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TASMANIA
__________
SECURITY AND INVESTIGATIONS AGENTS
AMENDMENT BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A amended (Meaning of "crowd control activities")
6. Sections 3B and 3C substituted
3B. Meaning of "security activities"
3C. Meaning of "commercial agent activities", "crowd
control agent activities" and "security agent
activities"
3D. Meaning of "commercial employee activities",
"crowd control employee activities" and "security
employee activities"
3E. Meaning of "close associate"
7. Sections 4, 4A and 5 substituted
4. Requirement for licence
5. Ineligibility to apply for licence
8. Section 6 amended (Application)
9. Section 7 amended (Character report)
10. Section 8 amended (Grant or refusal of application)
11. Section 9 amended (Competency standards)
12. Section 10 amended (Issue of licence)
[Bill 34]-III
13. Sections 11 and 12 substituted
11. Authority of agent licence
12. Authority of employee licence
14. Section 13 amended (Conditions)
15. Section 14A amended (Amendment of licence)
16. Section 15 amended (Cancellation of licence)
17. Section 16 amended (Suspension of licence)
18. Section 17 amended (Surrender of licence and identity card)
19. Section 18 amended (Death of licensee)
20. Section 19 amended (Duplicate licences and identity cards)
21. Section 20 amended (Register of licences)
22. Section 21 amended (Change of address)
23. Section 21A amended (Employing unlicensed person)
24. Section 23 amended (Fees if not licensed)
25. Section 27 amended (Producing licences and wearing identity
cards and identifying numbers)
26. Section 28 amended (Trust accounts)
27. Section 29 amended (Financial records)
28. Section 30 amended (Audits)
29. Section 31 amended (Reports)
30. Section 35B amended (Register to be maintained by licensee)
31. Section 35C amended (Register to be maintained by crowd
control agent)
32. Section 35D amended (Infringement notices)
33. Section 37 amended (Appeals)
34. Section 38 amended (Investigations)
35. Section 38A amended (Codes of conduct)
36. Section 39 amended (Delegation)
37. Section 40 amended (Evidentiary provisions)
38. Section 41 amended (Exemptions)
39. Section 42 amended (Regulations)
40. Section 43B inserted
2
43B. Savings and transitional provisions relating to
security activities
41. Schedule 3 inserted
Schedule 3 - Savings and Transitional Provisions Relating to
Commercial Sub-agent Activities, Crowd Control
Activities and Security Activities
42. Repeal of Act
3
4
SECURITY AND INVESTIGATIONS AGENTS
AMENDMENT BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
21 September 2010
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Security and Investigations Agents Act
2002
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Security and
Investigations Agents Amendment Act 2010.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 34] 5
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 3
3. Principal Act
In this Act, the Security and Investigations
Agents Act 2002* is referred to as the Principal
Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "Commissioner;" from the
definition of "approved" and substituting
"Director;";
(b) by omitting "Commissioner;" from the
definition of "authorised person" and
substituting "Director;";
(c) by inserting the following definition after
the definition of "authorised person":
"close associate" has the meaning
given by section 3E;
(d) by omitting "operate a commercial
agency;" from the definition of
"commercial agent" and substituting
"undertake commercial agent activities;";
(e) by inserting the following definitions
after the definition of "commercial
agent":
*No. 19 of 2002
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 4
"commercial agent activities" has the
meaning given by section 3C(1);
"commercial employee activities"
has the meaning given by
section 3D(1);
(f) by omitting "undertaking of commercial
sub-agent activities;" from the definition
of "commercial sub-agent" and
substituting "person to undertake
commercial employee activities;";
(g) by omitting the definition of
"Commissioner";
(h) by omitting "operate a crowd control
agency;" from the definition of "crowd
control agent" and substituting
"undertake crowd control agent
activities;";
(i) by inserting the following definitions
after the definition of "crowd control
agent":
"crowd control agent activities" has
the meaning given by
section 3C(2);
"crowd control employee activities"
has the meaning given by
section 3D(2);
(j) by omitting "undertaking of crowd
control activities;" from the definition of
"crowd controller" and substituting
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 4
"person to undertake crowd control
employee activities;";
(k) by inserting the following definition after
the definition of "debtor":
"Director" means the Director of
Consumer Affairs and Fair
Trading appointed under section
9 of the Consumer Affairs Act
