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This is a Bill, not an Act. For current law, see the Acts databases.


SECURITY AND RELATED ACTIVITIES (CONTROL) AMENDMENT BILL 2007

                    Western Australia


Security and Related Activities (Control)
          Amendment Bill 2007

                       CONTENTS


      Part 1 -- Preliminary
1.    Short title                                                2
2.    Commencement                                               2
3.    The Act amended                                            2
      Part 2 -- Amendments to the Security
           and Related Activities (Control)
           Act 1996
4.    Long title amended                                         3
5.    Section 3 amended                                          3
6.    Sections 4A and 4B inserted                                5
      4A.      Meaning of "prohibited person"               5
      4B.      Meaning of "finding of guilt"                5
7.    Section 7 amended                                          6
8.    Section 7A inserted                                        7
      7A.      Cards to identify compliance and licensing
               officers                                     7
9.    Section 8A inserted                                        8
      8A.      Disclosure of exempted matter under
               Freedom of Information Act 1992              8
10.   Section 9A inserted                                        8
      9A.      Delegation by the Commissioner               8
11.   Section 10 amended                                         9
12.   Section 10A inserted                                       9
      10A.     Information relevant to section 79A may
               be given to holder of agent's licence        9
13.   Section 11 amended                                         9
14.   Section 13 amended                                        10
15.   Section 14 amended                                        10


                         241--1                                  page i
Security and Related Activities (Control) Amendment Bill 2007



Contents



      16.     Section 14A inserted                                        10
              14A.     Definition of "security bodyguard"            10
      17.     Section 17 amended                                          10
      18.     Section 18 amended                                          11
      19.     Section 18A inserted                                        11
              18A.     Security bodyguards to be licensed            11
      20.     Section 19 amended                                          12
      21.     Section 20 replaced                                         12
              20.      Unlicensed person not to be employed as
                       security officer etc.                         12
      22.     Section 21 amended                                          13
      23.     Section 23 amended                                          13
      24.     Section 24 amended                                          14
      25.     Section 25 amended                                          14
      26.     Section 31 amended                                          14
      27.     Section 38 amended                                          14
      28.     Section 41 amended                                          15
      29.     Part 6A inserted                                            15
              Part 6A -- Temporary licences for interstate visitors
              42A.     Temporary licence -- security activities       15
              42B.     Temporary licence -- agent services            16
      30.     Section 46 amended                                          16
      31.     Section 47 amended                                          16
      32.     Section 48 amended                                          20
      33.     Section 49 amended                                          22
      34.     Section 50 amended                                          23
      35.     Section 52 amended                                          23
      36.     Section 52A inserted                                        25
              52A.     Matters to be taken into account in
                       deciding whether to issue licence             25
      37.     Section 53 amended                                          26
      38.     Section 54 repealed                                         26
      39.     Section 55 replaced                                         26
              55.      Refusal of renewal                            26
      40.     Section 56 amended                                          27
      41.     Section 59 repealed                                         28
      42.     Section 60 amended                                          28
      43.     Section 61 amended                                          28
      44.     Heading to Part 7 Division 4 amended                        29
      45.     Section 66A inserted                                        29
              66A.     Interpretation                                29
      46.     Section 67 amended                                          29

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      Security and Related Activities (Control) Amendment Bill 2007



                                                                Contents



47.     Sections 67A and 67B inserted                             31
        67A.      Summary power to revoke and suspend
                  licences                                 31
        67B.      Return of revoked licence and identity
                  card                                     34
48.     Section 68A inserted                                      34
        68A.      Consent to release information           34
49.     Section 69 amended                                        35
50.     Section 72 amended                                        36
51.     Section 73 repealed                                       36
52.     Section 75 amended                                        37
53.     Section 76 amended                                        37
54.     Section 77 amended                                        37
55.     Section 77A inserted                                      38
        77A.      Licensee to give notice about offences   38
56.     Section 78 amended                                        38
57.     Section 79A inserted                                      39
        79A.      Certain unlicensed persons not to be
                  employed in an agent's business          39
58.     Heading to Part 9 amended                                 40
59.     Section 79B inserted                                      40
        79B.      Interpretation                           40
60.     Section 80 amended                                        40
61.     Section 81 amended                                        40
62.     Section 82 amended                                        42
63.     Heading inserted                                          42
64.     Section 84 amended                                        42
65.     Section 85 amended                                        42
66.     Section 86 amended                                        43
67.     Section 87 amended                                        43
68.     Part 10 Division 2 inserted                               43
        Division 2 -- Legal proceedings
        88.       Designated persons                       43
        88A.      Infringement notices                     44
        88B.      Withdrawal of infringement notice        45
        88C.      Benefit of paying modified penalty       45
        88D.      No admission implied by payment          45
        88E.      Application of penalties collected       45
69.     Section 89 amended                                        46
70.     Section 90 amended                                        46
71.     Section 90A inserted                                      46
        90A.      Liability of agent for licensee          46
72.     Section 91 amended                                        47


                                                                 page iii
Security and Related Activities (Control) Amendment Bill 2007



Contents



      73.     Section 92 amended                                     47
      74.     Section 93 amended                                     47
      75.     Heading inserted                                       48
      76.     Section 93A inserted                                   48
              93A.     Licensee to provide name of agent        48
      77.     Section 94 amended                                     48
      78.     Section 95 amended                                     49
      79.     Schedule 1 repealed                                    49
      80.     Certain provisions amended regarding penalties         50
              Part 3 -- Amendments to other Acts
      81.     Firearms Act 1973 amended                              51
      82.     Spent Convictions Act 1988 amended                     51




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Security and Related Activities (Control)
               Amendment Bill 2007


                               A Bill for


An Act to --
•  amend the Security and Related Activities (Control) Act 1996; and
•  make related amendments to the Firearms Act 1973 and the
    Spent Convictions Act 1988,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Security and Related Activities (Control) Amendment Bill 2007
     Part 1          Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Security and Related Activities (Control) Amendment
              Act 2007.

 5   2.       Commencement
              This Act comes into operation as follows:
               (a) sections 1 and 2 -- on the day on which this Act
                     receives the Royal Assent;
               (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.

     3.       The Act amended
              Except in Part 3, the amendments in this Act are to the Security
              and Related Activities (Control) Act 1996.




     page 2
                 Security and Related Activities (Control) Amendment Bill 2007
          Amendments to the Security and Related Activities (Control)   Part 2
                                                            Act 1996

                                                                                    s. 4


           Part 2 -- Amendments to the Security and Related
                     Activities (Control) Act 1996
     4.          Long title amended
                 The long title is amended by deleting "property protection;" and
 5               inserting instead --
                 "   the protection of persons and property;        ".

     5.          Section 3 amended
           (1)   Section 3 is amended in the definition commencing "security
                 agent" by deleting ""security agent", "security consultant"," and
10               inserting instead --
                        "
                            "security agent", "security bodyguard",
                            "security consultant",
                                                                                     ".
15         (2)   Section 3 is amended by inserting in the appropriate
                 alphabetical positions --
                 "
                       "class", in relation to a security consultant's licence or
                           a security installer's licence, means a class
20                         prescribed in relation to that licence;
                       "compliance officer" means a compliance officer
                           appointed under section 7(1)(a);
                       "court" includes a court (however described) of a
                           foreign jurisdiction;
25                     "crowd control agent" has the meaning given by
                           section 34;
                       "crowd controller" has the meaning given by
                           section 35;
                       "disqualifying offence" means an offence of a kind
30                         prescribed as being a disqualifying offence;


                                                                              page 3
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 5


                    "finding of guilt" has the meaning given in
                         section 4B;
                    "inquiry agent" has the meaning given by section 27;
                    "investigator" has the meaning given by section 28;
 5                  "investigator's licence" means a licence issued for the
                         purposes of section 30;
                    "licensing officer" means a licensing officer appointed
                         under section 7(1)(b);
                    "prohibited person" has the meaning given in
10                       section 4A;
                    "relevant body" means --
                         (a) a police force of the Commonwealth, of this
                               State, of another State or of a Territory; or
                         (b) another body established, or continued, for a
15                             public purpose and prescribed for the
                               purpose of this definition;
                    "relevant conduct", in relation to a person who is, or
                         was, a member, officer or employee of a relevant
                         body, means actual or suspected conduct in the
20                       nature of criminal or corrupt activity by the person
                         while a member, officer or employee of the
                         relevant body;
                    "security bodyguard's licence" means a licence
                         issued for the purposes of section 18A;
25                  "security consultant's licence" means a licence issued
                         for the purposes of section 17;
                    "security installer's licence" means a licence issued
                         for the purposes of section 18;
                    "temporary licence" means a licence referred to in
30                       section 42A or 42B.
                                                                                ".
        (3)   Section 3 is amended by deleting the full stop after the
              definition of "supplies" and inserting a semicolon instead.


