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This is a Bill, not an Act. For current law, see the Acts databases.
Security Industry Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Security Industry Act 1997 to make further provision for the
licensing and regulation of persons in the security industry; and for other purposes.
Clause 1 Security Industry Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Security Industry Amendment Act 2012. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) Schedule 1 (other than Schedule 1 [3], [10], [11], [25], [26], [39], [40], 7
[54], [61], [69], [70], [73], [75], [76] and [78]), Schedule 2 (other than 8
Schedule 2.1 [2] and 2.3) and Schedule 3 commence on 1 November 9
2012. 10
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Security Industry Amendment Bill 2012
Amendment of Security Industry Act 1997 No 157 Schedule 1
Schedule 1 Amendment of Security Industry Act 1
1997 No 157 2
[1] Section 3 Definitions 3
Omit "or P1F" from paragraph (b) of the definition of armed security guard 4
in section 3 (1). 5
[2] Section 3 (1), definition of "employ" 6
Omit the definition. 7
[3] Section 3 (1) 8
Insert in alphabetical order: 9
enforcement officer means: 10
(a) a police officer, or 11
(b) any other member of the NSW Police Force who is 12
authorised by the Commissioner in writing to exercise the 13
functions of an enforcement officer under this Act. 14
[4] Section 3 (1) 15
Insert in alphabetical order: 16
providing persons includes employing or subcontracting another 17
person (or arranging by contract, franchise or otherwise with 18
another person) for the purpose of that other person employing or 19
providing persons. 20
renewed licence means a licence that is renewed under 21
section 17. 22
temporary excess provision of services permit means a 23
temporary excess provision of services permit in force under 24
section 40A. 25
[5] Section 3 (1), definition of "security equipment" and sections 4 (1) (c), 26
(d) (ii), (e) (ii) and (i) and 11 27
Omit "or watching", ",watch" and ", watching" wherever occurring. 28
[6] Section 3 (1A) 29
Insert after section 3 (1): 30
(1A) In this Act, a reference to a class of licence includes a reference 31
to a subclass of that class of licence. 32
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Security Industry Amendment Bill 2012
Schedule 1 Amendment of Security Industry Act 1997 No 157
[7] Section 4 Carrying on a "security activity" 1
Omit "in any one or more of the following circumstances" from 2
section 4 (1) (c). 3
Insert instead "including, but not limited to, in any one or more of the 4
following circumstances". 5
[8] Section 4 (1) (l) 6
Omit the paragraph. 7
[9] Section 4 (1) (m) 8
Omit the paragraph. Insert instead: 9
(m) providing persons to carry on any security activity referred 10
to in this section, 11
[10] Section 6 Application of Act 12
Omit section 6 (2) and (2A). Insert instead: 13
(2) Any person who is employed in any of the following capacities 14
does not carry on a security activity while, and to the extent that, 15
the person is performing official duties in that capacity or in the 16
course of that employment: 17
(a) a police officer or other member of the NSW Police Force, 18
(b) a police officer of the Commonwealth, another State or a 19
Territory, 20
(c) a member of the armed forces of the Commonwealth, 21
(d) a special constable appointed under Part 4 of the Police 22
(Special Provisions) Act 1901 and employed by the 23
Commissioner. 24
(2A) A person does not carry on a security activity while, and to the 25
extent that, the person is performing official duties in the course 26
of his or her employment by or in any of the following: 27
(a) the New South Wales Crime Commission, 28
(b) the Australian Crime Commission, 29
(c) the Police Integrity Commission, 30
(d) the Independent Commission Against Corruption, 31
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Security Industry Amendment Bill 2012
Amendment of Security Industry Act 1997 No 157 Schedule 1
(e) the Department of Attorney General and Justice as a 1
correctional officer (within the meaning of the Crimes 2
(Administration of Sentences) Act 1999) or a juvenile 3
justice officer, 4
(f) any other agency responsible for the enforcement of 5
criminal laws of the State, of the Commonwealth or of 6
another State or Territory. 7
[11] Section 6A 8
Insert after section 6: 9
