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TASMANIA
__________
SECURITY AND INVESTIGATIONS AGENTS
AMENDMENT (CROWD CONTROLLERS) BILL
2005
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - SECURITY AND INVESTIGATIONS AGENTS ACT 2002
AMENDED
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Sections 3A, 3B and 3C inserted
3A. Meaning of "crowd control activities"
3B. Meaning of "security guard activities"
3C. Meaning of "operate a commercial agency", "operate
a crowd control agency" and "operate a security
agency"
7. Section 4 substituted
4. Acting as commercial agent, crowd control agent,
security agent or inquiry agent without licence
4A. Acting as commercial sub-agent, crowd controller or
security guard without licence
8. Section 5 amended (Ineligibility to apply for licence)
9. Section 6 amended (Application)
[Bill 75]-X
10. Section 7 substituted
7. Character report
11. Section 8 amended (Grant or refusal of application)
12. Sections 10, 11 and 12 substituted
10. Issue of licence
11. Authority of agent licence
12. Authority of employee licence
13. Section 13 amended (Conditions)
14. Section 14A inserted
14A. Amendment of licence
15. Section 15 amended (Cancellation of licence)
16. Section 16 amended (Suspension of licence)
17. Section 17 amended (Surrender of licence and identity card)
18. Section 20 amended (Register of licences)
19. Section 21A inserted
21A. Employing unlicensed person
20. Section 23 amended (Fees if not licensed)
21. Section 24 substituted
24. Advertising
22. Section 25 amended (Display of notice)
23. Section 26 amended (Use of licence, identity card or identifying
number by others)
24. Section 27 amended (Producing licences and wearing identity
cards and identifying numbers)
25. Sections 27A, 27B, 27C and 27D inserted
27A. Defacing or altering licence, identity card or
identifying number
27B. Stating name, &c., to police officer or authorised
person
27C. Undertaking licence activity while intoxicated
27D. False or misleading information
26. Section 28 amended (Trust accounts)
27. Section 32 amended (Records)
28. Section 33 amended (Possession of motor vehicles)
29. Section 34 amended (Place of business)
2
30. Section 35 amended (Recovery of money)
31. Part 3, Division 3 inserted
Division 3 - Crowd control
35A. Identifying number
35B. Register to be maintained by licensee
35C. Register to be maintained by crowd control agent
35D. Service of infringement notices
35E. Form of infringement notices
35F. Acceptance of infringement notices
35G. Extension of acceptance periods
35H. Payment
35I. Effect of acceptance
35J. Withdrawal of infringement notices
35K. Certain evidence not admissible
35L. Penalties to be paid into Consolidated Fund
32. Section 38 amended (Investigations)
33. Section 38A inserted
38A. Codes of conduct
34. Section 40 amended (Evidentiary provisions)
35. Section 41 amended (Exemptions)
36. Section 43A inserted
43A. Savings and transitional provisions relating to crowd
control
37. Schedule 2 inserted
SCHEDULE 2 - SAVINGS AND TRANSITIONAL
PROVISIONS RELATING TO CROWD
CONTROL
PART 3 - ANNULLED CONVICTIONS ACT 2003 AMENDED
38. Principal Act
39. Schedule 1 amended (Non-exempt applications)
PART 4 - FIREARMS ACT 1996 AMENDED
40. Principal Act
41. Section 3 amended (Interpretation)
PART 5 - JUSTICES ACT 1959 AMENDED
42. Principal Act
43. Section 106A amended (Interpretation of Part XA)
3
PART 6 - LEGISLATION REPEALED, RESCINDED AND REVOKED
44. Legislation repealed
45. Legislation rescinded
46. Legislation revoked
SCHEDULE 1 - LEGISLATION REPEALED
SCHEDULE 2 - LEGISLATION RESCINDED
SCHEDULE 3 - LEGISLATION REVOKED
4
SECURITY AND INVESTIGATIONS AGENTS
AMENDMENT (CROWD CONTROLLERS) BILL
2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Security and Investigations Agents Act
2002, to repeal the Crowd Controllers Act 1999 and to
consequentially amend certain Acts and revoke or rescind
certain statutory rules
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Security and
Investigations Agents Amendment (Crowd
Controllers) Act 2005.
2. Commencement
This Act commences on 1 January 2006.
[Bill 75] 5
s. 3 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
PART 2 - SECURITY AND INVESTIGATIONS
AGENTS ACT 2002 AMENDED
3. Principal Act
In this Part, the Security and Investigations
Agents Act 2002* is referred to as the Principal
Act.
4. Long title amended
The long title of the Principal Act is amended by
omitting "and investigations agents" and
substituting "agents, commercial agents,
inquiry agents and crowd control agents and
certain employees of such agents and for
related purposes".