     page 4
                 Security and Related Activities (Control) Amendment Bill 2007
          Amendments to the Security and Related Activities (Control)   Part 2
                                                            Act 1996

                                                                                   s. 6


     6.         Sections 4A and 4B inserted
                After section 4 the following sections are inserted --
     "
             4A.      Meaning of "prohibited person"
 5              (1)   In this Act, a person is a prohibited person --
                        (a) if there has been a finding of guilt in relation to
                              a disqualifying offence committed by the
                              person; and
                        (b) during the disqualifying period prescribed in
10                            respect of the offence.
                (2)   Subsection (1) applies to a person in respect of a
                      finding of guilt made on, or after, 1 January 1996.
                (3)   A disqualifying period may be prescribed to apply in
                      respect of --
15                      (a) all disqualifying offences; or
                        (b) a particular kind of disqualifying offence, or
                              particular kinds of disqualifying offences; or
                        (c) disqualifying offences of a particular class or
                              description, including offences described by
20                            reference to the type of finding of guilt that
                              applies in relation to the offences.

             4B.      Meaning of "finding of guilt"
                (1)   In this Act, a reference to a finding of guilt in relation
                      to an offence committed by a person is a reference to
25                    any of the following --
                        (a) a court making a formal finding of guilt in
                              relation to the offence;
                        (b) a court convicting the person of the offence, if
                              there has been no formal finding of guilt before
30                            conviction;


                                                                               page 5
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 7


                          (c)   a court accepting a plea of guilty from the
                                person in relation to the offence;
                          (d)   a finding under The Criminal Code section 27
                                that the person is not guilty of the offence on
 5                              account of unsoundness of mind or a finding
                                under equivalent provisions of the laws of
                                another jurisdiction.
                (2)     For the purposes of this Act --
                         (a) a reference to a finding of guilt does not include
10                              a finding of guilt that is subsequently quashed
                                or set aside by a court; and
                         (b) a reference to a conviction includes a reference
                                to a spent conviction.
                (3)     For the purposes of subsection (2)(b), the conviction of
15                      a prohibited person becomes spent if, under a law in
                        any jurisdiction, the prohibited person is permitted not
                        to disclose the fact that a finding of guilt has been
                        made in relation to the offence.
                                                                                   ".

20   7.         Section 7 amended
          (1)   Section 7(1) is amended by deleting "of licensing officers as are
                required for the purposes of this Act." and inserting instead --
                "
                        of --
25                        (a) compliance officers; and
                          (b) licensing officers,
                        as are required for the purposes of this Act.
                                                                                   ".
          (2)   Section 7(3) is amended by inserting after "done by" --
30              "     a compliance officer or   ".


     page 6
                 Security and Related Activities (Control) Amendment Bill 2007
          Amendments to the Security and Related Activities (Control)   Part 2
                                                            Act 1996

                                                                                  s. 8


     8.         Section 7A inserted
                After section 7 the following section is inserted --
     "
             7A.      Cards to identify compliance and licensing officers
 5              (1)   The Commissioner is to issue a card to each
                      compliance officer and each licensing officer for the
                      purpose of identifying the officer.
                (2)   A card referred to in subsection (1) must --
                       (a) include a statement to the effect that the person
10                           identified by the card is a compliance officer or
                             a licensing officer, as is relevant, under
                             this Act; and
                        (b)   include a photograph of the person identified by
                              the card.
15              (3)   If a person to whom a card is issued under this section
                      ceases to be a compliance officer or a licensing officer,
                      the person must immediately return the card to the
                      Commissioner.
                      Penalty: a fine of $2 000.
20              (4)   A compliance officer or a licensing officer is to
                      produce the card issued to the officer under this section
                      for inspection if requested to do so by --
                        (a) a police officer; or
                        (b) a person in respect of whom a power under
25                            section 61, 75, 85 or 86 is being exercised by
                              the compliance officer or licensing officer.
                                                                                   ".




                                                                              page 7
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 9


     9.       Section 8A inserted
              After section 8 the following section is inserted --
     "
            8A.     Disclosure of exempted matter under Freedom of
 5                  Information Act 1992
                    A person who has exercised, or intends to exercise, a
                    power under this Act affecting another person is not
                    required under any enactment or other law to give to
                    that person notice of the grounds on which, or the
10                  reasons for which, the power is, or will be, exercised if
                    giving that notice would involve the disclosure of
                    information that is exempt matter under the Freedom of
                    Information Act 1992 Schedule 1 clause 5.
                                                                                ".

15   10.      Section 9A inserted
              After section 9 the following section is inserted --
     "
            9A.     Delegation by the Commissioner
              (1)   The Commissioner may delegate any of the following
20                  powers or duties of the Commissioner --
                      (a) to approve a form under section 46 or 49; or
                     (b) a power or duty under section 10A, 47(1)(b),
                           58, 63(2)(a) or 80,
                    as is specified in the delegation, to --
25                    (c) an officer of the Department; or
                      (d) a police officer who is specified, or is of a rank
                             specified, in the delegation.
              (2)   The Commissioner may delegate any power or duty of
                    the Commissioner under section 67, 67A or 81 as is
30                  specified in the delegation, to an officer of the
                    Department.

     page 8
                Security and Related Activities (Control) Amendment Bill 2007
         Amendments to the Security and Related Activities (Control)   Part 2
                                                           Act 1996

                                                                             s. 11


               (3)     The delegation must be in writing signed by the
                       Commissioner.
               (4)     A person to whom a power or duty is delegated under
                       this section cannot delegate that power or duty.
 5             (5)     A person exercising or performing a power or duty that
                       has been delegated to the person under this section, is
                       to be taken to do so in accordance with the terms of the
                       delegation unless the contrary is shown.
               (6)     Nothing in this section limits the ability of the
10                     Commissioner to perform a function through an officer
                       or agent.
                                                                                  ".

     11.       Section 10 amended
               Section 10(1)(a) is amended by inserting after "type" --
15             "     and, where relevant, the class,   ".

     12.       Section 10A inserted
               After section 10 the following section is inserted in Part 2 --
     "
            10A.       Information relevant to section 79A may be given to
20                     holder of agent's licence
                       The Commissioner may, by notice in writing given to a
                       person who holds an agent's licence, inform that
                       person that section 79A(2) applies in respect of an
                       employee of that person.
25                                                                                ".

     13.       Section 11 amended
               Section 11 is amended as follows:
                (a) at the end of paragraph (a) by inserting --
                      " or ";

                                                                           page 9
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 14


                    (b)       at the end of paragraph (c) by deleting the full stop and
                              inserting instead --
                          "
                                    ; or
 5                            (d)   security bodyguards.
                                                                                          ".

     14.         Section 13 amended
                 Section 13 is amended as follows:
                  (a) by inserting after "who" --
10                      " carries out all, or any, of the following activities        ";
                  (b) by deleting "or" after paragraph (a).

     15.         Section 14 amended
                 Section 14(1) is amended as follows:
                   (a) by inserting after "repairs" --
15                      " all, or any, of the following ";
                  (b) by deleting "or" after paragraph (f).

     16.         Section 14A inserted
                 After section 14 the following section is inserted in
                 Division 1 --
20   "
             14A.         Definition of "security bodyguard"
                          A security bodyguard is a person who for remuneration
                          escorts another person as a guard or protector.
                                                                                          ".