6A Application of Commonwealth National Vocational Education and 10
Training Regulator Act 2011 11
(1) In this section: 12
Commonwealth Act means the National Vocational Education 13
and Training Regulator Act 2011 of the Commonwealth. 14
State security industry regulation provisions means the 15
provisions of this Act and the regulations: 16
(a) regulating organisations providing training, assessment or 17
instruction in relation to any security activity, and 18
(b) providing for the approval by or under this Act of training, 19
assessment or instruction provided by organisations, and 20
(c) providing for the exercise of investigative powers, 21
sanctions and enforcement by or under this Act in relation 22
to such matters. 23
(2) The State security industry regulation provisions are declared to 24
be an excluded matter for the purposes of section 10 of the 25
Commonwealth Act in relation to section 9 (Immunity from State 26
and Territory laws) of the Commonwealth Act to the extent only 27
that that section prevents the application of the State security 28
industry regulation provisions to an NVR registered training 29
organisation (within the meaning of the Commonwealth Act) 30
providing training, assessment or instruction in relation to 31
security activities regulated by this Act. 32
(3) This section is taken to have had effect from 1 July 2011. 33
[12] Section 7 Offence of carrying on unauthorised security activities 34
Omit "employ or" from section 7 (1). 35
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Schedule 1 Amendment of Security Industry Act 1997 No 157
[13] Section 7 (1) (b) 1
Omit the paragraph. Insert instead: 2
(b) the person provides no more persons on any one day than 3
the number of persons authorised by the master licence. 4
[14] Section 7 (2) 5
Omit the subsection. Insert instead: 6
(2) A person must not carry on a security activity (other than 7
providing persons to carry on security activities) unless the 8
person is the holder of a class 1 licence or class 2 licence that 9
authorises the person to carry on the security activity. 10
Maximum penalty: 500 penalty units or imprisonment for 11
2 years, or both. 12
[15] Section 7 (4) 13
Insert after section 7 (3): 14
(4) The holder of a temporary excess provision of services permit 15
granted under section 40A does not commit an offence under 16
subsection (1) while acting under and in accordance with the 17
authority conferred by the temporary excess provision of services 18
permit. 19
[16] Section 9 Classes of licences 20
Omit section 9 (1) (d). 21
[17] Section 10 Master licences 22
Omit section 10 (1) (b)-(d). Insert instead: 23
(b) class MB--authorises the holder to provide no more than 24
3 persons on any one day to carry on security activities, 25
each of whom must be the holder of a class 1 or class 2 26
licence, 27
(c) class MC--authorises the holder to provide between 4 and 28
14 persons on any one day to carry on security activities, 29
each of whom must be the holder of a class 1 or class 2 30
licence, 31
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Amendment of Security Industry Act 1997 No 157 Schedule 1
(d) class MD--authorises the holder to provide between 1
15 and 49 persons on any one day to carry on security 2
activities, each of whom must be the holder of a class 1 or 3
class 2 licence, 4
(e) class ME--authorises the holder to provide 50 or more 5
persons on any one day to carry on security activities, each 6
of whom must be the holder of a class 1 or class 2 licence. 7
[18] Section 10 (3) 8
Omit "employing or". 9
[19] Section 11 Class 1 licences 10
Omit section 11 (1) (g). 11
[20] Section 12 Class 2 licences 12
Omit section 12 (1) (c). Insert instead: 13
(c) class 2C--authorises the licensee to sell, install, maintain, 14
repair and service, and provide advice in relation to, 15
security equipment (including electronic security 16
equipment and barrier equipment) and to act as a 17
locksmith, 18
[21] Section 12 (1) (e) and (f) 19
Omit the paragraphs. 20
[22] Section 12A Provisional licences 21
Omit the section. 22
[23] Section 14 Application for licence 23
Omit section 14 (3)-(5). 24
[24] Section 15 Restrictions on granting licence--general suitability criteria 25
Omit section 15 (1) and (2). Insert instead: 26
(1) The Commissioner must refuse to grant an application for a 27
licence if the Commissioner is not satisfied that the applicant: 28
(a) is a fit and proper person to hold the class of licence sought 29