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "agent
licence" and substituting the following
definition:
"agent licence" means an agent
licence issued under
section 10(1);
(b) by omitting the definitions of
"commercial agent" and "commercial
*No. 19 of 2002
6
2005 Security and Investigations Agents No. s. 5
Amendment (Crowd Controllers)
sub-agent" and substituting the following
definitions:
"code of conduct" means a code of
conduct issued under
section 38A;
"commercial agent" means a person
who holds an agent licence
authorising the person to operate
a commercial agency;
"commercial sub-agent" means a
person who holds an employee
licence authorising the
undertaking of commercial sub-
agent activities;
"commercial sub-agent activities"
means the doing of any one or
more of the following activities
for monetary or other
consideration:
(a) ascertaining the
whereabouts of, or
repossessing, a good or
chattel that is the subject
of a security interest;
(b) collecting or requesting
the payment of a debt;
(c) executing legal process
for the enforcement of a
judgment or order of a
court;
(d) levying distress;
7
s. 5 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(e) any other prescribed
activity;
(c) by inserting the following definitions
after the definition of "creditor":
"crowd control activities" has the
meaning given by section 3A;
"crowd control agent" means a
person who holds an agent
licence authorising the person to
operate a crowd control agency;
"crowd controller" means a person
who holds an employee licence
authorising the undertaking of
crowd control activities;
(d) by omitting the definition of "employee
licence" and substituting the following
definition:
"employee licence" means an
employee licence issued under
section 10(2);
(e) by inserting the following definition after
the definition of "harassment":
"identifying number" means the
unique identifying number issued
to a crowd control agent or crowd
controller under section 35A;
(f) by omitting the definitions of "inquiry
agent" and "licence" and substituting the
following definitions:
8
2005 Security and Investigations Agents No. s. 5
Amendment (Crowd Controllers)
"infringement offence" means an
offence against this Act or the
regulations that is prescribed by
the regulations to be an
infringement offence;
"inquiry agent" means a person who
holds an agent licence authorising
the person to undertake inquiry
agent activities;
"inquiry agent activities" means the
doing of any one or more of the
following activities for monetary
or other consideration and on
behalf of another person:
(a) obtaining or providing
information with respect
to -
(i) the personal
character or
actions of any
person; or
(ii) the business or
occupation of any
person;
(b) obtaining evidence for the
purpose of legal
proceedings;
(c) searching for missing
persons;
(d) any other prescribed
activity;
9
s. 5 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
"licence" means an agent licence or an
employee licence;
"licensed premises" has the same
meaning as in the Liquor
Licensing Act 1990;
"licensee" has the same meaning as in
the Liquor Licensing Act 1990;
(g) by inserting the following definitions
after the definition of "officer":
"operate a commercial agency" has
the meaning given by
section 3C(1);
"operate a crowd control agency"
has the meaning given by
section 3C(2);
"operate a security agency" has the
meaning given by section 3C(3);
(h) by inserting the following definition after
the definition of "place of business":
"police officer" includes a trainee
police officer, and junior
constable, within the meaning of
the Police Service Act 2003;
(i) by omitting paragraph (c) from the
definition of "prescribed offence" and
substituting the following paragraph:
(c) an offence under the Poisons Act
1971 or Misuse of Drugs Act
2001, or a similar offence under
the law of another State or a
10
2005 Security and Investigations Agents No. s. 6
Amendment (Crowd Controllers)
Territory of the Commonwealth;
or
(j) by omitting the definitions of "register",
"security agent" and "security guard" and
substituting the following definitions:
"register of licences" means the
register of licences kept under
section 20;
"security agent" means a person who
holds an agent licence authorising
the person to operate a security
agency;
"security guard" means a person who
holds an employee licence
authorising the undertaking of
security guard activities;
"security guard activities" has the
meaning given by section 3B;
6. Sections 3A, 3B and 3C inserted
After section 3 of the Principal Act, the
following sections are inserted in Part 1:
3A. Meaning of "crowd control activities"
(1) A person undertakes crowd control
activities if, for monetary or other
consideration, he or she does any of the
following activities in, or in respect of,
licensed premises, or premises or a place
in which entertainment or sport is offered
or occurs, a business or social function is
11
s. 6 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
being held or a protest or riot is taking or
may take place, whether the premises or
place is open to the public or is private:
(a) screening entry into those
premises or that place;
(b) monitoring or controlling
behaviour of persons, or
otherwise maintaining order, in
those premises or that place;
(c) removing persons from those
premises or that place.
(2) Despite subsection (1), a person who
does an activity specified in that
subsection is not undertaking crowd
control activities if -
(a) that person is a police officer who
does that activity as part of his or
her duty as a police officer; or
(b) that person does nothing more
than check that persons seeking
admission to any premises or
place have paid the required
admission fee or have invitations
or passes allowing entry to those
premises or that place.
3B. Meaning of "security guard activities"
(1) A person undertakes security guard
activities if, for monetary or other
consideration, he or she does any of the
following activities:
(a) guards property;
12
2005 Security and Investigations Agents No. s. 6
Amendment (Crowd Controllers)
(b) keeps property under
surveillance.
(2) For the purposes of subsection (1), a
person employed in a shop for the
purposes of preventing or minimising
shoplifting is guarding property and
keeping property under surveillance.
3C. Meaning of "operate a commercial agency",
"operate a crowd control agency" and
"operate a security agency"
(1) A person operates a commercial agency
if that person -
(a) for monetary or other
consideration, agrees to undertake
commercial sub-agent activities;
and
(b) employs or engages another
person to undertake commercial
sub-agent activities with that
person or in that person's stead.
(2) A person operates a crowd control
agency if that person -
(a) for monetary or other
consideration, agrees to undertake
crowd control activities; and
(b) employs or engages another
person to undertake crowd
control activities with that person
or in that person's stead.
(3) A person operates a security agency if
that person -
13
s. 7 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(a) for monetary or other
consideration, agrees to undertake
security guard activities; and
(b) employs or engages another
person to undertake security
guard activities with that person
or in that person's stead.
7. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following sections are substituted:
4. Acting as commercial agent, crowd control
agent, security agent or inquiry agent
without licence
A person must not operate a commercial
agency, operate a crowd control agency,
operate a security agency or undertake
inquiry agent activities unless that person
holds an agent licence authorising the
operation of such an agency or the
undertaking of those activities.
Penalty: In the case of -
(a) a body corporate, 1 000
penalty units; and
(b) a natural person, 200
penalty units.
14
2005 Security and Investigations Agents No. s. 8
Amendment (Crowd Controllers)
4A. Acting as commercial sub-agent, crowd
controller or security guard without licence
A person must not undertake commercial
sub-agent activities, crowd control
activities or security guard activities
unless that person -
(a) holds an agent licence authorising
the operation of a commercial
agency, crowd control agency or
security agency; or
(b) holds an employee licence
authorising the undertaking of
those activities and undertakes
those activities as part of his or
her employment with, or as an
agent or subcontractor of, a
commercial agent, crowd control
agent or security agent.