25   17.         Section 17 amended
           (1)   Section 17 is amended by inserting before "A" the subsection
                 designation "(1)".



     page 10
                Security and Related Activities (Control) Amendment Bill 2007
         Amendments to the Security and Related Activities (Control)   Part 2
                                                           Act 1996

                                                                                     s. 18


           (2)       The penalty provision at the end of section 17 is deleted and the
                     following is inserted instead --
                 "
                     (2)   A person must not carry out such activities of a
 5                         security consultant that a person holding a particular
                           class of security consultant's licence is authorised to
                           carry out except under the authority of a security
                           consultant's licence of that class.
                           Penalty: a fine of $15 000.
10                                                                                       ".

     18.             Section 18 amended
           (1)       Section 18 is amended by inserting before "A" the subsection
                     designation "(1)".
           (2)       The penalty provision at the end of section 18 is deleted and the
15                   following is inserted instead --
                 "
                     (2)   A person must not carry out such activities of a
                           security installer that a person holding a particular class
                           of security installer's licence is authorised to carry out
20                         except under the authority of a security installer's
                           licence of that class.
                           Penalty: a fine of $15 000.
                                                                                         ".
     19.             Section 18A inserted
25                   After section 18 the following section is inserted --
     "
             18A.          Security bodyguards to be licensed
                           A person must not act as a security bodyguard except
                           under the authority of a security bodyguard's licence.
30                         Penalty: a fine of $15 000.
                                                                                         ".

                                                                                  page 11
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 20


     20.           Section 19 amended
           (1)     Section 19(1) is amended as follows:
                     (a) at the end of paragraph (a) by inserting --
                          " or ";
 5                  (b) at the end of paragraph (c) by deleting the comma and
                          inserting instead --
                       "
                                 ; or
                          (d) security bodyguard,
10                                                                                     ";
                     (c)    by deleting "and that security agent is specified in the
                            person's licence under section 59".
           (2)     Section 19(2) is amended by deleting "holds the relevant licence
                   referred to in section 16, 17 or 18." and inserting instead --
15                 "
                           is acting under the authority of a licence referred to in
                           section 16, 17, 18 or 18A, as is relevant.
                                                                                       ".

     21.           Section 20 replaced
20                 Section 20 is repealed and the following section is inserted
                   instead --
     "
             20.           Unlicensed person not to be employed as security
                           officer etc.
25                 (1)     A person must not employ as a --
                            (a) security officer a person who does not hold a
                                  security officer's licence; or
                            (b) security consultant a person who does not hold
                                  a security consultant's licence; or
30                          (c) security installer a person who does not hold a
                                  security installer's licence; or

     page 12
             Security and Related Activities (Control) Amendment Bill 2007
      Amendments to the Security and Related Activities (Control)   Part 2
                                                        Act 1996

                                                                                s. 22


                       (d)   security bodyguard a person who does not hold
                             a security bodyguard's licence.
            (2)       A person must not employ a person to carry out any
                      activity as a security officer, security consultant,
 5                    security installer or security bodyguard unless the
                      person holds a licence authorising the person to carry
                      out the activities the person is employed to carry out.
                      Penalty: a fine of $15 000.
                                                                                  ".

10   22.    Section 21 amended
            Section 21(1) is amended as follows:
              (a) at the end of paragraph (a) by inserting --
                   " or ";
             (b) at the end of paragraph (c) by deleting the comma and
15                 inserting instead --
                  "
                             ; or
                       (d)   security bodyguards,
                                                                                  ".

20   23.    Section 23 amended
            Section 23 is amended as follows:
             (a) after paragraph (a) by deleting "or" and inserting
                   instead --
                   " and ";
25           (b) by deleting from paragraph (b) to "it is subject." and
                   inserting instead --
                  "
                       (b)   he or she complies with --
                                (i)   the terms of the endorsement and any
30                                    permit held by the officer under
                                      section 25; and

                                                                           page 13
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 24


                                        (ii)   any condition or restriction to which the
                                               endorsement or permit is subject.
                                                                                           ".

     24.              Section 24 amended
 5                    Section 24(5)(b) is amended by deleting "periodical medical
                      examinations of a kind specified in the regulations." and
                      inserting instead --
                               "
                                       prescribed medical examinations in prescribed
10                                     circumstances or at prescribed times.
                                                                                           ".

     25.              Section 25 amended
           (1)        Section 25(1) is amended by inserting after "protecting" --
                      "     money or     ".
15         (2)        After section 25(1) the following subsection is inserted --
                 "
                     (1a)    A permit under this section may be issued only to a
                             security officer whose licence is endorsed under
                             section 24.
20                                                                                         ".

     26.              Section 31 amended
                      Section 31(1) is amended by deleting "and that inquiry agent is
                      specified in the person's licence under section 59".

     27.              Section 38 amended
25                    Section 38(1) is amended by deleting "and that crowd control
                      agent is specified in the person's licence under section 59".




     page 14
                Security and Related Activities (Control) Amendment Bill 2007
         Amendments to the Security and Related Activities (Control)   Part 2
                                                           Act 1996

                                                                                 s. 28


     28.         Section 41 amended
           (1)   Section 41(1) is amended by inserting after "armed" --
                 "     security   ".
           (2)   Section 41(2) is amended as follows:
 5                 (a) by inserting after "armed" --
                        " security ";
                  (b) by deleting "that person's guard" and inserting
                        instead --
                        " a guard ".

10   29.         Part 6A inserted
                 After section 42 the following Part is inserted --
     "
                         Part 6A -- Temporary licences for
                                 interstate visitors
15           42A.        Temporary licence -- security activities
                 (1)     A person who ordinarily resides in another State or
                         Territory may apply, in accordance with section 46, for
                         a licence (a "temporary licence") to carry out in
                         Western Australia any activity, or activities, as a crowd
20                       controller, investigator, security bodyguard, security
                         consultant, security officer or security installer that
                         may be authorised under this Act.
                 (2)     A temporary licence --
                          (a) is to be granted for such period of time of not
25                             more than one year as is specified in the
                               licence; and
                          (b) is not renewable.




                                                                              page 15
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 30


                 (3)     The holder of a temporary licence under this section
                         does not commit an offence under this Act while acting
                         under and in accordance with that licence.

             42B.        Temporary licence -- agent services
 5               (1)     A person who ordinarily resides in another State or
                         Territory may apply, in accordance with section 46, for
                         a licence (a "temporary licence") to supply in
                         Western Australia any service, or services, as a security
                         agent, inquiry agent or crowd control agent that may be
10                       authorised under this Act.
                 (2)     A temporary licence --
                          (a) is to be granted for such period of time of not
                               more than one year as is specified in the
                               licence; and
15                        (b) is not renewable.
                 (3)     The holder of a temporary licence under this section
                         does not commit an offence under this Act while acting
                         under and in accordance with that licence.
                                                                                     ".

20   30.         Section 46 amended
                 Section 46(1) is amended as follows:
                   (a) after paragraph (a) by inserting --
                        " and ";
                  (b) in paragraph (c) by deleting "prescribed fee." and
25                      inserting instead --
                        " fee prescribed in respect of the licence. ".

     31.         Section 47 amended
           (1)   Section 47(1) is amended by inserting after "issue of a
                 licence" --
30               "     , other than a temporary licence,   ".

     page 16
            Security and Related Activities (Control) Amendment Bill 2007
     Amendments to the Security and Related Activities (Control)   Part 2
                                                       Act 1996

                                                                                   s. 31


      (2)        Section 47(1)(a) is deleted and the following paragraph is
                 inserted instead --
                      "
                         (a) such evidence as is prescribed of the age and
 5                             identity of the applicant;
                                                                                     ".
      (3)        Section 47(1)(c) is deleted and the following paragraph is
                 inserted instead --
                     "
10                       (c) testimonials as to the applicant's character from
                               2 persons who have known the applicant for the
                               whole of the 5 year period before the
                               application was made;
                                                                                     ".
15    (4)        Section 47(1)(f) is amended as follows:
                   (a)    in subparagraph (i) by deleting "prescribed course of
                          training;" and inserting instead --
                                     "
                                        course of training prescribed in respect
20                                      of the licence;
                                                                                     ";
                  (b)     in subparagraph (ii) by deleting "prescribed test or
                          examination;" and inserting instead --
                                     "
25                                       test or examination prescribed in respect
                                         of the licence;
                                                                                     ".
      (5)        After section 47(2) the following subsections are inserted --
            "
30              (2a)     An application for the issue of a temporary licence is to
                         be accompanied by --
                           (a) such evidence as is prescribed of the age and
                                identity of the applicant; and