by the applicant, or 30
(b) is of or above the age of 18, or 31
(c) has the competencies and experience approved by the 32
Commissioner, or 33
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Schedule 1 Amendment of Security Industry Act 1997 No 157
(d) has undertaken and completed the requisite training, 1
assessment and instruction for the class of licence sought 2
by the applicant, or 3
(e) is competent to carry on the security activity to which the 4
proposed licence relates, or 5
(f) is an Australian citizen or a permanent Australian resident. 6
(2) For the purposes of subsection (1) (d), the requisite training, 7
assessment and instruction for a class of licence is training, 8
assessment and instruction in relation to the carrying on of 9
security activities under a licence of that class: 10
(a) that is of a kind approved, and to a standard required, by 11
the Commissioner, and 12
(b) is provided by such persons or organisations as are 13
approved by the Commissioner for the purposes of this 14
section. 15
(2A) The Commissioner may impose conditions with respect to the 16
provision of training, assessment and instruction by any person or 17
organisation approved by the Commissioner for the purposes of 18
this section. 19
(2B) A person or organisation approved by the Commissioner for the 20
purposes of this section must comply with any conditions 21
imposed by the Commissioner under subsection (2A). 22
Maximum penalty: 23
(a) in the case of a corporation--100 penalty units, or 24
(b) in the case of an individual--50 penalty units. 25
(2C) The Commissioner must also refuse to grant an application for a 26
licence if the applicant has supplied information that is (to the 27
applicant's knowledge) false or misleading in a material 28
particular in, or in connection with, the application. 29
[25] Section 16 Restrictions on granting licence--criminal and other related 30
history 31
Insert after section 16 (1): 32
(2) Without limiting subsection (1), the Commissioner may refuse to 33
grant an application for a licence if the Commissioner is satisfied 34
that the applicant has a conviction that is not capable of becoming 35
spent. 36
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Amendment of Security Industry Act 1997 No 157 Schedule 1
Note. Under section 7 of the Criminal Records Act 1991, certain 1
convictions are not capable of becoming spent. For example, 2
convictions for which a prison sentence of more than 6 months has been 3
imposed, convictions for certain sexual offences and convictions 4
prescribed by the Criminal Records Regulation 2004. 5
[26] Section 16 (5) 6
Insert "(2)," after "(1),". 7
[27] Section 17 8
Insert after section 16A: 9
17 Renewal of licence 10
(1) An application for the renewal of a licence may be lodged with 11
the Commissioner by the holder of the licence no earlier than 12
8 weeks before the licence ceases (otherwise than by revocation) 13
to be in force (its expiry). 14
(2) The application is to be: 15
(a) in the approved form, and 16
(b) lodged electronically, by post or in any other approved 17
manner, and 18
(c) accompanied by a fee prescribed by the regulations. 19
Note. See sections 18, 21 and 24 in relation to the grant, conditions and 20
terms of renewed licences. 21
(3) Subsection (1) does not prevent the Commissioner from granting 22
an application for the renewal of a licence lodged no later than 23
90 days after its expiry on payment of the late fee prescribed by 24
the regulations. 25
(4) The Commissioner may refuse an application to renew a licence 26
if the Commissioner is satisfied that, if the applicant were 27
applying for a new licence, the application would be required by 28
this Act to be refused. 29
Note. For example, under section 15 (1) of this Act the Commissioner 30
must refuse an application for a new licence if the Commissioner is not 31
satisfied that the applicant is a fit and proper person to hold the licence 32
or is not competent to carry on the security activity to which the licence 33
relates. 34
(5) For the purposes of subsection (4), section 15 (6) and (7) apply to 35
an application for renewal of a licence in the same way as they 36
apply to an application for a licence. 37
(6) Without limiting section 18, the Commissioner may request an 38
applicant for the renewal of a licence to demonstrate, in the 39
manner required by the Commissioner and to the satisfaction of 40