1988;
(l) by omitting the definitions of "operate a
commercial agency", "operate a crowd
control agency" and "operate a security
agency";
(m) by inserting "theft or robbery, or any
other offence involving" after
"involving" in paragraph (a) of the
definition of "prescribed offence";
(n) by inserting "assault, or any other
offence involving" after "involving" in
paragraph (b) of the definition of
"prescribed offence";
(o) by inserting the following paragraph after
paragraph (b) in the definition of
"prescribed offence":
(ba) an offence involving abduction,
kidnapping or stalking, whether
committed in the State or
elsewhere; or
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 4
(p) by omitting "Territory of the
Commonwealth;" from paragraph (c) of
the definition of "prescribed offence" and
substituting "Territory;";
(q) by omitting "relating to the possession
and use of a firearm, or any other
weapon, that would disqualify the
applicant from holding a licence under
the Firearms Act 1996;" from paragraph
(d) of the definition of "prescribed
offence" and substituting "involving a
weapon, whether committed in the State
or elsewhere;";
(r) by omitting paragraph (e) from the
definition of "prescribed offence" and
substituting the following paragraph:
(e) an offence under Part 5.3 of the
Criminal Code of the
Commonwealth or a similar
offence under the law of a State
or a Territory or an overseas
jurisdiction;
(s) by omitting "operate a security agency;"
from the definition of "security agent"
and substituting "undertake security
agent activities;";
(t) by inserting the following definitions
after the definition of "security agent":
"security agent activities" has the
meaning given by section 3C(3);
9
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Act No. of
s. 5
"security employee activities" has
the meaning given by
section 3D(3);
(u) by omitting "undertaking of security
guard activities;" from the definition of
"security guard" and substituting "person
to undertake security employee
activities;";
(v) by omitting the definition of "security
guard activities" and substituting the
following definition:
"security activities" has the meaning
given by section 3B;
5. Section 3A amended (Meaning of "crowd control
activities")
Section 3A(1) of the Principal Act is amended
by omitting "if, for monetary or other
consideration," and substituting "if".
6. Sections 3B and 3C substituted
Sections 3B and 3C of the Principal Act are
repealed and the following sections are
substituted:
3B. Meaning of "security activities"
A person undertakes security activities if,
for monetary or other consideration, he
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s. 6
or she does any of the following
activities in the course of carrying on a
business or in the course of his or her
employment:
(a) patrols, protects, watches or
guards property by physical
means with the use of a guard
dog;
(b) patrols, protects, watches or
guards property by physical
means while in possession of a
firearm, within the meaning of
the Firearms Act 1996;
(c) patrols, protects, watches or
guards property by any other
physical or electronic means;
(d) checks or screens persons leaving
property to prevent the unlawful
removal of property;
(e) acts as a bodyguard;
(f) provides training in respect of an
activity referred to in
paragraph (a), (b), (c), (d) or (e).
3C. Meaning of "commercial agent activities",
"crowd control agent activities" and
"security agent activities"
(1) A person undertakes commercial agent
activities if -
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s. 6
(a) the person undertakes any
commercial sub-agent activities
(other than as part of his or her
employment with, or as an agent
or subcontractor of, a commercial
agent); or
(b) the person -
(i) agrees to undertake any
commercial sub-agent
activities for monetary or
other consideration; and
(ii) employs or engages
another person to
undertake those activities
with that person or in that
person's stead.
(2) A person undertakes crowd control agent
activities if -
(a) the person undertakes any crowd
control activities (other than as
part of his or her employment
with, or as an agent or
subcontractor of, a crowd control
agent); or
(b) the person -
(i) agrees to undertake any
crowd control activities
for monetary or other
consideration; and
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Act No. of
s. 6
(ii) employs or engages
another person to
undertake those activities
with that person or in that
person's stead.
(3) A person undertakes security agent
activities if -
(a) the person undertakes any
security activities (other than as
part of his or her employment
with, or as an agent or
subcontractor of, a security
agent); or
(b) the person -
(i) agrees to undertake any
security activities for
monetary or other
consideration; and
(ii) employs or engages
another person to
undertake those activities
with that person or in that
person's stead.