Penalty: In the case of -
(a) a body corporate, 500
penalty units; and
(b) a natural person, 100
penalty units.
8. Section 5 amended (Ineligibility to apply for licence)
Section 5 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
15
s. 9 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(1A) 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.
(b) by inserting in subsection (2) "under
subsection (1)" after "licence".
9. Section 6 amended (Application)
Section 6(2)(c) of the Principal Act is amended
as follows:
(a) by omitting "prescribed";
(b) by inserting "that the Commissioner
requires" after "applicant".
10. Section 7 substituted
Section 7 of the Principal Act is repealed and the
following section is substituted:
7. Character report
(1) On receipt of an application for a licence,
the Commissioner may require -
(a) the applicant; and
(b) if the applicant is a body
corporate, each officer of the
applicant -
16
2005 Security and Investigations Agents No. s. 10
Amendment (Crowd Controllers)
to have his or her photograph,
fingerprints and palm prints taken as
specified in the requirement.
(2) On receipt of an application for a licence,
the Commissioner is to refer to the
Commissioner of Police -
(a) the name of the applicant and, if
the applicant is a body corporate,
the name of each officer of the
applicant; and
(b) any photographs, fingerprints and
palm prints taken from a person
referred to in paragraph (a); and
(c) any other information and
documentation relating to the
application.
(3) The Commissioner of Police must
inquire into and report to the
Commissioner on any matters concerning
the application that the Commissioner
requests.
(4) Despite an order of a court or a provision
of any Act that would otherwise prevent
the disclosure of information, the
Commissioner of Police may include that
information in the report provided under
subsection (3).
(5) The Commissioner -
(a) is to destroy any fingerprints or
palm prints obtained under this
section and any copies of them as
17
s. 10 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
soon as the Commissioner has no
further use for them; and
(b) may destroy any such fingerprints
or palm prints in any
circumstances he or she considers
appropriate.
(6) The Commissioner is taken to have no
further use for fingerprints or palm prints
obtained in respect of an application for a
licence if -
(a) the Commissioner refuses to
grant the application; or
(b) following the grant of the licence,
the licence is cancelled or
surrendered.
(7) A person who in connection with an
application for a licence has possession
of fingerprints or palm prints obtained
under this section, or copies of them,
must deliver the fingerprints, palm prints
or copies to the Commissioner, in
accordance with the directions of the
Commissioner, so as to enable the
Commissioner to comply with
subsection (5).
Penalty: Fine not exceeding 20 penalty
units.
(8) On surrendering a licence, the holder of
the licence may request that his or her
fingerprints or palm prints be retained by
the Commissioner for a period not
exceeding 3 years and the Commissioner
18
2005 Security and Investigations Agents No. s. 11
Amendment (Crowd Controllers)
is to comply with the request despite
subsection (5).
11. Section 8 amended (Grant or refusal of application)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)(v) "in
respect of a security guard," and
substituting "authorising the undertaking
of crowd control activities or security
guard activities,";
(b) by inserting the following subsection
after subsection (2):
(3) In determining whether to grant
or refuse an application, the
Commissioner is to take into
account any information or matter
that the Commissioner considers
relevant.
12. Sections 10, 11 and 12 substituted
Sections 10, 11 and 12 of the Principal Act are
repealed and the following sections are
substituted:
10. Issue of licence
(1) If the Commissioner grants an
application for a licence in respect of one
or more of the following, the
Commissioner is to issue to the applicant
an agent licence:
19
s. 12 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(a) the operation of a commercial
agency;
(b) the operation of a crowd control
agency;
(c) the operation of a security
agency;
(d) the undertaking of inquiry agent
activities.
(2) If the Commissioner grants an
application for a licence in respect of one
or more of the following, the
Commissioner is to issue to the applicant
an employee licence:
(a) the undertaking of commercial
sub-agent activities;
(b) the undertaking of crowd control
activities;
(c) the undertaking of security guard
activities.
(3) A licence is to -
(a) be in an approved form; and
(b) specify the type of licence; and
(c) specify the name and business
address of the holder; and
(d) specify the date on which the
licence is issued; and
(e) specify the date on which the
licence expires; and
20
2005 Security and Investigations Agents No. s. 12
Amendment (Crowd Controllers)
(f) specify any conditions of the
licence.
(4) At the time of issuing a licence under this
section to an applicant, the
Commissioner is to also issue to the
applicant -
(a) an identity card; and
(b) a copy of any relevant code of
conduct.
(5) An identity card is to be in an approved
form.
11. Authority of agent licence
(1) An agent licence authorises the holder to
undertake one or more of the following
as specified in the licence:
(a) the operation of a commercial
agency;
(b) the operation of a crowd control
agency;
(c) the operation of a security
agency;
(d) the undertaking of inquiry agent
activities.
(2) An agent licence that -
(a) authorises the holder to operate a
commercial agency also
authorises the holder to undertake
21
s. 13 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
commercial sub-agent activities if
the holder is an individual; and
(b) authorises the holder to operate a
crowd control agency also
authorises the holder to undertake
crowd control activities if the
holder is an individual; and
(c) authorises the holder to operate a
security agency also authorises
the holder to undertake security
guard activities if the holder is an
individual.
12. Authority of employee licence
An employee licence authorises the
holder to undertake one or more of the
following as specified in the licence:
(a) commercial sub-agent activities;
(b) crowd control activities;
(c) security guard activities.