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Security Industry Amendment Bill 2012
Schedule 1 Amendment of Security Industry Act 1997 No 157
the Commissioner, continuing knowledge and competency in 1
relation to the security activity authorised by the licence before 2
renewal of the licence is granted. 3
(7) Without limiting section 21 (3), the Commissioner may grant an 4
application for renewal of a licence on the condition that the 5
applicant undertake and complete to the satisfaction of the 6
Commissioner any requisite training, assessment or instruction 7
required by the Commissioner to ensure the licensee has 8
continuing knowledge and competency in relation to the security 9
activity authorised by the licence. 10
(8) Section 15 (2) and (2A) apply to the requisite training, 11
assessment and instruction under subsection (7) required in 12
relation to an application for the renewal of a licence in the same 13
way as they apply to an application for a licence. 14
(9) A licence may be renewed under this section on more than one 15
occasion. 16
(10) Section 12 of the Criminal Records Act 1991 does not apply in 17
relation to an application for the renewal of a licence. 18
[28] Section 18 Investigation of licence and renewal applications 19
Insert "or for the renewal of a licence" after "licence" in section 18 (1). 20
[29] Section 18 (2) (a) 21
Insert "or palm prints, or both," after "fingerprints". 22
[30] Section 18 (2) (b) 23
Omit "been fingerprinted". 24
Insert instead "provided fingerprints or palm prints". 25
[31] Section 18 (3) (a) 26
Insert "or for the renewal of a licence" after "licence". 27
[32] Section 18 (3) (b) 28
Insert "or renew" after "grant". 29
[33] Section 18 (4) 30
Insert ", palm print" after "fingerprint". 31
[34] Section 18 (5) (a) 32
Insert "or palm prints" after "fingerprints". 33
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Amendment of Security Industry Act 1997 No 157 Schedule 1
[35] Section 20 Commissioner may require further information 1
Insert "or for the renewal of a licence" after "applicant for a licence" in 2
section 20 (1). 3
[36] Section 20 (1) (b1) 4
Omit "or a provisional licence". 5
[37] Section 20 (4) and (8) 6
Insert "or for the renewal of a licence" after "licence" wherever occurring. 7
[38] Section 21 8
Omit the section. Insert instead: 9
21 Grant and conditions of licence and renewal of licence 10
(1) The Commissioner may, after considering an application for the 11
grant or renewal of a licence: 12
(a) grant a licence to, or renew the licence of, the person 13
making the application and nominate a place where the 14
person is to collect the licence or renewed licence, or 15
(b) refuse to grant a licence or to renew the licence. 16
(2) A licence confers no right of property and is incapable of being 17
transferred, assigned or mortgaged, charged or otherwise 18
encumbered. 19
(3) A licence is subject: 20
(a) to such conditions as may be imposed by the 21
Commissioner (whether at the time the licence is granted 22
or renewed or at any later time), and 23
(b) to such other conditions as are imposed by this Act or 24
prescribed by the regulations. 25
(4) A licence is granted or renewed subject to the condition that the 26
person making the application collect the licence or renewed 27
licence from the place nominated by the Commissioner under 28
subsection (1) (a) within 60 days of being notified of the grant or 29
renewal. 30
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Schedule 1 Amendment of Security Industry Act 1997 No 157
[39] Section 21A 1
Insert after section 21: 2
21A Continuing training, assessment and instruction 3
(1) It is a condition of every class 1 or class 2 licence that the licensee 4
undertake and complete, to the satisfaction of the Commissioner, 5
such training, assessment and instruction as may be required by 6
the Commissioner to ensure the licensee has continuing 7
knowledge and competency in relation to the security activity 8
authorised by the licence. 9
(2) Subsection (1) extends to licences granted before the 10
commencement of this section. 11
[40] Section 22 Form of licence 12
Omit section 22 (2). Insert instead: 13
(2) A licence must: 14
(a) contain the name of the licensee, and 15
(b) specify the class (or subclass) of licence, and 16
(c) contain the number of the licence, and 17
(d) contain such other details as may be prescribed by the 18
regulations. 19