                                                                              page 17
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                        (b)   evidence that the person is licensed or
                              registered or otherwise authorised in his or her
                              State or Territory of residence to carry out the
                              activity or activities for which the licence is
 5                            sought; and
                        (c)   other evidence of a nature or in a form that is
                              prescribed.
               (2b)   If requested by a licensing officer to do so, the
                      applicant must do everything that is, in the opinion of
10                    the licensing officer, within the applicant's power to
                      procure or facilitate the release to the licensing officer
                      of all information held by a relevant body concerning
                      relevant conduct by --
                        (a) the applicant; or
15                      (b) a natural person who is relevant to the
                               application under section 56.
               (2c)   Subsection (2b) applies in respect of an applicant even
                      if the application for the licence was made before the
                      commencement of the Security and Related Activities
20                    (Control) Amendment Act 2007 section 31, unless the
                      application has been refused, or the licence issued,
                      before that time.
                                                                                   ".
        (6)     Section 47(3) is amended as follows:
25                (a) by inserting after "information" --
                       " and evidence ";
                 (b) by deleting the full stop at the end of the subsection and
                       inserting instead --
                "
30                    , including all or any of the following --
                         (a) further information and evidence that the
                               licensing officer reasonably needs to establish
                               the applicant's identity;

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                       (b)    if the applicant is a relevant applicant,
                              information as to all or any of the following --
                                 (i) the country, or countries, in which the
                                      applicant has spent time during the
 5                                    period of 5 years commencing
                                      immediately before the making of the
                                      application;
                                (ii) the length of time the applicant spent in
                                      that country, or those countries;
10                             (iii) the reason why the applicant spent time
                                      in that country, or those countries;
                               (iv) the persons that the applicant associated
                                      with in that country, or those countries;
                                (v) the background, and the reputation,
15                                    honesty and integrity of, any such
                                      persons;
                        (c)   if the applicant is a relevant applicant, a record
                              of the criminal convictions, if any, of the
                              applicant for offences under the law of any
20                            country, or countries, in which the applicant
                              spent time during the period of 5 years
                              commencing immediately before the making of
                              the application, provided by a competent
                              authority of the government of that country.
25                                                                               ".
      (7)       After section 47(3) the following subsection is inserted --
            "
                (4)   In subsection (3) --
                      "relevant applicant" means an applicant who --
30                         (a) has spent more than 12 consecutive months
                                 outside Australia during the period of 5 years
                                 commencing immediately before the making
                                 of the application; or

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                                  (b)     has not been a resident of Australia for the
                                          whole of the period of 5 years commencing
                                          immediately before the making of the
                                          application.
 5                                                                                          ".

     32.              Section 48 amended
           (1)        Section 48(1) is amended as follows:
                        (a) by deleting "A licensing" and inserting instead --
                             " Subject to subsection (1a), a licensing ";
10                     (b) by deleting paragraphs (a) to (d) and "and" after
                             paragraph (c) and inserting the following paragraphs
                             instead --
                            "
                                (a)     a person who has applied for a licence; or
15                              (b)     a person who has applied for --
                                           (i) the renewal of a licence; or
                                          (ii) a permit under section 25; or
                                         (iii) an endorsement under section 24 or 26,
                                        if the person has not previously had his or her
20                                      fingerprints and palm prints taken under this
                                        section, or if such prints previously taken under
                                        this section have been destroyed at the person's
                                        election.
                                                                                            ".
25         (2)        After section 48(1) the following subsection is inserted --
                 "
                     (1a)   A requirement under subsection (1) may be made
                            orally if the person is present at the place where the
                            fingerprints and palm prints are to be taken.
30                                                                                          ".



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      (3)        Section 48(2) is amended by deleting "such a requirement" and
                 inserting instead --
                 "     a requirement under subsection (1)    ".
      (4)        After section 48(2) the following subsections are inserted --
 5          "
                (2a)     An application --
                            (a) for the issue of a licence, permit or
                                  endorsement; or
                           (b) for the renewal of a licence,
10                       is to set out an election to be made by the applicant as
                         to whether any fingerprints and palm prints taken from
                         the applicant under this section, and any copy of
                         them --
                            (c) can be kept by the Commissioner indefinitely;
15                                or
                           (d) are to be dealt with in accordance with
                                  subsections (3) and (4).
                (2b)     The fingerprints and palm prints of an applicant who
                         makes an election referred to in subsection (2a)(c) are
20                       to be kept by the Commissioner in accordance with that
                         election and, unless the applicant subsequently changes
                         the election, subsections (3) and (4) do not apply in
                         respect of those prints or copies.
                (2c)     Before making an election referred to in
25                       subsection (2a) the applicant is to be informed as to the
                         following matters --
                           (a) that the prints taken may be compared with or
                                 put in a forensic database, within the meaning
                                 of the Criminal Investigation (Identifying
30                               People) Act 2002;
                           (b) that the prints taken may provide evidence that
                                 could be used in court against the applicant;

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                                (c)   that the applicant may subsequently change an
                                      election made under subsection (2a) by
                                      notifying the Commissioner;
                                (d)   that the applicant may get legal advice before
 5                                    deciding whether or not to have the prints taken
                                      and making an election under subsection (2a);
                                (e)   such other matters as may be prescribed.
                     (2d)     The information in subsection (2c) may be provided in
                              writing.
10                                                                                        ".
           (5)        Section 48(3) is amended by deleting "The" and inserting
                      instead --
                      "     If an election is made under subsection (2a)(d), then the     ".
           (6)        After section 48(4) the following subsection is inserted --
15               "
                      (5)     If a person subsequently changes an election made
                              under subsection (2a) and elects that prints taken are to
                              be dealt with in accordance with subsections (3) and
                              (4), and the time for destroying the prints under those
20                            provisions has already passed, the Commissioner is to
                              cause the prints and any copy of them to be destroyed
                              as soon as is practicable after the election is changed.
                                                                                          ".

     33.              Section 49 amended
25                    Section 49(1) is amended as follows:
                        (a) after paragraph (a) by inserting --
                             " and ";
                       (b) in paragraph (c) by deleting "prescribed fee." and
                             inserting instead --
30                           " fee prescribed in respect of the licence. ".


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     34.             Section 50 amended
           (1)       Section 50 is amended by inserting before "An" the subsection
                     designation "(1)".
           (2)       At the end of section 50 the following subsections are
 5                   inserted --
                 "
                     (2)       If requested by a licensing officer to do so, an applicant
                               for renewal of a licence must do everything that is, in
                               the opinion of the licensing officer, within the
10                             applicant's power to procure or facilitate the release to
                               the licensing officer of all information held by a
                               relevant body concerning relevant conduct by --
                                 (a) the applicant; or
                                 (b) a natural person who is relevant to the
15                                      application under section 56.
                     (3)       Subsection (2) applies to an application lodged before,
                               on or after the day on which the Security and Related
                               Activities (Control) Amendment Act 2007 section 34,
                               comes into operation unless the application has been
20                             refused, or the licence renewed, before that time.
                                                                                            ".