13. Section 13 amended (Conditions)
Section 13 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The Commissioner, by an endorsement
on a licence, may -
(a) add a condition to the licence; or
22
2005 Security and Investigations Agents No. s. 14
Amendment (Crowd Controllers)
(b) remove a condition from the
licence; or
(c) vary a condition of the licence.
14. Section 14A inserted
After section 14 of the Principal Act, the
following section is inserted in Part 2:
14A. Amendment of licence
(1) On the request of the holder of a licence
or at the Commissioner's discretion, the
Commissioner may amend a licence.
(2) A request to amend a licence is to be -
(a) in writing; and
(b) accompanied by any documents
and information the
Commissioner requires; and
(c) accompanied by any prescribed
fee.
(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 any of
the following activities:
(a) the operation of a commercial
agency;
(b) the operation of a crowd control
agency;
23
s. 15 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(c) the operation of a security
agency;
(d) inquiry agent activities;
(e) commercial sub-agent activities;
(f) crowd control activities;
(g) security guard activities.
15. Section 15 amended (Cancellation of licence)
Section 15(2) of the Principal Act is amended by
inserting "a prescribed offence or" after "of".
16. Section 16 amended (Suspension of licence)
Section 16 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "a
prescribed offence or" after "of";
(b) by inserting in subsection (4) "under
subsection (1)" after "licence".
17. Section 17 amended (Surrender of licence and
identity card)
Section 17 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) If a person fails to surrender a licence or
identity card as required by
24
2005 Security and Investigations Agents No. s. 18
Amendment (Crowd Controllers)
subsection (1) or (2), a police officer or
authorised person may do one or more of
the following:
(a) require the person to surrender
the licence or identity card to the
police officer or authorised
person;
(b) seize the licence or identity card.
18. Section 20 amended (Register of licences)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"register" and substituting "register of
licences";
(b) by omitting from subsection (3)
"register" and substituting "register of
licences".
19. Section 21A inserted
Before section 22 of the Principal Act, the
following section is inserted in Division 1:
21A. Employing unlicensed person
(1) A person must not -
(a) employ or engage another person
to undertake any activity for
which a licence is required; or
25
s. 20 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(b) direct another person to undertake
any such activity -
unless that other person holds a licence
authorising the undertaking of that
activity.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 1 000
penalty units; and
(b) a natural person, a fine
not exceeding 200 penalty
units.
(2) It is a defence to a charge of an offence
under subsection (1)(a) for the person to
show that he or she sighted the identity
card of the other person before
employing or engaging him or her to
undertake the activity for which the
licence was required.
(3) It is a defence to a charge of an offence
under subsection (1)(b) for the person to
show that he or she reasonably believed
that the other person held the relevant
licence.
20. Section 23 amended (Fees if not licensed)
Section 23 of the Principal Act is amended by
omitting "undertaking any activity of a
commercial agent, a security agent or an inquiry
agent" and substituting "undertaking any
commercial sub-agent activities, crowd control
26
2005 Security and Investigations Agents No. s. 21
Amendment (Crowd Controllers)
activities, security guard activities or inquiry
agent activities or providing, in the course of
operating a commercial agency, crowd control
agency or security agency, another person to
undertake any such activity".
21. Section 24 substituted
Section 24 of the Principal Act is repealed and
the following section is substituted:
24. Advertising
(1) In this section -
"advertise" includes hold out in any
way and advertise in any form.
(2) A person must not advertise that the
person is able to undertake an activity
authorised by a licence unless the person
holds a licence authorising that activity.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
(3) In an advertisement relating to the
undertaking of an activity authorised by a
licence, the holder of the licence must
state the licence number.
Penalty: In the case of -
27
s. 22 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(a) a body corporate, a fine
not exceeding 100 penalty
units; and
(b) a natural person, a fine
not exceeding 20 penalty
units.
22. Section 25 amended (Display of notice)
Section 25 of the Principal Act is amended by
omitting "a licence" and substituting "an agent
licence".
23. Section 26 amended (Use of licence, identity card or
identifying number by others)
Section 26 of the Principal Act is amended by
omitting "licence or his or her identity card" and
substituting "licence, his or her identity card or
his or her identifying number".
24. 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) "the
activities of a security agent or security
guard" and substituting "security guard
activities";
(b) by inserting the following subsections
after subsection (2):
28
2005 Security and Investigations Agents No. s. 24
Amendment (Crowd Controllers)
(3) Subsection (2) does not apply to a
security agent or security guard
who the Commissioner has
exempted, in writing provided to
the security agent or security
guard, from having to comply
with that subsection.
(4) For the purposes of
subsection (3), the Commissioner
may provide the exemption if -
(a) he or she is satisfied that
the duties of the security
agent or security guard
are of a special nature that
requires the provision of
the exemption in the
interests of safety; and
(b) the security agent or
security guard has paid
any prescribed fee.
(5) When undertaking crowd control
activities, a crowd control agent
or crowd controller must wear his
or her identifying number so that
it is clearly visible.
Penalty: In the case of -
(a) a body corporate,
a fine not
exceeding 500
penalty units; and
29
s. 25 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(b) a natural person, a
fine not exceeding
100 penalty units.
25. Sections 27A, 27B, 27C and 27D inserted
After section 27 of the Principal Act, the
following sections are inserted in Division 1:
27A. Defacing or altering licence, identity card or
identifying number
The holder of a licence must not -
(a) alter or deface the holder's
licence, identity card or
identifying number; or
(b) allow another person to alter or
deface the holder's licence,
identity card or identifying
number; or
(c) wear or use the holder's licence,
identity card or identifying
number if he or she knows that it
has been altered or defaced.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
(b) a natural person, a fine
not exceeding 100 penalty
units.
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2005 Security and Investigations Agents No. s. 25
Amendment (Crowd Controllers)
27B. Stating name, &c., to police officer or
authorised person
(1) If a police officer or authorised person
reasonably suspects that a person is the
holder of a licence, the police officer or
authorised officer, verbally or in writing,
may require the person to provide his or
her name, residential address, date of
birth and age.