(3) In addition, the Commissioner may determine that a particular 20
class or subclass of licence is: 21
(a) to contain a recent photograph of the person to whom it is 22
granted (such photograph being obtained in accordance 23
with arrangements determined by the Commissioner), or 24
(b) to bear the signature of the licensee, 25
or both. 26
[41] Section 23 Master licence--condition relating to provision of certain 27
persons 28
Omit "employ or". 29
[42] Section 23AA Special conditions--authority to carry firearms 30
Omit "or P1F" wherever occurring. 31
[43] Section 23A Special conditions--uniforms must be worn when carrying 32
firearms 33
Omit "or P1F" wherever occurring. 34
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Amendment of Security Industry Act 1997 No 157 Schedule 1
[44] Section 23B Special conditions--storage of firearms in certain 1
residential premises 2
Omit "or P1F" wherever occurring. 3
[45] Section 23C Special conditions--class P1F licences 4
Omit the section. 5
[46] Section 23D Special conditions--dog handling security services 6
Omit "employ any person to provide" from section 23D (1). 7
Insert instead "provide any person to carry out". 8
[47] Section 23D (2) and (3) 9
Omit the subsections. 10
[48] Section 23E 11
Insert after section 23D: 12
23E Special conditions--class 1 licences 13
A class 1 licence that is granted on application by a person who 14
has not, during the 3 years immediately before the application, 15
been authorised by a class 1 licence to carry on the security 16
activity to which the proposed licence relates is subject to the 17
condition that the person undertake and complete, to the 18
satisfaction of the Commissioner, such training, assessment or 19
instruction as may be required by the Commissioner, within 20
6 months (or such longer period as the Commissioner allows) of 21
the grant of the licence. 22
[49] Section 24 Term of licence 23
Insert "other than a renewed licence" after "licence" in section 24 (1A). 24
[50] Section 24 (1B) 25
Insert after section 24 (1A): 26
(1B) The renewal of a licence comes into force: 27
(a) if the application for renewal is lodged under section 17 28
before its expiry and the Commissioner grants the 29
application--on the expiry of the licence, or 30
(b) if the application for renewal is lodged after its expiry--on 31
the day the Commissioner grants the application for 32
renewal of the licence. 33
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Schedule 1 Amendment of Security Industry Act 1997 No 157
[51] Section 24 (2) 1
Omit the subsection. 2
[52] Section 24 (3) 3
Omit the subsection. Insert instead: 4
(3) Despite subsection (1), if the person who made the application for 5
a licence or for the renewal of a licence (the applicant) fails to 6
collect the licence in accordance with the condition set out in 7
section 21 (4): 8
(a) the licence does not come into force and is taken to have 9
not been granted or renewed, and 10
(b) for the purposes of section 18 (5), the applicant is taken to 11
be a person who was an applicant for, but was never 12
granted, a licence. 13
[53] Section 26 Revocation of licence 14
Insert "or the renewal of the licence" after "licence" in section 26 (1) (b) (i). 15
[54] Section 26 (5) and (6) 16
Insert after section 26 (4): 17
(5) For the purpose of determining whether a licence should be 18
revoked under subsection (1A), the Commissioner may have 19
regard to any criminal intelligence report or other criminal 20
information held in relation to the licensee that: 21
(a) is relevant to the activities carried on under the class of 22
licence held by the licensee, or 23
(b) causes the Commissioner to conclude that improper 24
conduct is likely to occur if the licensee continues to hold 25
the licence, or 26
(c) causes the Commissioner not to have confidence that 27
improper conduct will not occur if the licensee continues 28
to hold the licence. 29
(6) The Commissioner is not, under this or any other Act or law, 30
required to give any reasons for revoking a licence if the giving 31
of those reasons would disclose the existence or content of any 32
criminal intelligence report or other criminal information as 33
referred to in subsection (5). 34
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Amendment of Security Industry Act 1997 No 157 Schedule 1
[55] Section 27 Variation of licence 1
Omit "class 1, class 2 or provisional licence" from section 27 (1). 2