3D. Meaning of "commercial employee
activities", "crowd control employee
activities" and "security employee activities"
(1) A person undertakes commercial
employee activities if the person
undertakes any commercial sub-agent
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Act No. of
s. 6
activities as part of his or her
employment with a commercial agent.
(2) A person undertakes crowd control
employee activities if the person
undertakes any crowd control activities
as part of his or her employment with a
crowd control agent.
(3) A person undertakes security employee
activities if the person undertakes any
security activities as part of his or her
employment with a security agent.
3E. Meaning of "close associate"
(1) In this section -
"relevant financial interest" means -
(a) a share in the capital of a
business; or
(b) an entitlement to receive
income derived from the
business, whether the
entitlement arises at law
or in equity or otherwise;
"relevant position", in relation to a
business, means -
(a) the position of director,
manager, executive
officer or secretary,
however that position is
14
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 6
designated in that
business; or
(b) any other prescribed
position in that business;
"relevant power" means a power,
whether exercisable by voting or
otherwise and whether
exercisable alone or in
association with others, to -
(a) participate in a directorial,
managerial or executive
decision; or
(b) elect or appoint a person
to a relevant position.
(2) A person is a close associate of an
applicant for, or holder of, a licence if the
person -
(a) holds or will hold a relevant
financial interest, or is or will be
entitled to exercise a relevant
power in the business of the
applicant or holder and, by reason
of that relevant financial interest
or relevant power, is or will be
able to exercise a significant
influence over or with respect to
the management or operation of
the business; or
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 7
(b) holds or will hold a relevant
position in the business of the
applicant or holder.
7. Sections 4, 4A and 5 substituted
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.
16
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Act No. of
s. 7
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
17
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Act No. of
s. 7
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
18
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 7
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).
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s. 8
8. Section 6 amended (Application)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner" and substituting
"Director";
(b) by omitting from subsection (2)(b)
"activities" and substituting "activities,
or classes of activities,";
(c) by omitting from subsection (2)(c)
"Commissioner" and substituting
"Director".
9. Section 7 amended (Character report)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner may" and substituting
"Director is to";
(b) by omitting from subsection (1)
"specified in the requirement." and
substituting "directed by the
Commissioner of Police.";
(c) by omitting from subsection (2)
"Commissioner" first occurring and
substituting "Director";
20
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 9
(d) by omitting paragraph (b) from
subsection (2);
(e) by omitting from subsection (3)
"Commissioner" second occurring and
substituting "Director";
(f) by omitting from subsection (3)
"Commissioner" third occurring and
substituting "Director";
(g) by inserting the following subsection
after subsection (4):
(4A) Subject to subsection (5), the
Commissioner of Police may use
any fingerprints or palm prints
obtained from a person under this
section -
(a) for the purpose of
determining the identity
of the person; or
(b) as evidence in any legal
proceedings against the
person.
(h) by omitting from subsection (5)
"Commissioner -" and substituting
"Commissioner of Police -";
(i) by inserting in subsection (5)(a) "of
Police" after "Commissioner";
(j) by inserting in subsection (6) "of Police"
after "Commissioner";
21
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 10
(k) by omitting from subsection (6)(a)
"Commissioner" and substituting
"Director";
(l) by omitting from subsection (7)
"Commissioner," twice occurring and
substituting "Commissioner of Police,";
(m) by inserting in subsection (7) "of Police"
after "enable the Commissioner";
(n) by inserting in subsection (8) "of Police"
after "by the Commissioner";
(o) by inserting in subsection (8) "of Police"
after "and the Commissioner".