(2) A person must comply with a request
made under subsection (1).
Penalty: Fine not exceeding 100 penalty
units.
(3) If a police officer who makes a request
under subsection (1) reasonably believes
that a person has failed to comply with
the request, the police officer may arrest
the person without warrant.
27C. Undertaking licence activity while
intoxicated
(1) The holder of a licence must not
undertake an activity authorised by the
licence while under the influence of
alcohol, a drug or both to such an extent
that he or she is incapable of properly
undertaking that activity.
Penalty: Fine not exceeding 100 penalty
units.
(2) If a police officer or an authorised person
reasonably suspects that the holder of a
licence is undertaking an activity in
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Amendment (Crowd Controllers)
contravention of subsection (1), the
police officer or authorised person,
verbally or in writing, may require the
licence holder to cease undertaking the
activity and leave the premises or place
in which, or in respect of which, that
activity is being undertaken.
(3) The holder of a licence must comply with
a requirement made under subsection (2).
Penalty: Fine not exceeding 100 penalty
units.
(4) If the holder of a licence fails or refuses
to comply with a requirement made
under subsection (2), a police officer may
arrest the licence holder without warrant.
27D. False or misleading information
A person must not, in giving any
information under this Act -
(a) make a statement knowing it to
be false or misleading; or
(b) omit any matter from a statement
knowing that without that matter
the statement is false or
misleading.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; and
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2005 Security and Investigations Agents No. s. 26
Amendment (Crowd Controllers)
(b) a natural person, a fine
not exceeding 100 penalty
units.
26. Section 28 amended (Trust accounts)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "who
undertakes any activity of a commercial
agent" and substituting "in respect of the
operation of a commercial agency";
(b) by omitting from subsection (3)
"undertakes any activity of a commercial
agent" and substituting "operates or
operated a commercial agency".
27. Section 32 amended (Records)
Section 32(1) of the Principal Act is amended as
follows:
(a) by omitting "who undertakes any activity
of a commercial agent" and substituting
"in respect of the operation of a
commercial agency";
(b) by omitting from paragraph (a) "the
activity" and substituting "activities
under that licence";
(c) by omitting from paragraph (b)
"undertaking the activity" and
substituting "the operation of the
commercial agency".
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28. Section 33 amended (Possession of motor vehicles)
Section 33 of the Principal Act is amended by
omitting "a commercial sub-agent" and
substituting "or a commercial sub-agent,".
29. Section 34 amended (Place of business)
Section 34 of the Principal Act is amended by
omitting "undertakes any activity of a
commercial agent must not invite any person to
do business, or any debtor from whom he or she
is seeking to recover a debt," and substituting
"operates a commercial agency must not invite
any person to do business, or demand directly or
indirectly from a debtor any payment of the
debt,".
30. Section 35 amended (Recovery of money)
Section 35 of the Principal Act is amended by
omitting "who undertakes any activity of a
commercial agent or the holder of an employee
licence who undertakes any activity of a
commercial sub-agent" and substituting "or
employee licence who undertakes any
commercial sub-agent activities".
31. Part 3, Division 3 inserted
After section 35 of the Principal Act, the
following Division is inserted in Part 3:
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2005 Security and Investigations Agents No. s. 31
Amendment (Crowd Controllers)
Division 3 - Crowd control
35A. Identifying number
A person who engages a crowd control
agent or crowd controller to undertake
crowd control activities in, or in respect
of, any premises or event on any
occasion must ensure that each crowd
control agent and crowd controller who
is present at those premises or event on
that occasion is issued for that occasion
with a unique identifying number that is
in an approved form.
Penalty: In the case of -
(a) a body corporate, 500
penalty units; and
(b) a natural person, 100
penalty units.
35B. Register to be maintained by licensee
(1) A licensee who engages a crowd control
agency, crowd control agent or crowd
controller to undertake crowd control
activities on any occasion must maintain
a register containing the following
information in respect of each such
occasion:
(a) the date of the occasion;
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Amendment (Crowd Controllers)
(b) the full name of the crowd control
agency, crowd control agent or
crowd controller so engaged;
(c) the full name, identity card
number and identifying number
of each crowd control agent or
crowd controller undertaking
crowd control activities;
(d) full details of any incident
where -
(i) while preventing entry to,
or removing a person
from, the licensed
premises the crowd
control agent or crowd
controller had physical
contact with that person,
another patron or an
intending patron of the
licensed premises; or
(ii) the crowd control agent or
crowd controller had
physical contact with a
patron of the licensed
premises;
(e) any other information that the
Commissioner requires by notice
provided to the licensee.
Penalty: In the case of -
(a) a body corporate, 500
penalty units; and
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2005 Security and Investigations Agents No. s. 31
Amendment (Crowd Controllers)
(b) a natural person, 100
penalty units.
(2) If -
(a) a crowd control agent or crowd
controller undertakes crowd
control activities in, or in respect
of, licensed premises under a
contract between the licensee and
either that or another crowd
control agent; and
(b) that crowd control agent or crowd
controller is involved in an
incident of a kind referred to in
subsection (1)(d) -
the licensee must provide a copy of the
details of the incident to the crowd
control agent with whom the contract
was made within 7 days after the
occurrence of the incident.
Penalty: In the case of -
(a) a body corporate, 500
penalty units; and
(b) a natural person, 100
penalty units.
(3) A licensee who maintains a register
under subsection (1) must keep that
register in a place that -
(a) is readily accessible to any crowd
control agent or crowd controller
undertaking crowd control
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Amendment (Crowd Controllers)
activities in the licensed
premises; but
(b) is not readily accessible to
patrons of the licensed premises.