     35.             Section 52 amended
           (1)       Section 52 is amended as follows:
                      (a) by inserting before "A licensing" the subsection
25                          designation "(1)";
                      (b) by inserting after "issue a licence" --
                            " , other than a temporary licence, ";
                      (c) by inserting after paragraph (c) the following --
                           "
30                             (ca)    that the applicant is not a prohibited person;
                                       and

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     s. 35


                          (cb)    where there is a charge pending in relation to
                                  the applicant for a disqualifying offence, that
                                  extenuating circumstances exist; and
                                                                                     ";
 5                 (d)     in paragraph (g)(i) by deleting "prescribed course of
                           training;" and inserting instead --
                                   "
                                         course of training prescribed in respect
                                         of the licence;
10                                                                                   ";
                   (e)     in paragraph(g)(ii) by deleting "prescribed test or
                           examination;" and inserting instead --
                                   "
                                         test or examination prescribed in respect
15                                       of the licence;
                                                                                     ";
                    (f)    after each of paragraphs (a) to (c) and (d) to (i) by
                           inserting --
                           " and ".
20      (2)       At the end of section 52 the following subsections are
                  inserted --
              "
                  (2)     A licensing officer is not to issue a temporary licence
                          unless the officer is satisfied --
25                          (a) that there is sufficient evidence of the
                                  applicant's identity; and
                            (b) that the applicant is not a prohibited person;
                                  and
                            (c) where there is a charge pending in relation to
30                                the applicant for a disqualifying offence, that
                                  extenuating circumstances exist; and



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                                                                              s. 36


                       (d)   that the person is licensed or registered or
                             otherwise authorised in his or her State or
                             Territory of residence to carry out the activity
                             or activities for which the licence is sought; and
 5                     (e)   that the application complies with such other
                             requirements as may be prescribed; and
                       (f)   that there is no other good reason why the
                             licence should not be issued.
               (3)   Section 52A and subsection (1)(b) and (c) do not limit
10                   the matters that a licensing officer may take into
                     consideration for the purposes of subsection (1).
                                                                                  ".

     36.       Section 52A inserted
               After section 52 the following section is inserted --
15   "
            52A.     Matters to be taken into account in deciding
                     whether to issue licence
               (1)   In deciding whether, under section 52(1)(c), an
                     applicant is of good character and is a fit and proper
20                   person to hold a licence, the licensing officer must take
                     into consideration --
                       (a) the reputation, honesty and integrity of --
                               (i) the applicant; and
                              (ii) where the licence is to be held on behalf
25                                   of a partnership or body corporate, the
                                     partners of the partnership and the
                                     officers of the body corporate;
                             and
                       (b) the reputation, honesty and integrity of people
30                           with whom --
                               (i) the applicant associates; and



                                                                           page 25
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                                       (ii)   where the licence is to be held on behalf
                                              of a partnership or body corporate, the
                                              partners of the partnership and the
                                              officers of the body corporate associate.
 5                 (2)     A licence can be issued only if the licensing officer is
                           satisfied that to issue the licence to the applicant would
                           not be contrary to the public interest.
                                                                                          ".

     37.           Section 53 amended
10         (1)     Section 53(2) is amended by deleting "prescribed course of
                   training" and inserting instead --
                   "     course of training prescribed in respect of the licence    ".
           (2)     Section 53(1), (2) and (3) are amended by deleting "52(g)(i)" in
                   each place where it occurs and inserting instead --
15                 "     52(1)(g)(i)     ".

     38.           Section 54 repealed
                   Section 54 is repealed.

     39.           Section 55 replaced
                   Section 55 is repealed and the following section is inserted
20                 instead --
     "
             55.           Refusal of renewal
                   (1)     Subject to subsection (2), a licensing officer is not to
                           renew an applicant's licence --
25                           (a) if in the officer's opinion there are sufficient
                                   grounds --
                                     (i) to make an allegation to the State
                                          Administrative Tribunal under
                                          section 67(1) in respect of the applicant;
30                                        or

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                                                                                         s. 40


                                         (ii)   for the exercise of the power to revoke
                                                the licence under section 67A(1)(a) or
                                                81(1); or
                                        (iii)   for the exercise of the power to suspend
 5                                              the licence under section 67A(2);
                                  or
                             (b) if the officer is satisfied that the applicant is a
                                  prohibited person.
                 (2)       Despite subsection (1)(a)(i), a licensing officer may
10                         renew an applicant's licence if --
                             (a)        the allegation that may be made under
                                        section 67(1) is that there is proper cause for
                                        disciplinary action as mentioned in
                                        section 67(1a)(c), (d) or (e); and
15                           (b)        the licensing officer is of the opinion that it is
                                        appropriate to do so in the circumstances of the
                                        particular case.
                                                                                             ".
     40.         Section 56 amended
20         (1)   Section 56 is amended by deleting "52" and inserting instead --
                 "     52(1)       ".
           (2)   Section 56(d) is deleted and the following paragraph is inserted
                 instead --
                       "
25                          (d)         a person who would have a substantial holding
                                        in the body corporate under the definition of
                                        "substantial holding" in the Commonwealth
                                        Corporations Act 2001 section 9 if the
                                        reference in that definition to 5% were a
30                                      reference to 25%.
                                                                                             ".




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           (3)   Section 56 is amended by inserting at the end of each of
                 paragraphs (a) and (b) --
                 "   and   ".

     41.         Section 59 repealed
 5               Section 59 is repealed.

     42.         Section 60 amended
                 Section 60 is amended as follows:
                  (a) by deleting "section 67," and inserting instead --
                        " this Act, ";
10                (b) by deleting "or when the prospective licensee requests a
                        shorter period of licence, a licence shall be issued or
                        renewed for a period of 3 years." and inserting
                        instead --
                 "
15                     , a licence shall be issued or renewed --
                          (a) for a period of 3 years, or such shorter period as
                                is requested; or
                         (b) for the duration of a special event or events,
                       as is specified in the licence.
20                                                                                 ".

     43.         Section 61 amended
                 Section 61(2) is amended as follows:
                   (a) in paragraph (a) by inserting after "a" --
                        " compliance officer or a ";
25                (b) in the penalty provision by inserting before "$200" --
                        " a fine of ".




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                                                                                 s. 44


     44.         Heading to Part 7 Division 4 amended
                 The heading to Part 7 Division 4 is amended by deleting
                 "against licensees".

     45.         Section 66A inserted
 5               Before section 67 the following section is inserted in Part 7
                 Division 4 --
     "
             66A.      Interpretation
                       In this Division --
10                     "licensee" includes a person referred to in
                            section 67(1)(b).
                                                                                   ".

     46.         Section 67 amended
           (1)   Section 67(1) is amended by deleting "against a licensee." and
15               inserting instead --
                 "
                       against a person who --
                         (a) holds a licence; or
                         (b) held a licence when the conduct giving rise to
20                             the allegation occurred but who no longer holds
                               a licence.
                                                                                   ".
           (2)   Section 67(1a) is amended as follows:
                   (a) in paragraph (a) --
25                         (i) by deleting "no longer meets" and inserting
                                instead --
                                " does not meet ";
                          (ii) by deleting "52(c)," and inserting instead --
                                " 52(1)(c), ";

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                (b)    in paragraph (b) --
                          (i) by deleting "no longer" and inserting instead --
                                " does not ";
                         (ii) by deleting "52(c)," and inserting instead --
 5                              " 52(1)(c), ";
                (c)    at the end of paragraph (e) by deleting the full stop and
                       inserting instead --
                       "
                              ; or
10                      (f) it would be contrary to the public interest if the
                              licensee were to continue to be licensed.
                                                                                   ";
                (d)    at the end of paragraphs (a), (b) and (c) by inserting --
                       "   or   ".
15      (3)    Section 67(2) is amended by deleting "Tribunal may revoke the
               licence of the licensee or cancel an endorsement on the licence
               under section 24 or 26." and inserting instead --
               "
                      Tribunal --
20                     (a) may --
                                (i) revoke the licence of the licensee; or
                               (ii) cancel an endorsement on the licence
                                     under section 24 or 26; or
                              (iii) suspend the operation of the licence for
25                                   a particular period;
                             and
                       (b) if an order is made under paragraph (a), or the
                             licensee is a person referred to in
                             subsection (1)(b), order that the licensee be
30                           disqualified from holding --
                                (i) a licence, or a licence of a particular
                                     type or class; or

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                                                                                 s. 47


                                (ii)   a licence, or a licence of a particular
                                       type or class, that is endorsed under
                                       section 24 or 26,
                               for a particular period not exceeding 3 years.
 5                                                                                 ".
           (4)   Section 67(3), (3a), (3b) and (4) are repealed.

