations
   49.     (Repealed)
   50.     Repeal of Security (Protection) Industry Act 1985 and Security (Protection) Industry Regulation 1995
   51.     Savings and transitional provisions
   52.     Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2


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