10. Section 8 amended (Grant or refusal of application)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner" first occurring and
substituting "Director";
(b) by omitting from subsection (1)(a)
"Commissioner" and substituting
"Director";
(c) by omitting from subsection (2)
"Commissioner" first occurring and
substituting "Director";
(d) by omitting subparagraph (ii) from
subsection (2)(a);
22
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 10
(e) by omitting from subsection (2)(a)(iv)
"convicted" and substituting "found
guilty";
(f) by omitting from subsection (2)(a)(iv)
"offence;" and substituting "offence or
an offence under this Act;";
(g) by inserting the following subparagraph
after subparagraph (iv) in subsection
(2)(a):
(iva) has been found guilty of any
other offence, or a series of other
offences, that, in the opinion of
the Director, makes the applicant
unsuitable to hold a licence; or
(h) by inserting in subsection (2)(a)(v) "any"
after "of";
(i) by omitting from subsection (2)(a)(v)
"activities or security guard activities, is
an undischarged bankrupt or a person
who has made any arrangement with
creditors that have not been completed;
or" and substituting "employee activities
or security employee activities, is
bankrupt or insolvent; or";
(j) by omitting from subsection (2)(a)(vi)
"Commissioner," and substituting
"Director,";
(k) by omitting from subsection (2)(a)(vi)
"activity" and substituting "activities";
23
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 10
(l) by inserting the following subsections
after subsection (2):
(2A) Despite subsection (1) and
(2)(a)(iv), the Director must
refuse to grant an application for
a licence if the applicant is
ineligible under section 5 to apply
for a licence.
(2B) The Director may also refuse to
grant an application for a licence
if satisfied that -
(a) a close associate of the
applicant has been found
guilty of a prescribed
offence or an offence
against this Act; or
(b) a close associate of the
applicant (other than a
close associate of an
applicant for an employee
licence) is bankrupt or
insolvent.
(m) by omitting from subsection (3)
"Commissioner" twice occurring and
substituting "Director";
(n) by omitting from subsection (3)
"relevant." and substituting "relevant,
including, without limitation, criminal
intelligence information.";
24
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 10
(o) by inserting the following subsections
after subsection (3):
(4) The Director, under this or any
other Act or law, is not required
to give reasons for refusing to
grant an application for a licence
to the extent that to do so would
disclose the existence or content
of any criminal intelligence
information.
(5) For the purposes of this section, a
person is bankrupt or insolvent
if -
(a) in the case of an
individual, the individual
is bankrupt, applies to
take the benefit of any
law for the relief of
bankrupt or insolvent
debtors, compounds with
the individual's creditors
or makes an assignment
of the individual's
remuneration or estate for
their benefit; or
(b) in the case of a
corporation within the
meaning of the
Corporations Act, the
corporation is insolvent or
is subject to external
25
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 11
administration under that
Act.
(6) In this section -
"criminal intelligence
information" means
information that relates to
criminal activities and is
obtained by -
(a) the Commissioner of
Police; or
(b) any other person, or body,
responsible for the
enforcement of laws of
the Commonwealth or of
this or any other State or
of a Territory.
11. Section 9 amended (Competency standards)
Section 9 of the Principal Act is amended by
omitting "Commissioner" and substituting
"Director".
12. Section 10 amended (Issue of licence)
Section 10 of the Principal Act is amended as
follows:
26
Security and Investigations Agents Amendment Act 2010
Act No. of
s. 12
(a) by omitting from subsection (1)
"Commissioner" twice occurring and
substituting "Director";
(b) by omitting from subsection (1)(a)
"operation of a commercial agency;" and
substituting "undertaking of commercial
agent activities;";
(c) by omitting from subsection (1)(b)
"operation of a crowd control agency;"
and substituting "undertaking of crowd
control agent activities;";
(d) by omitting from subsection (1)(c)
"operation of a security agency;" and
substituting "undertaking of security
agent activities;";
(e) by omitting from subsection (2)
"Commissioner" twice occurring and
substituting "Director";
(f) by omitting from subsection (2)(a) "sub-
agent" and substituting "employee";
(g) by inserting in subsection (2)(b)
"employee" after "control";
(h) by omitting from subsection (2)(c)
"guard" and substituting "employee";
(i) by inserting the following paragraph after
paragraph (b) in subsection (3):
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 12
(ba) specify the activities, or classes of
activities, that are authorised by
the licence; and
(j) by inserting the following subsections
after subsection (3):
(3A) For the purpose of
subsection (3)(ba), an agent
licence may specify activities, or
classes of activities, in respect of
one or more of the following:
(a) the undertaking of
commercial agent
activities;
(b) the undertaking of crowd
control agent activities;
(c) the undertaking of
security agent activities;
(d) the undertaking of inquiry
agent activities.