     47.         Sections 67A and 67B inserted
                 After section 67 the following sections are inserted --
     "
10           67A.      Summary power to revoke and suspend licences
                 (1)   If the Commissioner --
                          (a) is of the opinion that the safety or welfare of
                               members of the public is or may be at risk from
                               the continuance in force of a licence; or
15                        (b) is satisfied that a licensee is a prohibited
                               person,
                       the Commissioner must give to the licensee written
                       notice of the revocation of the licence or, if
                       paragraph (b) is applicable, of every licence held by the
20                     licensee --
                          (c) stating the grounds on which the revocation is,
                               or revocations are, made; and
                          (d) in the case of the grounds set out in
                               paragraph (a), advising that the Commissioner
25                             will refer the matter to the State Administrative
                               Tribunal within 14 days of the making of the
                               notice,
                       and the licence, or licences, held by the licensee are
                       revoked when the notice is received by the licensee.




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               (2)   If the Commissioner is satisfied that --
                        (a) a security officer whose licence is endorsed
                             under section 24 has, without reasonable
                             excuse, refused or failed to undergo a
 5                           prescribed medical examination or in any way
                             obstructed the examination; or
                        (b) a licensee has, without reasonable excuse,
                             refused or failed to comply with a request made
                             under section 68A(2); or
10                      (c) there is a charge pending in relation to a
                             licensee for a disqualifying offence and that no
                             extenuating circumstances exist,
                     the Commissioner must give to the licensee written
                     notice of the suspension of every licence held by the
15                   licensee --
                        (d) stating that the licence is, or licences are,
                             suspended under this subsection and --
                                 (i) if the suspension is, or suspensions are,
                                     under paragraph (a), giving details of
20                                   the prescribed medical examination; or
                                (ii) if the suspension is, or suspensions are,
                                     under paragraph (b), giving details of
                                     the request made under section 68A(2);
                                     or
25                             (iii) if the suspension is, or suspensions are,
                                     under paragraph (c), referring to the
                                     charge on which the decision was based;
                             and
                        (e) stating --
30                               (i) the period of time for which the licence,
                                     or licences, are suspended; or
                                (ii) that the suspension is, or suspensions
                                     are, until the occurrence of a specified
                                     event;

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                         and
                   (f) advising that the Commissioner will refer the
                         matter to the State Administrative Tribunal
                         within 14 days of the making of the notice,
 5               and the licence is, or licences are, suspended when the
                 notice is received by the licensee.
           (3)   If a licence is revoked or suspended under
                 subsection (1)(a) or (2), the Commissioner may also, in
                 the notice of revocation, disqualify the licensee from
10               holding --
                   (a)   a licence, or a licence of a particular type or
                         class; or
                   (b)   a licence, or a licence of a particular type or
                         class, that is endorsed under section 24 or 26,
15               from when the notice is received by the licensee until
                 such time as is specified in the notice, being a period
                 not exceeding 3 years.
           (4)   Within 14 days of a notice being given under
                 subsection (1)(a) or (2) the Commissioner must --
20                 (a) refer the matter in respect of which the notice
                         was given to the State Administrative Tribunal;
                         and
                   (b) ensure that any other proceedings under this
                         Division in respect of the matter commenced
25                       before the notice was given are discontinued.
           (5)   For the purposes of subsections (1) and (2), if a notice
                 is sent by post to the address for service provided by
                 the person under section 47(2), it is to be presumed,
                 unless the contrary is shown, to have been received by
30               the person at the time when, in the ordinary course of
                 events, it would have been delivered.




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     s. 48


             67B.    Return of revoked licence and identity card
                     A person whose licence has been revoked or suspended
                     must comply with any directions given by a licensing
                     officer in relation to delivering up the licence and the
 5                   identity card issued to the person.
                     Penalty: a fine of $2 000.
                                                                                  ".

     48.       Section 68A inserted
               After section 68 the following section is inserted --
10   "
             68A.    Consent to release information
               (1)   In this section --
                     "relevant person", in relation to a licensee, means --
                          (a) the licensee; or
15                        (b) if the licensee holds the licence on behalf of
                                a partnership, a partner in the partnership; or
                          (c) if the licensee holds the licence on behalf of
                                a body corporate --
                                   (i) an officer of the body corporate; or
20                                (ii) a person who would have a
                                       substantial holding in the body
                                       corporate under the definition of
                                       "substantial holding" in the
                                       Commonwealth Corporations
25                                     Act 2001 section 9 if the reference in
                                       that definition to 5% were a reference
                                       to 25%.
               (2)   If requested by a licensing officer to do so, a licensee
                     must do everything that is, in the opinion of the
30                   licensing officer, within the licensee's power to
                     procure or facilitate release to the licensing officer of


     page 34
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                                                                                           s. 49


                                all information held by a relevant body concerning
                                relevant conduct by a relevant person.
                      (3)       A licensee must comply with a request made under
                                subsection (2) within the period of time specified in
 5                              writing by the licensing officer, being a period of time
                                not less than 7 days.
                                                                                             ".

     49.              Section 69 amended
           (1)        Section 69(1) is amended as follows:
10                      (a) by deleting "Where a licensee is convicted by any court
                             of an offence against this Act, the court may, in addition
                             to any penalty imposed or order made in respect of the
                             conviction --" and inserting instead --
                      "
15                              Where a finding of guilt has been made by a court in
                                respect of an offence against this Act, or any other Act,
                                committed by a licensee the court may, in addition to
                                any penalty imposed or order made in respect of the
                                matter --
20                                                                                           ";
                          (b)    by inserting after paragraph (a) the following --
                            "
                                        or
                                (aa)    suspend the operation of the licence for any
25                                      period specified in the order; or
                                                                                             ".
           (2)        After subsection (1) the following subsection is inserted --
                 "
                     (1a)       Subsection (1) does not apply in relation to a
30                              disqualifying offence.
                                                                                             ".


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     s. 50


           (3)       After section 69(2) the following subsection is inserted --
                 "
                     (3)     When making an order under subsection (1)(a) the
                             court may, if it thinks fit, order that the licensee be
 5                           disqualified from holding --
                               (a) a licence, or a licence of a particular type or
                                     class; or
                               (b) a licence, or a licence of a particular type or
                                     class, that is endorsed under section 24 or 26,
10                           for a particular period not exceeding 3 years.
                                                                                         ".

     50.             Section 72 amended
                     Section 72(2) is amended in the definition of "reviewable
                     decision" as follows:
15                     (a) in paragraph (c) by inserting after "licence" --
                             " , a permit under section 25 ";
                       (b) by inserting after paragraph (c) --
                             "
                                  (ca)   to refuse to issue a permit under section 25;
20                                       or
                                  (cb)   as to the period for which a permit under
                                         section 25 is issued; or
                                                                                         ";
                       (c)       in paragraph (d) by inserting after "revoke" --
25                               " or suspend ";
                      (d)        after each of paragraphs (a) to (c) by inserting --
                                 " or ".

     51.             Section 73 repealed
                     Section 73 is repealed.


     page 36
             Security and Related Activities (Control) Amendment Bill 2007
      Amendments to the Security and Related Activities (Control)   Part 2
                                                        Act 1996

                                                                                 s. 52


     52.         Section 75 amended
                 Section 75 is amended by inserting after "force," --
                 "    , a compliance officer or a licensing officer,   ".
     53.         Section 76 amended
 5               Section 76(b) is amended as follows:
                  (a) at the end of paragraph (b) by deleting the comma and
                        inserting instead --
                        "
                               ; or
10                       (c) has been surrendered in accordance with the
                               regulations,
                                                                                      ";
                     (b)   by deleting "as soon as is practicable after the expiry or
                           termination of the licence, deliver to the Commissioner"
15                         and inserting instead --
                           "
                                 , in accordance with the regulations, deliver to a
                                 licensing officer
                                                                                      ".
20   54.         Section 77 amended
           (1)   Section 77(1) is amended by deleting "give to the
                 Commissioner" and inserting instead --
                 "
                       , in accordance with the regulations, give to a licensing
25                     officer
                                                                                      ".
           (2)   Section 77(2) is amended by deleting "give to the
                 Commissioner" and inserting instead --
                 "
30                     , in accordance with the regulations, give to a licensing
                       officer
                                                                                      ".