Penalty: In the case of -
(a) a body corporate, 500
penalty units; and
(b) a natural person, 100
penalty units.
35C. Register to be maintained by crowd control
agent
(1) A crowd control agent must maintain a
register containing the following
information:
(a) the full name and identity card
number of the agent and each
crowd controller and other crowd
control agent employed or
engaged by the agent;
(b) the date on which, and the place
at which or in respect of which,
the agent or a crowd controller or
other crowd control agent
employed or engaged by the
agent undertakes crowd control
activities;
(c) in respect of each occasion
referred to in paragraph (b) -
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2005 Security and Investigations Agents No. s. 31
Amendment (Crowd Controllers)
(i) whether the agent
undertook crowd control
activities and, if so, his or
her identifying number;
and
(ii) the name and identifying
number of each crowd
controller or other crowd
control agent who
undertook the crowd
control activities in the
course of his or her
employment or
engagement with the
agent; and
(iii) full details of any incident
where the agent or such a
crowd controller or other
crowd control agent,
while preventing entry to
or removing a person
from that place, had
physical contact with that
person, another patron or
an intending patron of that
place or the event held at
that place; and
(iv) full details of any incident
where the agent or such a
crowd controller or other
crowd control agent had
physical contact with a
person while undertaking
the crowd control
activities;
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Amendment (Crowd Controllers)
(d) any other information that the
Commissioner requires by notice
provided to the crowd control
agent.
Penalty: In the case of -
(a) a body corporate, 500
penalty units; and
(b) a natural person, 100
penalty units.
(2) Subsection (1)(c) does not apply if the
place at which or in respect of which the
crowd control agent, or crowd controller
or other crowd control agent, undertakes
crowd control activities is licensed
premises.
35D. Service of infringement notices
(1) The Commissioner, an authorised person
or a police officer may serve an
infringement notice on a person if the
Commissioner, authorised person or
police officer is of the opinion that the
person has committed an infringement
offence.
(2) An infringement notice is not to relate to
4 or more infringement offences.
35E. Form of infringement notices
(1) An infringement notice is to be in an
approved form and is to specify -
40
2005 Security and Investigations Agents No. s. 31
Amendment (Crowd Controllers)
(a) the offence to which it relates;
and
(b) the prescribed penalty for the
offence; and
(c) the total amount payable under
the notice; and
(d) how the penalty may be paid; and
(e) the place where a written
undertaking to pay the penalty
may be lodged; and
(f) any other prescribed details.
(2) For the purposes of subsection (1)(b), a
fine not exceeding 25 penalty units may
be prescribed for the offence.
(3) An infringement notice is to state that the
person on whom it is served may
disregard the infringement notice but
that, on so doing, the person may be
prosecuted for the offence to which it
relates.
35F. Acceptance of infringement notices
A person may accept an infringement
notice by doing either of the following
within 21 days after being served with
the infringement notice:
(a) paying the total amount payable
in accordance with the
infringement notice;
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Amendment (Crowd Controllers)
(b) lodging, at the place specified in
the infringement notice, a written
undertaking to pay that amount.
35G. Extension of acceptance periods
If an infringement notice is not accepted
within 21 days after it has been served, a
clerk of petty sessions may allow one
further period of 14 days commencing on
the expiry of that 21 day period for the
acceptance of the infringement notice.
35H. Payment
(1) A person who undertakes under
section 35F(b) to pay the amount payable
under an infringement notice may make
representations to a clerk of petty
sessions in relation to the person's ability
to pay the amount.
(2) The clerk of petty sessions is to take the
person's representations into account
before determining the period within
which the amount is to be paid.
(3) The clerk of petty sessions may
determine the period, not exceeding 60
days from the day on which the
infringement notice was served, within
which the amount is to be paid.
(4) If a person fails to pay any amount in
accordance with an undertaking,
proceedings may be taken against the
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2005 Security and Investigations Agents No. s. 31
Amendment (Crowd Controllers)
person in respect of the amount
remaining outstanding as if it were a
penalty imposed on the person on
summary conviction.
35I. Effect of acceptance
(1) The acceptance of an infringement notice
is not an admission of liability in any
civil proceedings.
(2) Proceedings against a person for an
offence to which an infringement notice
that has not been withdrawn relates are
not to be brought -
(a) if the person has accepted the
infringement notice; or
(b) if the person has not been allowed
an additional period under
section 35G, within 28 days after
the infringement notice is served;
or
(c) if the person has been allowed an
additional period under
section 35G, within 42 days after
the infringement notice is served.
35J. Withdrawal of infringement notices
(1) The Commissioner may withdraw an
infringement notice if he or she is of the
opinion that -
(a) it should not have been served; or
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Amendment (Crowd Controllers)
(b) the person on whom it was served
should not be proceeded against
for the offence to which it relates.
(2) Subsection (1) applies whether or not the
infringement notice has been accepted.
(3) The infringement notice may be
withdrawn by serving the person with a
notice of withdrawal within 108 days
after the service of the infringement
notice.
(4) As soon as practicable after the notice of
withdrawal is served, any amount that the
person has paid by way of penalty under
the infringement notice must be repaid to
the person.
35K. Certain evidence not admissible
Evidence of the service, acceptance or
withdrawal of an infringement notice is
not admissible in any proceedings for the
offence to which the notice relates unless
the court hearing the proceedings
determines otherwise.
35L. Penalties to be paid into Consolidated Fund
Any amount paid under this Part by way
of penalty is to be paid into the
Consolidated Fund.