(3B) For the purpose of
subsection (3)(ba), an employee
licence may specify activities, or
classes of activities, in respect of
one or more of the following:
(a) the undertaking of
commercial employee
activities;
28
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Act No. of
s. 13
(b) the undertaking of crowd
control employee
activities;
(c) the undertaking of
security employee
activities.
(k) by omitting from subsection (4)
"Commissioner" and substituting
"Director".
13. Sections 11 and 12 substituted
Sections 11 and 12 of the Principal Act are
repealed and the following sections are
substituted:
11. Authority of agent licence
An agent licence authorises the holder to
undertake such activities, or classes of
activities, in respect of one or more of the
following as are specified in the licence:
(a) the undertaking of commercial
agent activities;
(b) the undertaking of crowd control
agent activities;
(c) the undertaking of security agent
activities;
(d) the undertaking of inquiry agent
activities.
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s. 14
12. Authority of employee licence
An employee licence authorises the
holder to undertake such activities, or
classes of activities, in respect of one or
more of the following as are specified in
the licence:
(a) the undertaking of commercial
employee activities;
(b) the undertaking of crowd control
employee activities;
(c) the undertaking of security
employee activities.
14. Section 13 amended (Conditions)
Section 13(3) of the Principal Act is amended by
omitting "Commissioner," and substituting
"Director,".
15. Section 14A amended (Amendment of licence)
Section 14A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner's" and substituting
"Director's";
(b) by omitting from subsection (1)
"Commissioner" and substituting
"Director";
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Act No. of
s. 15
(c) by omitting from subsection (2)(b)
"Commissioner" and substituting
"Director";
(d) by omitting subsection (3) and
substituting the following subsection:
(3) Without limiting the manner in
which a licence may be amended,
it may be amended by adding to
it, or removing from it, the
authority to undertake -
(a) one or more of the
following activities:
(i) commercial agent
activities;
(ii) crowd control
agent activities;
(iii) security agent
activities;
(iv) inquiry agent
activities; or
(b) any activities, or classes
of activities, in respect of
one or more of the
following:
(i) the undertaking of
commercial
employee
activities;
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Act No. of
s. 16
(ii) the undertaking of
crowd control
employee
activities;
(iii) the undertaking of
security employee
activities.
16. Section 15 amended (Cancellation of licence)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner," and substituting
"Director,";
(b) by omitting from subsection (1)(a)
"section 8(2)" and substituting
"section 8(2) or (2B)";
(c) by omitting subsection (2) and
substituting the following subsections:
(2) A licence is cancelled if the
holder of the licence becomes
ineligible under section 5 to apply
for a licence.
(2A) If a court finds the holder of a
licence guilty of an offence under
this Act, the court, in addition to
imposing any penalty, may cancel
the licence.
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s. 17
17. Section 16 amended (Suspension of licence)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner," and substituting
"Director,";
(b) by omitting from subsection (2) "a
prescribed offence or".
18. Section 17 amended (Surrender of licence and
identity card)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"cancelled" and substituting "cancelled
or suspended";
(b) by omitting from subsection (1)
"Commissioner." and substituting
"Director.";
(c) by omitting from subsection (2)
"Commissioner." and substituting
"Director.";
(d) by inserting the following subsection
after subsection (3):
(4) If a person has surrendered his or
her suspended licence and
identity card as required by
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 19
subsection (1), the Director is to
return the licence and identity
card to the person as soon as
practicable after the end of the
period of suspension.
19. Section 18 amended (Death of licensee)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner -" and substituting
"Director -";
(b) by omitting from subsection (3)
"activity" and substituting "activity, or
class of activities,".
20. Section 19 amended (Duplicate licences and identity
cards)
Section 19 of the Principal Act is amended by
omitting "Commissioner" and substituting
"Director".
21. Section 20 amended (Register of licences)
Section 20 of the Principal Act is amended as
follows:
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 22
(a) by omitting from subsection (1)
"Commissioner" twice occurring and
substituting "Director";
(b) by omitting from subsection (2)(g)
"Commissioner" and substituting
"Director";
(c) by omitting from subsection (4)
"Commissioner" twice occurring and
substituting "Director".