                                                                              page 37
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 55


     55.       Section 77A inserted
               After section 77 the following section is inserted --
     "
             77A.    Licensee to give notice about offences
 5             (1)   A licensee must give to a licensing officer written
                     notice within 7 days after --
                       (a) being charged with a disqualifying offence; or
                       (b) there has been a finding of guilt in relation to
                             an offence committed by the licensee,
10                   setting out details of the charge, offence, conviction,
                     finding or plea.
                     Penalty: a fine of $2 000.
               (2)   As soon as is possible after receiving notice under this
                     section, the licensing officer to whom the notice was
15                   given is to consider the notice and any other
                     information he or she considers relevant and take such
                     action as he or she considers appropriate, including to
                     refer the matter to the Commissioner as to either or
                     both of the following matters --
20                     (a) whether the licence of the person should be
                             revoked or suspended under section 67A;
                       (b) whether an allegation should be made under
                             section 67(1).
                                                                                ".

25   56.       Section 78 amended
               Section 78(2) is amended by deleting "notify the
               Commissioner" and inserting instead --
               "
                     , in accordance with the regulations, notify a licensing
30                   officer
                                                                                ".

     page 38
                Security and Related Activities (Control) Amendment Bill 2007
         Amendments to the Security and Related Activities (Control)   Part 2
                                                           Act 1996

                                                                                s. 57


     57.       Section 79A inserted
               After section 79 the following section is inserted in Part 8 --
     "
            79A.     Certain unlicensed persons not to be employed in an
 5                   agent's business
               (1)   In subsection (1) --
                     "employ", in relation to the holder of an agent's
                          licence, includes --
                          (a) to have working in any capacity in the
10                              business that the person carries out under the
                                agent's licence; and
                          (b) to provide remuneration or pay for that work,
                                whether by the person who holds the agent's
                                licence or by another person with the
15                              agreement of the person who holds the
                                agent's licence.
               (2)   A person who holds an agent's licence is not to employ
                     in any capacity in the business that the person carries
                     out under the licence a person --
20                     (a) who is unlicensed; and
                       (b)   to whom the grant, or renewal, of a licence has
                             been refused, or whose licence is suspended or
                             revoked.
                     Penalty: a fine of $15 000.
25             (3)   It is a defence to a charge of an offence under
                     subsection (2) to prove that the defendant did not
                     know, and could not by the exercise of reasonable
                     diligence have found out, that subsection (2) applies in
                     respect of a person.
30                                                                                ".




                                                                         page 39
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 58


     58.         Heading to Part 9 amended
                 The heading to Part 9 is amended by deleting "of licensed
                 crowd controllers".

     59.         Section 79B inserted
 5               Before section 80 the following section is inserted in Part 9 --
     "
             79B.      Interpretation
                       In this Part --
                       "licensee" means the holder of --
10                          (a) a crowd controller's licence; or
                            (b) a security officer's licence with an
                                  endorsement under section 24 or 26; or
                            (c) a security officer's licence and a permit
                                  under section 25.
15                                                                                  ".

     60.         Section 80 amended
           (1)   Section 80(1) is amended by deleting "the holder of a crowd
                 controller's licence" and inserting instead --
                 "   a licensee   ".
20         (2)   Section 80(5) is repealed.

     61.         Section 81 amended
           (1)   Section 81(1) is amended by deleting "A licensing officer may
                 revoke a crowd controller's" and inserting instead --
                 "
25                     The Commissioner may, by written notice to a
                       licensee, revoke a
                                                                               ".


     page 40
            Security and Related Activities (Control) Amendment Bill 2007
     Amendments to the Security and Related Activities (Control)   Part 2
                                                       Act 1996

                                                                                  s. 61


      (2)        Section 81(2) is repealed and the following subsections are
                 inserted instead --
            "
                 (2)   If a licence is revoked under subsection (1), the
 5                     Commissioner may also, in the notice of revocation,
                       disqualify the licensee from holding --
                         (a) a licence, or a licence of a particular type or
                                class; or
                         (b) a licence, or a licence of a particular type or
10                              class, that is endorsed under section 24 or 26,
                       for a period not exceeding 3 years.
                (2a)   Before taking action under this section, the
                       Commissioner must --
                        (a) give the licensee written notice of the intention
15                            to take the action, stating the grounds on which
                              the action is intended to be made and allowing
                              the licensee 21 days within which to respond to
                              the notice; and
                        (b) give due regard to any response to the notice
20                            within that time.
                (2b)   The Commissioner is to give to the licensee written
                       notice of the revocation, and if relevant the
                       disqualification, at least 14 days before the revocation
                       is to take effect --
25                        (a) stating the grounds on which the action is
                                taken; and
                         (b) stating when the revocation is to take effect;
                                and
                          (c) advising that the matter will be referred to the
30                              State Administrative Tribunal within 14 days of
                                the making of the notice.



                                                                             page 41
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 62


                 (2c)     Within 14 days of a notice of the revocation of a
                          licence being given under this section the
                          Commissioner must refer the matter in respect of
                          which the notice was given to the State Administrative
 5                        Tribunal.
                                                                                   ".
           (3)    Section 81(3) is amended --
                    (a) by deleting "a licensing officer" and inserting instead --
                         " the Commissioner "; and
10                 (b) by deleting "67(3)." and inserting instead --
                         " 67A(1). ".
           (4)    Section 81(4) is repealed.

     62.          Section 82 amended
                  Section 82 is amended by deleting "the holder of a crowd
15                controller's licence" and inserting instead --
                  "     a licensee   ".

     63.          Heading inserted
                  Before section 84 in Part 10 the following is inserted --
                  "     Division 1 -- Records ".
20   64.          Section 84 amended
                  Section 84 is amended by deleting "Penalty for an individual:
                  $5 000." and "Penalty for a body corporate: $10 000." and
                  inserting instead --
                  "     Penalty: a fine of $15 000.   ".

25   65.          Section 85 amended
                  Section 85(2) is amended by inserting before "a licensing
                  officer" --
                  "     a compliance officer,   ".

     page 42
                Security and Related Activities (Control) Amendment Bill 2007
         Amendments to the Security and Related Activities (Control)   Part 2
                                                           Act 1996

                                                                                  s. 66


     66.          Section 86 amended
                  Section 86(1) is amended by inserting before "a member of the
                  police force" --
                  "     a compliance officer, a licensing officer or   ".

 5   67.          Section 87 amended
                  Section 87 is amended by inserting before "a member of the
                  police force" --
                  "     a compliance officer, a licensing officer or   ".

     68.          Part 10 Division 2 inserted
10                Section 88 is repealed and the following is inserted instead --
     "
                               Division 2 -- Legal proceedings
            88.           Designated persons
                  (1)     In sections 88A and 88B --
15                        "designated person" means a person appointed under
                               subsection (2) to be a designated person for the
                               purposes of the provision in which the term is
                               used.
                  (2)     The Commissioner may, in writing, appoint persons or
20                        classes of persons to be designated persons for the
                          purposes of section 88A(2), (4) or 88B or for the
                          purposes of more than one of those provisions, but a
                          member of the police force, or a compliance officer,
                          who issues an infringement notice is not eligible to be a
25                        designated person for the purposes of any of those
                          provisions in relation to that notice.




                                                                               page 43
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 68


             88A.    Infringement notices
               (1)   A member of the police force, or a compliance officer,
                     who has reason to believe that a person --
                       (a) has committed a prescribed offence under this
 5                           Act; or
                       (b) is to be treated as having committed such an
                             offence by reason of section 89, 90 or 90A,
                     may, within 6 months after the alleged offence is
                     believed to have been committed, give an infringement
10                   notice to the alleged offender.
               (2)   An infringement notice must --
                      (a) be in the prescribed form; and
                      (b) contain a description of the alleged offence; and
                      (c) advise that if the alleged offender does not wish
15                           to be prosecuted for the alleged offence, the
                             amount of money specified in the notice as the
                             modified penalty for the offence may be paid to
                             a designated person within 28 days after the
                             date of the notice; and
20                    (d) inform the alleged offender how and where the
                             money may be paid.
               (3)   In an infringement notice the amount specified as the
                     modified penalty for the alleged offence must be the
                     amount that was the prescribed modified penalty at the
25                   time the alleged offence is believed to have been
                     committed.
               (4)   A designated person may, in a particular case, extend
                     the period of 28 days within which the modified
                     penalty may be paid and the extension may be allowed
30                   whether or not the period of 28 days has elapsed.




     page 44
            Security and Related Activities (Control) Amendment Bill 2007
     Amendments to the Security and Related Activities (Control)   Part 2
                                                       Act 1996

                                                                            s. 68


           (5)   The modified penalty that may be prescribed for an
                 offence is not to exceed 20% of the maximum penalty
                 that could be imposed for that offence by a court.