44
2005 Security and Investigations Agents No. s. 32
Amendment (Crowd Controllers)
32. Section 38 amended (Investigations)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) In carrying out an investigation,
the Commissioner or an
authorised person or police
officer may -
(a) enter at any reasonable
time any place where he
or she reasonably
believes -
(i) an activity for
which a licence is
required has been
or is being
undertaken; or
(ii) a register
maintained under
section 35B or
35C is being kept;
and
(b) require any person to
provide any relevant
information, including
financial and other
confidential information,
within the period, and in
the manner, specified in
the requirement; and
45
s. 32 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(c) in any place entered under
paragraph (a), gain access
to, and take copies of, any
relevant documents,
including a register
maintained under
section 35B or 35C; and
(d) seize any relevant
document.
(b) by inserting the following subsections
after subsection (4):
(5) If a document is seized -
(a) the Commissioner has
possession of it; and
(b) the Commissioner may
retain possession of it for
so long as is necessary for
the purposes of this Act;
and
(c) on the request of a person
who would be entitled to
possession of the
document if it were not in
the possession of the
Commissioner, the
Commissioner must
provide that person with
access to peruse the
document or with a copy
of the document certified
by the Commissioner as a
true copy.
46
2005 Security and Investigations Agents No. s. 33
Amendment (Crowd Controllers)
(6) A copy of a document seized
under this section that is certified
by the Commissioner as a true
copy of the document is to be
received in all courts and
elsewhere as if it were the
original document.
33. Section 38A inserted
After section 38 of the Principal Act, the
following section is inserted in Part 1:
38A. Codes of conduct
(1) The Commissioner may issue, in a
manner determined by the
Commissioner, codes of conduct in
respect of the undertaking of operations
and activities under a licence.
(2) On issuing a code of conduct, the
Commissioner may give notice of its
issue in any manner he or she considers
appropriate including, but not limited
to -
(a) the publication of the notice in
one or more newspapers
circulating in the State; or
(b) the publication of the notice on
the internet; or
(c) the provision of a copy of the
notice to each holder of a licence
to which the code of conduct
relates.
47
s. 34 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(3) The Commissioner, on the request of any
person and the payment of any
prescribed fee, is to provide a copy of a
code of conduct or part of a code of
conduct to that person.
(4) The Commissioner may amend or
substitute a code of conduct.
(5) A code of conduct is not -
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
(b) subordinate legislation for the
purposes of the Subordinate
Legislation Act 1992.
34. Section 40 amended (Evidentiary provisions)
Section 40(4) of the Principal Act is amended by
omitting "register" and substituting "register of
licences".
35. Section 41 amended (Exemptions)
Section 41 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) A police officer is not required to hold an
agent licence authorising the operation of
a crowd control agency, or an employee
licence authorising the undertaking of
crowd control activities, while
undertaking a crowd control activity in
48
2005 Security and Investigations Agents No. s. 36
Amendment (Crowd Controllers)
the ordinary performance of his or her
functions as a police officer.
(4) A licensee is not required to hold an
agent licence authorising the operation of
a crowd control agency, or an employee
licence authorising the undertaking of
crowd control activities -
(a) for the purpose of employing a
crowd controller to undertake
crowd control activities in, or in
relation to, the licensed premises;
or
(b) while undertaking crowd control
activities in the ordinary
performance of his or her
functions as a licensee.
(5) A crowd controller employed by a
licensee to undertake crowd control
activities in, or in respect of, the licensed
premises is taken to be employed by a
crowd control agent while undertaking
those activities.
36. Section 43A inserted
After section 43 of the Principal Act, the
following section is inserted in Part 1:
43A. Savings and transitional provisions relating
to crowd control
The savings and transitional provisions
set out in Schedule 2 have effect.
49
s. 37 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
37. Schedule 2 inserted
After Schedule 1 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 2 - SAVINGS AND TRANSITIONAL
PROVISIONS RELATING TO CROWD CONTROL
Section 43A
1. Interpretation
In this Schedule -
"commencement day" means
1 January 2006;
"repealed Act" means the Crowd
Controllers Act 1999.
2. Certain persons taken to hold crowd control
agent licences
(1) In this clause -
"prescribed person" means a person
who, immediately before the
commencement day, holds the
competency requirements
prescribed for the purposes of
section 5(2) of the repealed Act,
other than -
(a) a licensee; or
(b) a person in respect of whom an
order under section 6 or 9(3) of
the repealed Act is in effect.
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2005 Security and Investigations Agents No. s. 37
Amendment (Crowd Controllers)
(2) If immediately before the
commencement day a prescribed person
was taken under section 13 of the
repealed Act to be the employer of crowd
controllers, that person is taken to hold
an agent licence authorising the operation
of a crowd control agency until
1 April 2006 and this Act applies in
respect of that licence.
3. Certain persons taken to hold crowd
controller licences
(1) In this clause -
"prescribed person" means a person
who holds the competency
requirements prescribed for the
purposes of section 5(1) of the
repealed Act, other than -
(a) a licensee; or
(b) a person in charge of licensed
premises; or
(c) a person to whom clause 2
applies; or
(d) a person in respect of whom an
order under section 6 or 9(3) of
the repealed Act is in effect.
(2) A prescribed person is taken to hold an
employee licence authorising the
undertaking of crowd control activities
until 1 April 2006, and this Act applies in
respect of that licence, if -
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s. 37 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
(a) at any time during the year 2005
the prescribed person carried out
the functions of a crowd
controller, within the meaning of
the repealed Act; or
(b) immediately before the
commencement day the
prescribed person was eligible to
carry out the functions of a crowd
controller, within the meaning of
the repealed Act.
