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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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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