        88B.     Withdrawal of infringement notice
 5         (1)   A designated person may, whether or not the modified
                 penalty has been paid, withdraw an infringement notice
                 by giving to the alleged offender a notice in the
                 prescribed form stating that the infringement notice has
                 been withdrawn.
10         (2)   If an infringement notice is withdrawn after the
                 modified penalty has been paid, the amount paid must
                 be refunded.

        88C.     Benefit of paying modified penalty
                 If the modified penalty specified in an infringement
15               notice is paid within 28 days or any further time
                 allowed, and the notice has not been withdrawn, the
                 bringing of proceedings and the imposition of penalties
                 are prevented to the same extent as they would be if the
                 alleged offender had been convicted by a court of, and
20               punished for, the alleged offence.

        88D.     No admission implied by payment
                 The payment of a modified penalty is not to be
                 regarded as an admission for the purposes of any
                 proceedings, whether civil or criminal.

25      88E.     Application of penalties collected
                 An amount paid as a modified penalty is, subject to
                 section 88B(2), to be dealt with as if it were a penalty
                 imposed by a court as a penalty for an offence.
                                                                              ".




                                                                      page 45
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 69


     69.              Section 89 amended
                      After section 89(2) the following subsection is inserted --
                 "
                     (2a)   A partner or a body corporate may be proceeded
 5                          against and convicted of an offence against this Act by
                            virtue of subsection (1) whether or not proceedings are
                            taken against the licensee and whether or not the
                            licensee was convicted of the offence.
                                                                                        ".

10   70.              Section 90 amended
           (1)        Section 90 is amended by inserting before "Where" the
                      subsection designation "(1)".
           (2)        At the end of section 90 the following subsection is inserted --
                 "
15                    (2)   An officer of a body corporate may be proceeded
                            against and convicted of an offence against this Act by
                            virtue of section 89 and subsection (1) whether or not
                            proceedings are taken against the body corporate or the
                            licensee and whether or not the body corporate or
20                          licensee was convicted of the offence.
                                                                                        ".

     71.              Section 90A inserted
                      After section 90 the following section is inserted --
     "
25           90A.           Liability of agent for licensee
                      (1)   Subject to subsection (2), where a licensee commits an
                            offence against this Act, a licensee's agent is to be
                            treated as having committed an offence and is liable to
                            the penalty prescribed for the offence committed by the
30                          licensee.


     page 46
             Security and Related Activities (Control) Amendment Bill 2007
      Amendments to the Security and Related Activities (Control)   Part 2
                                                        Act 1996

                                                                           s. 72


            (2)     Subsection (1) does not apply to an agent who proves
                    that --
                      (a) the offence was committed without the agent's
                           consent or connivance; and
 5                    (b) the agent exercised all such due diligence to
                           prevent the commission of the offence as ought
                           to have been exercised in the circumstances.
            (3)     Proceedings under this section may be taken against an
                    agent whether or not proceedings are taken against the
10                  licensee and whether or not the licensee was convicted
                    of the offence.
            (4)     In this section --
                    "agent", in relation to a licensee, means a person
                         who --
15                       (a) holds an agent's licence; and
                         (b) employed the licensee at the time the
                               licensee committed the offence.
                                                                              ".

     72.    Section 91 amended
20          Section 91(4) is repealed.

     73.    Section 92 amended
            Section 92(1) is amended by deleting "proceedings for an
            offence against this Act" and inserting instead --
            "     legal proceedings before a court or tribunal   ".

25   74.    Section 93 amended
            Section 93 is amended by inserting after "18," --
            "     18A,   ".




                                                                         page 47
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 75


     75.         Heading inserted
                 After section 93 the following heading is inserted --
                 "     Division 3 -- General provisions ".
     76.         Section 93A inserted
 5               Before section 94 the following section is inserted --
     "
             93A.          Licensee to provide name of agent
                 (1)       When required to do so by a compliance officer, a
                           licensing officer or a member of the police force, a
10                         licensee who is, or was, acting under the authority of a
                           licence is to provide the name and address of the agent
                           who, in accordance with section 19, 31 or 38, is, or at
                           the relevant time was, the employer of the licensee.
                 (2)   A licensee must not refuse or fail to comply with a
15                     requirement under this section and must not provide
                       information that is false or misleading.
                 Penalty: a fine of $2 000.
                                                                                      ".

     77.         Section 94 amended
20         (1)   Section 94(2) is amended as follows:
                   (a) by deleting paragraph (a) and "and" after it and inserting
                        instead --
                       "
                             (a)   the preparation and, with the approval of the
25                                 Minister, publication of codes of conduct
                                   setting out minimum standards of conduct to be
                                   observed by all licensees or licensees who hold
                                   licences of a particular type or class; and
                                                                                      ";



     page 48
             Security and Related Activities (Control) Amendment Bill 2007
      Amendments to the Security and Related Activities (Control)   Part 2
                                                        Act 1996

                                                                                     s. 78


                     (b)    after paragraph (b) by deleting the full stop and inserting
                            instead --
                       "
                                  ; and
 5                          (c)   different classes of --
                                     (i) security consultant's licence; or
                                    (ii) security installer's licence,
                                  restricting the services of security consultant or
                                  security installer, as is relevant, that a person
10                                holding a particular class of licence is
                                  authorised to perform.
                                                                                       ".
           (2)   Section 94(4) is amended by deleting "application for a security
                 officer's licence includes an application for an endorsement
15               under section 24 or 26." and inserting instead --
                 "
                           application for the issue or renewal --
                             (a) of a security officer's licence includes an
                                   application for an endorsement under
20                                 section 24 or 26; or
                            (b)   of a licence includes the taking of fingerprints
                                  or palm prints.
                                                                                       ".

     78.         Section 95 amended
25               Section 95(2) is repealed.

     79.         Schedule 1 repealed
                 Schedule 1 is repealed.




                                                                                page 49
     Security and Related Activities (Control) Amendment Bill 2007
     Part 2          Amendments to the Security and Related Activities (Control)
                     Act 1996

     s. 80


     80.         Certain provisions amended regarding penalties
           (1)   Each provision referred to in the Table to this subsection is
                 amended in the penalty provision by inserting
                 before "$2 000" --
 5               "   a fine of   ".
                                      Table
                 s. 68(2b)                s. 78(2)
                 s. 75                    s. 85(4)
                 s. 76                    s. 87
                 s. 77(1) and (2)
           (2)   Each provision referred to in the Table to this subsection is
                 amended in the penalty provision by deleting "see section 88."
                 and inserting instead --
10               "   a fine of $15 000.   ".
                                      Table
                 s. 8(1)                  s. 36
                 s. 15                    s. 37
                 s. 16                    s. 38(1)
                 s. 19(1)                 s. 39
                 s. 21(1)                 s. 40(1)
                 s. 23                    s. 41(1)
                 s. 29                    s. 51(1)
                 s. 30                    s. 64
                 s. 31(1)                 s. 78(1)
                 s. 32                    s. 79
                 s. 33(1)




     page 50
                      Security and Related Activities (Control) Amendment Bill 2007
                                           Amendments to other Acts          Part 3

                                                                                   s. 81



                      Part 3 -- Amendments to other Acts
     81.         Firearms Act 1973 amended
           (1)   The amendment in this section is to the Firearms Act 1973.
           (2)   Section 16A is amended by inserting after "section 24" --
 5               "    , or a permit issued under section 25,     ".

     82.         Spent Convictions Act 1988 amended
           (1)   The amendments in this section are to the Spent Convictions
                 Act 1988.
           (2)   Schedule 3 clause 1(1) is amended in the Table by deleting
10               item 8 and inserting instead --

             "
                 8.       A person who holds a licence or permit,     Section 22
                          or who is applying for the issue or         and
                          renewal of a licence or permit, under the   Division 4
                          Security and Related Activities (Control)
                          Act 1996.
                                                                                     ".




 


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