22. Section 21 amended (Change of address)
Section 21 of the Principal Act is amended by
omitting "Commissioner" and substituting
"Director".
23. Section 21A amended (Employing unlicensed
person)
Section 21A(1) of the Principal Act is amended
as follows:
(a) by omitting paragraph (a) and
substituting the following paragraph:
(a) employ or engage another person
to undertake any of the following
activities:
(i) commercial agent
activities or commercial
employee activities;
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 24
(ii) crowd control agent
activities or crowd control
employee activities;
(iii) security agent activities or
security employee
activities;
(iv) inquiry agent activities; or
(b) by omitting from paragraph (b)
"activity -" and substituting "activities -
";
(c) by omitting "that activity." and
substituting "those activities.".
24. Section 23 amended (Fees if not licensed)
Section 23 of the Principal Act is amended by
omitting "guard".
25. Section 27 amended (Producing licences and
wearing identity cards and identifying numbers)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "guard"
second occurring;
(b) by omitting from subsection (3)
"Commissioner" and substituting
"Director";
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 26
(c) by omitting from subsection (4)
"Commissioner" and substituting
"Director".
26. Section 28 amended (Trust accounts)
Section 28(3) of the Principal Act is amended as
follows:
(a) by omitting "Commissioner," and
substituting "Director,";
(b) by omitting "Commissioner" second
occurring and substituting "Director".
27. Section 29 amended (Financial records)
Section 29(1) of the Principal Act is amended by
omitting "Commissioner," and substituting
"Director,".
28. Section 30 amended (Audits)
Section 30(2)(b) of the Principal Act is amended
by omitting "Commissioner" and substituting
"Director".
29. Section 31 amended (Reports)
Section 31 of the Principal Act is amended as
follows:
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 30
(a) by omitting from subsection (1)
"Commissioner" and substituting
"Director";
(b) by omitting from subsection (2)(a)
"Commissioner" and substituting
"Director";
(c) by omitting from subsection (3)
"Commissioner" twice occurring and
substituting "Director".
30. Section 35B amended (Register to be maintained by
licensee)
Section 35B(1)(e) of the Principal Act is
amended by omitting "Commissioner" and
substituting "Director".
31. Section 35C amended (Register to be maintained by
crowd control agent)
Section 35C(1)(d) of the Principal Act is
amended by omitting "Commissioner" and
substituting "Director".
32. Section 35D amended (Infringement notices)
Section 35D(1) of the Principal Act is amended
by omitting "Commissioner," twice occurring
and substituting "Director,".
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 33
33. Section 37 amended (Appeals)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner" and substituting
"Director";
(b) by inserting the following subsection
after subsection (3):
(4) In determining an application for
a review under subsection (1), the
Magistrates Court
(Administrative Appeals
Division) -
(a) is to ensure that it does
not, in the reasons for its
decision or otherwise,
disclose the existence or
content of any criminal
intelligence information
as defined in section 8(6);
and
(b) in order to prevent the
disclosure of any such
report or other
information, is to receive
evidence and hear
argument in the absence
of the public, the
applicant for the review
and the applicant's
representative.
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 34
34. Section 38 amended (Investigations)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner" and substituting
"Director";
(b) by omitting from subsection (2)
"Commissioner" and substituting
"Director";
(c) by omitting from subsection (5)(a)
"Commissioner" and substituting
"Director";
(d) by omitting from subsection (5)(b)
"Commissioner" and substituting
"Director";
(e) by omitting from subsection (5)(c)
"Commissioner," and substituting
"Director,";
(f) by omitting from subsection (5)(c)
"Commissioner" second occurring and
substituting "Director";
(g) by omitting from subsection (5)(c)
"Commissioner" third occurring and
substituting "Director";
(h) by omitting from subsection (6)
"Commissioner" and substituting
"Director".
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 35
35. Section 38A amended (Codes of conduct)
Section 38A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Commissioner" first occurring and
substituting "Director";
(b) by omitting from subsection (1)
"Commissioner," and substituting
"Director,";
(c) by omitting from subsection (2)
"Commissioner" and substituting
"Director";
(d) by omitting from subsection (3)
"Commissioner," and substituting
"Director,";
(e) by omitting from subsection (4)
"Commissioner" and substituting
"Director".