4. Competency requirements
(1) A person -
(a) who has the competency
requirements prescribed for the
purposes of section 5(1) of the
repealed Act is taken to have the
competency standards determined
under section 9 in relation to the
holder of an employee licence
authorising the undertaking of
crowd control activities; or
(b) who -
(i) was undertaking a course
of study or training
immediately before the
commencement day; and
(ii) on successful completion
of that course of study or
training would have the
competency requirements
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2005 Security and Investigations Agents No. s. 37
Amendment (Crowd Controllers)
prescribed for the
purposes of section 5(1)
of the repealed Act -
is taken on and after that successful
completion to have the competency
standards determined under section 9 in
relation to the holder of an employee
licence authorising the undertaking of
crowd control activities.
(2) A person who has the competency
requirements prescribed for the purposes
of section 5(2) of the repealed Act is
taken to have the competency standards
determined under section 9 in relation to
the holder of an agent licence authorising
the operation of a crowd control agency.
(3) A person who -
(a) was undertaking a course of study
or training immediately before
the commencement day; and
(b) on successful completion of that
course of study or training would
have the competency
requirements prescribed for the
purposes of section 5(2) of the
repealed Act -
is taken on and after that successful
completion to have the competency
standards determined under section 9 in
relation to the holder of an agent licence
authorising the operation of a crowd
control agency.
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s. 37 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
5. Orders under section 6 of repealed Act
(1) In this clause -
"section 6 order" means an order
under section 6 of the repealed
Act that is in effect immediately
before the commencement day.
(2) A section 6 order prohibiting a person
from carrying out the functions of a
crowd controller -
(a) continues to have effect for the
period specified in it; and
(b) is taken to prohibit the person
from undertaking crowd control
activities.
(3) A section 6 order prohibiting a person
from engaging in the business of
supplying the services of crowd
controllers -
(a) continues to have effect for the
period specified in it; and
(b) is taken to prohibit the person
from undertaking crowd control
activities and operating a crowd
control agency.
6. Applications under section 7 of repealed Act
(1) If immediately before the
commencement day an application had
been made under section 7 of the
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2005 Security and Investigations Agents No. s. 37
Amendment (Crowd Controllers)
repealed Act but not finally determined,
proceedings in respect of that application
may be continued and, subject to
subclause (2), the repealed Act continues
to apply in relation to that application
and those proceedings.
(2) If on an application referred to in
subclause (1) the court considers it
appropriate to make an order under
section 9(3) of the repealed Act in
respect of a person, instead of making
that order the court is to make an order
under section 16(2) of this Act
suspending the licence held by that
person.
(3) An order under subclause (2) has effect
for the period of not less than 12 months
specified in the order.
(4) A person in respect of whom an order
under subclause (2) or under section 9(3)
of the repealed Act is in effect may apply
to a magistrate for the amendment or
revocation of that order.
(5) In determining an application referred to
in subclause (4), the magistrate may -
(a) amend the order; or
(b) revoke the order; or
(c) confirm the order and dismiss the
application.
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s. 37 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
7. Ineligibility to apply for licence
A person in respect of whom an order
under clause 6(2), or under section 6 or
9(3) of the repealed Act, is in effect is
ineligible to apply for a licence.
8. Prosecution for offence under repealed Act
(1) The repeal of the repealed Act does not
affect the taking or continuation of
proceedings for an offence under that Act
committed before the commencement
day.
(2) If a court convicts a person of an offence
under the repealed Act, the court may
suspend a licence held by that person
under section 16(2) of this Act.
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2005 Security and Investigations Agents No. s. 38
Amendment (Crowd Controllers)
PART 3 - ANNULLED CONVICTIONS ACT 2003
AMENDED
38. Principal Act
In this Part, the Annulled Convictions Act 2003*
is referred to as the Principal Act.
39. Schedule 1 amended (Non-exempt applications)
Schedule 1 to the Principal Act is amended by
inserting after item 4 in Part 8 the following
item:
5. Licence of any kind under the Security
and Investigations Agents Act 2002.
*No. 46 of 2003
57
s. 40 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
PART 4 - FIREARMS ACT 1996 AMENDED
40. Principal Act
In this Part, the Firearms Act 1996* is referred
to as the Principal Act.
41. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definitions of "security agent" and
"security guard" and substituting the following
definitions:
"security agent" has the same meaning as in
the Security and Investigations Agents
Act 2002;
"security guard" has the same meaning as in
the Security and Investigations Agents
Act 2002;
*No. 23 of 1996
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2005 Security and Investigations Agents No. s. 42
Amendment (Crowd Controllers)
PART 5 - JUSTICES ACT 1959 AMENDED
42. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
43. Section 106A amended (Interpretation of Part XA)
Section 106A(1A) of the Principal Act is
amended by omitting paragraph (d) and
substituting the following paragraph:
(d) by a commercial agent, commercial sub-
agent or inquiry agent, within the
meaning of the Security and
Investigations Agents Act 2002, as part of
his or her professional occupation; or
*No. 77 of 1959
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s. 44 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
PART 6 - LEGISLATION REPEALED, RESCINDED
AND REVOKED
44. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
45. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
46. Legislation revoked
The legislation specified in Schedule 3 is
revoked.
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2005 Security and Investigations Agents No. sch. 1
Amendment (Crowd Controllers)
SCHEDULE 1 - LEGISLATION REPEALED
Section 44
Crowd Controllers Act 1999 (No. 5 of 1999)
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sch. 2 No. Security and Investigations Agents 2005
Amendment (Crowd Controllers)
SCHEDULE 2 - LEGISLATION RESCINDED
Section 45
Crowd Controllers Regulations 2000 (No. 21 of 2000)
Crowd Controllers Amendment Regulations 2000 (No. 235 of
2000)
Crowd Controllers Amendment Regulations 2005 (No. 36 of
2005)
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2005 Security and Investigations Agents No. sch. 3
Amendment (Crowd Controllers)
SCHEDULE 3 - LEGISLATION REVOKED
Section 46
Proclamation under the Crowd Controllers Act 1999 (No. 108
of 2000)
Government Printer, Tasmania 63