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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Security Industry Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Security Industry Act 1997 No 157 2
4 Other amendments 2
5 Repeal of Act 2
Schedule 1 Amendment of Security Industry Act 1997 3
Schedule 2 Other amendments 9
b2008-080-30.d15
New South Wales
Security Industry Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Security Industry Act 1997 to provide for visitor permits and to
make further provision with respect to the regulation of persons in the security
industry; and for other purposes.
Clause 1 Security Industry Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Security Industry Amendment Act 2008. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Amendment of Security Industry Act 1997 No 157 6
The Security Industry Act 1997 is amended as set out in Schedule 1. 7
4 Other amendments 8
The Act and regulation specified in Schedule 2 are amended as set out 9
in that Schedule. 10
5 Repeal of Act 11
(1) This Act is repealed on the day following the day on which all of the 12
provisions of this Act have commenced. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Security Industry Amendment Bill 2008
Amendment of Security Industry Act 1997 Schedule 1
Schedule 1 Amendment of Security Industry Act 1
1997 2
(Section 3) 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
visitor permit means a visitor permit in force under this Act. 6
[2] Section 7 Offence of carrying on unauthorised security activities 7
Insert at the end of the section: 8
(3) The holder of a visitor permit does not commit an offence under 9
this section while acting under and in accordance with the 10
authority conferred by the visitor permit. 11
[3] Section 10 Master licences 12
Insert "or is a corporation holding a visitor permit authorising its holder to 13
carry on security activities of a kind authorised by a master licence" after "a 14
master licence" in section 10 (3). 15
[4] Section 14 Application for licence 16
Insert after section 14 (5): 17
(6) Section 12 of the Criminal Records Act 1991 does not apply in 18
relation to an application for a licence. 19
[5] Section 23D 20
Insert after section 23C: 21
23D Special conditions--dog handling security services 22
(1) It is a condition of every master licence that the master licensee 23
must not employ any person to provide dog handling security 24
services unless the master licensee is approved to provide such 25
services. 26
(2) It is a condition of every class P1D licence that the licensee must, 27
before carrying on any security activity authorised by the licence, 28
successfully complete approved training provided by the 29
licensee's employer (being a master licensee approved to provide 30
dog handling security services). 31
(3) The Commissioner must revoke a class P1D licence if the 32
Commissioner is satisfied that the licensee has failed to comply 33
with a condition under this section. 34
Page 3
Security Industry Amendment Bill 2008
Schedule 1 Amendment of Security Industry Act 1997
[6] Section 29B Certain licensees must be employed by other licensees or 1
visitor permit holders 2
Insert "or the holder of a visitor permit authorising the holder to carry out 3
security activities of a kind authorised by a master licence" after "master 4
licensee" in section 29B (1) (a). 5
[7] Section 29B (2) 6
Insert "or the holder of a visitor permit authorising the holder to carry out 7
security activities of a kind authorised by a master licence" after "master 8
licensee" in section 29B (2). 9
[8] Part 3A 10
Insert after Part 3: 11
Part 3A Visitor permits 12
39C Special events 13
(1) The Commissioner may, by order published in the Gazette or on 14
the website maintained by the Security Industry Registry within 15
the NSW Police Force (or both), declare any event or class of 16
events that the Commissioner considers to be of regional, State or 17
national significance to be a special event for the purposes of this 18
Part. 19
(2) For the purposes of this section, the period of a special event 20
includes such periods immediately before or after a special event 21
as the Commissioner considers necessary. 22
39D Visitor permits 23
(1) A person may apply to the Commissioner for the grant of a visitor 24
permit to carry on one or more kinds of security activity specified 25
in the application during the period of one or more special events 26
so specified. 27
(2) The application must be in the approved form and be 28
accompanied by the fee, and information and particulars, 29
prescribed by the regulations. 30
(3) The applicant must supply evidence to the Commissioner's 31
satisfaction of the following requirements (referred to in this Part 32
as the visitor permit eligibility requirements): 33
(a) if the applicant is an individual--that the applicant: 34