36. Section 39 amended (Delegation)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting "Commissioner" and
substituting "Director";
(b) by omitting "Commissioner's" and
substituting "Director's".
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 37
37. Section 40 amended (Evidentiary provisions)
Section 40 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)
"Commissioner" and substituting
"Director";
(b) by omitting from subsection (4)
"Commissioner" and substituting
"Director".
38. Section 41 amended (Exemptions)
Section 41(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)
"Territory of the Commonwealth" and
substituting "Territory";
(b) by omitting from paragraph (b)
"Territory of the Commonwealth" and
substituting "Territory".
39. Section 42 amended (Regulations)
Section 42(3) of the Principal Act is amended by
omitting "Commissioner." and substituting
"Director.".
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 40
40. Section 43B inserted
After section 43A of the Principal Act, the
following section is inserted in Part 4:
43B. Savings and transitional provisions relating
to security activities
The savings and transitional provisions
set out in Schedule 3 have effect.
41. Schedule 3 inserted
After Schedule 2 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 3 - SAVINGS AND TRANSITIONAL
PROVISIONS RELATING TO COMMERCIAL SUB-
AGENT ACTIVITIES, CROWD CONTROL
ACTIVITIES AND SECURITY ACTIVITIES
Section 43B
1. Interpretation
In this Schedule -
"former Act" means this Act as in
force immediately before the day
on which the Security and
Investigations Agents Amendment
Act 2010 commences.
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 41
2. Pending agent licence applications
(1) An application for a licence under the
former Act in respect of the operation of
a commercial agency, within the
meaning of the former Act, is taken to be
an application for a licence in respect of
the undertaking of commercial agent
activities under this Act.
(2) An application for a licence under the
former Act in respect of the operation of
a crowd control agency, within the
meaning of the former Act, is taken to be
an application for a licence in respect of
the undertaking of crowd control agent
activities under this Act.
(3) An application for a licence under the
former Act in respect of the operation of
a security agency, within the meaning of
the former Act, is taken to be an
application for a licence in respect of the
undertaking of security agent activities
under this Act.
3. Pending employee licence applications
(1) An application for a licence under the
former Act in respect of the undertaking
of commercial sub-agent activities,
within the meaning of the former Act, is
taken to be an application for a licence in
respect of the undertaking of commercial
employee activities under this Act.
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 41
(2) An application for a licence under the
former Act in respect of the undertaking
of crowd control activities, within the
meaning of the former Act, is taken to be
an application for a licence in respect of
the undertaking of crowd control
employee activities under this Act.
(3) An application for a licence under the
former Act in respect of the undertaking
of security guard activities, within the
meaning of the former Act, is taken to be
an application for a licence in respect of
the undertaking of security employee
activities under this Act.
4. Existing agent licences
(1) A licence issued under the former Act
authorising the operation of a
commercial agency, within the meaning
of the former Act, is taken to authorise
the undertaking of commercial agent
activities under this Act.
(2) A licence issued under the former Act
authorising the operation of a crowd
control agency, within the meaning of the
former Act, is taken to authorise the
undertaking of crowd control agent
activities under this Act.
(3) A licence issued under the former Act
authorising the operation of a security
agency, within the meaning of the former
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Security and Investigations Agents Amendment Act 2010
Act No. of
s. 42
Act, is taken to authorise the undertaking
of security agent activities under this Act.
5. Existing employee licences
(1) A licence issued under the former Act
authorising the undertaking of
commercial sub-agent activities, within
the meaning of the former Act, is taken
to authorise the undertaking of
commercial employee activities under
this Act.
(2) A licence issued under the former Act
authorising the undertaking of crowd
control activities, within the meaning of
the former Act, is taken to authorise the
undertaking of crowd control employee
activities under this Act.
(3) A licence issued under the former Act
authorising the undertaking of security
guard activities, within the meaning of
the former Act, is taken to authorise the
undertaking of security employee
activities under this Act.
42. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
46 Government Printer, Tasmania