(i) is ordinarily resident in another State or Territory, 35
and 36
Page 4
Security Industry Amendment Bill 2008
Amendment of Security Industry Act 1997 Schedule 1
(ii) is licensed or otherwise authorised in that State or 1
Territory to carry on the activity or activities of the 2
kind proposed to be authorised by the visitor permit, 3
(b) if the applicant is a corporation--that: 4
(i) the applicant's registered office and, if the address 5
of that office is not the address of its principal place 6
of business, its principal place of business is in 7
another State or Territory, and 8
(ii) the applicant is licensed or otherwise authorised in 9
that State or Territory to carry on the activity or 10
activities of the kind proposed to be authorised by 11
the visitor permit. 12
(4) The Commissioner may require the applicant to verify any 13
relevant information by a statutory declaration or to provide 14
proof of identity (or both) and may require the applicant to 15
provide additional information or particulars. 16
(5) The Commissioner may carry out all such investigations and 17
enquiries as the Commissioner considers necessary to enable the 18
Commissioner to consider the application properly. 19
(6) Without limiting subsection (5), the Commissioner may have 20
regard to any criminal intelligence report or other criminal 21
information held (whether in this State or elsewhere) in relation 22
to the applicant. 23
(7) Section 12 of the Criminal Records Act 1991 does not apply in 24
relation to an application for a visitor permit. 25
39E Grant and authority conferred by visitor permit 26
(1) The Commissioner may, after considering an application for a 27
visitor permit: 28
(a) grant the permit, or 29
(b) refuse to grant the permit. 30
(2) The Commissioner may refuse to grant a visitor permit if: 31
(a) the applicant fails to supply evidence to the 32
Commissioner's satisfaction that the applicant satisfies the 33
visitor permit eligibility requirements or any additional 34
information or particulars required under section 39D (4), 35
or 36
(b) the Commissioner is satisfied that the applicant is not a fit 37
and proper person to hold a visitor permit, or 38
Page 5
Security Industry Amendment Bill 2008
Schedule 1 Amendment of Security Industry Act 1997
(c) the Commissioner considers that the special event to which 1
the application relates does not warrant or require 2
provision of security activities of the kind specified in the 3
application. 4
(3) A visitor permit is to be in a form approved by the Commissioner. 5
(4) A visitor permit authorises the holder of the permit to carry on 6
each kind of security activity specified in the permit during the 7
period of each special event specified in the permit. 8
(5) A visitor permit is subject: 9
(a) to such conditions as may be imposed by the 10
Commissioner (whether at the time the permit is granted or 11
at any later time), and 12
(b) to such other conditions as are imposed by this Act or 13
prescribed by the regulations. 14
39F Contravention of visitor permit conditions 15
A holder of a visitor permit must not contravene any condition of 16
the visitor permit. 17
Maximum penalty: 18
(a) in the case of a corporation--200 penalty units, or 19
(b) in the case of an individual--100 penalty units or 20
imprisonment for 6 months, or both. 21
39G Revocation of visitor permit 22
The Commissioner may revoke a visitor permit: 23
(a) if the permit was granted on the basis of false or 24
misleading information, or 25
(b) if the holder of the permit contravenes a condition of the 26
permit, or 27
(c) if the holder of the permit ceases to satisfy the visitor 28
permit eligibility requirements, or 29
(d) for any other reason prescribed by the regulations. 30
39H Visitor permit to be produced on demand 31
The holder of a visitor permit must produce the visitor permit for 32
inspection on demand by: 33
(a) a police officer or any other member of the NSW Police 34
Force, or 35
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Security Industry Amendment Bill 2008
Amendment of Security Industry Act 1997 Schedule 1
(b) any person with whom the holder has dealings when 1
carrying on a security activity. 2
Maximum penalty: 50 penalty units. 3
[9] Section 41 Payment of fees charged by unauthorised persons 4
Insert "or visitor permit" after "licence" in section 41 (1). 5
[10] Section 48 Regulations 6
Insert after section 48 (2) (i): 7
(j) any matter relating to visitor permits. 8
[11] Schedule 2 Savings and transitional provisions 9
Insert at the end of clause 1 (1): 10
Security Industry Amendment Act 2008 11
[12] Schedule 2, Part 5 12
Insert after clause 16 of Schedule 2: 13
Part 5 Provisions consequent on enactment of 14
Security Industry Amendment Act 2008 15
17 Definition 16
In this Part, amending Act means the Security Industry 17
Amendment Act 2008. 18
18 Special condition--class P1D licences 19
(1) Section 23D (2), as inserted by the amending Act, extends to a 20
licence in force immediately before the commencement of the 21
insertion as if it required the licensee to successfully complete the 22
approved training referred to in that section within such period 23
after the commencement as is determined by the Commissioner 24
and notified to the licensee. 25
(2) Section 23D (3) does not operate to require the Commissioner to 26
revoke a licence referred to in subclause (1) unless the licensee 27
fails to successfully complete the approved training within the 28
period determined by the Commissioner. 29
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Security Industry Amendment Bill 2008
Schedule 1 Amendment of Security Industry Act 1997
19 Applications for licences 1
Section 14 (6), as inserted by the amending Act, does not apply 2
to or in respect of an application for a licence that was lodged but 3
was not finally determined before the commencement of that 4
subsection. 5
Page 8
Security Industry Amendment Bill 2008
Other amendments Schedule 2
Schedule 2 Other amendments 1
(Section 4) 2
2.1 Firearms Act 1996 No 46 3
[1] Section 24 Revocation of licence 4
Insert "or a visitor permit authorising the licensee to carry out security 5
activities of a kind authorised by a P1F licence" after "class P1F licence" in 6
section 24 (1A) (b). 7
[2] Section 24 (1A) (b) 8
Insert "or visitor permit" after "the P1F licence". 9
[3] Section 42A Inspections of storage of firearms held by security guard 10
employers 11
Insert after section 42A (3): 12
(4) A reference in this section to a master licensee under the Security 13
Industry Act 1997 includes a reference to the holder of a visitor 14
permit authorised under that Act to carry out security activities of 15
a kind authorised by a master licence. 16
2.2 Security Industry Regulation 2007 17
[1] Clause 18 Offences and civil penalties that disqualify applicants 18
Omit "Poisons and Therapeutic Goods Regulation 2002, in respect of which 19
the maximum penalty imposed is imprisonment for 6 months or more, or a 20
penalty of $2,200 or more, or both" from clause 18 (1) (b). 21
Insert instead "Poisons and Therapeutic Goods Regulation 2008, in respect of 22
which the maximum penalty imposed is any term of imprisonment, or a 23
penalty of $500 or more, or both". 24
[2] Part 3A 25
Insert after Part 3: 26
Part 3A Visitor permits 27
38A Fee to accompany permit application 28
For the purposes of section 39D (2) of the Act, the prescribed fee 29
to accompany an application for a visitor permit is as follows: 30
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Security Industry Amendment Bill 2008
Schedule 2 Other amendments
(a) if the applicant is an individual--$40, 1
(b) if the applicant is a corporation--$100. 2
38B Information and particulars to accompany permit application 3
(1) Visitor permit--individuals 4
For the purposes of section 39D (2) of the Act, an application for 5
a visitor permit that is made by an individual must include the 6
following information: 7
(a) the applicant's name and residential address, 8
(b) the applicant's date of birth, 9
(c) particulars of the licence or other authority in the 10
applicant's State or Territory of residence authorising the 11
applicant to carry on the activity or activities of the kind 12
proposed to be authorised by the visitor permit. 13
(2) Visitor permit--corporations 14
For the purposes of section 39D (2) of the Act, an application for 15
a visitor permit that is made by a corporation must include the 16
following information: 17
(a) the name of the applicant, 18
(b) the applicant's Australian Business Number and 19
Australian Company Number and each business name 20
(within the meaning of the Business Names Act 2002) 21
under which the applicant carries on business, 22
(c) the address of the applicant's registered office and, if that 23
address is not the address of its principal place of business, 24
the address of its principal place of business, 25
(d) the security activities in respect of which the applicant 26
proposes to carry on business under the visitor permit, 27
(e) particulars of the licence or other authority of the other 28
State or Territory authorising the corporation to carry on 29
the activity or activities of the kind proposed to be 30
authorised by the visitor permit. 31
Page 10
Security Industry Amendment Bill 2008
Other amendments Schedule 2
[3] Clause 47A 1
Insert after clause 47: 2
47A Offences and civil penalties that disqualify applicants 3
Clause 18 (1) (b), as amended by the Security Industry 4
Amendment Act 2008, applies only to an offence committed after 5
the commencement of that amendment. 6
Page 11
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