Insert instead "class 1 or class 2 licence". 3
[56] Section 29 Right to seek review from Administrative Decisions Tribunal 4
Insert after section 29 (1) (a): 5
(a1) the refusal or failure of the Commissioner to renew a 6
licence (other than by operation of section 24 (3)), 7
[57] Section 29 (2) 8
Insert "or renewal" after "grant". 9
[58] Section 29 (2) 10
Insert "or renewed" after "granted". 11
[59] Section 29 (3) 12
Omit "or to revoke". Insert instead ", to renew a licence or to revoke". 13
[60] Section 29 (3) (a) 14
Omit "section 15 (6)". Insert instead "section 15 (6), 17 (5) or 26 (5)". 15
[61] Section 29, note 16
Omit the note at the end of the section. Insert instead: 17
Note. Sections 15 (7), 17 (5) and 26 (6) of this Act provide that the 18
Commissioner is not, under this or any other Act or law, required to give 19
any reasons for not granting or renewing a licence or revoking a licence 20
if the giving of those reasons would disclose the existence or content of 21
any criminal intelligence report or other criminal information referred to 22
in section 15 (6) or 26 (5). Accordingly, Part 2 of Chapter 5 of the 23
Administrative Decisions Tribunal Act 1997 does not apply to any 24
decision to refuse to grant (or renew) or revoke a licence based on such 25
information to the extent that it would require disclosure of the existence 26
or content of any criminal intelligence report or other criminal 27
information. 28
[62] Section 29A Offence of permitting employee who is provisional licensee 29
to carry on unsupervised security activity 30
Omit the section. 31
[63] Section 29B Certain licensees must be employed by other licensees or 32
visitor permit holders 33
Omit section 29B (2). 34
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Schedule 1 Amendment of Security Industry Act 1997 No 157
[64] Section 35 Licence to be produced on demand 1
Insert at the end of the section: 2
(2) Subsection (1) does not require a licensee to produce a licence 3
that has been lost, stolen, destroyed, defaced or mutilated during 4
the period in which the licensee is waiting for the issue of a 5
replacement licence after notifying the Commissioner of that 6
occurrence, and applying for a replacement licence within 7
14 days after giving that notification, in accordance with the 8
regulations. 9
[65] Section 36 Licence to be worn by licensee 10
Omit "class 1, class 2 or provisional licence" from section 36 (1). 11
Insert instead "class 1 or class 2 licence". 12
[66] Section 36 (3) 13
Insert after section 36 (2): 14
(3) Subsection (1) does not require a licensee to wear a licence that 15
has been lost, stolen, destroyed, defaced or mutilated during the 16
period in which the licensee is waiting for the issue of a 17
replacement licence after notifying the Commissioner of that 18
occurrence, and applying for a replacement licence within 19
14 days after giving that notification, in accordance with the 20
regulations. 21
[67] Section 38 Prohibition of delegation of functions 22
Omit section 38 (2). 23
[68] Section 38A 24
Insert after section 38: 25
38A Prohibition on unauthorised subcontracting 26
(1) A master licensee (the principal) who enters into a contract to 27
provide persons to carry on any relevant security activity with a 28
person (the client) on or after the commencement of this section 29
must not engage another master licensee (the subcontractor) to 30
provide those persons on behalf of the principal unless: 31
(a) the client has expressly agreed in the contract to the 32
provision of the persons by a subcontractor, and 33
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Amendment of Security Industry Act 1997 No 157 Schedule 1
(b) the principal provides the requisite subcontracting 1
particulars in relation to any subcontractor engaged by the 2
principal to the client before requiring payment by the 3
client for the work of such a subcontractor. 4
Maximum penalty: 5
(a) in the case of a corporation--200 penalty units, or 6
(b) in the case of an individual--100 penalty units or 7
imprisonment for 6 months, or both. 8
(2) A subcontractor providing persons on behalf of the principal 9
must not engage another master licensee (further subcontractor) 10
to provide any of the persons to carry on security activities that 11
the principal has engaged the subcontractor to provide unless: 12
(a) the principal has expressly agreed in the contract with the 13
subcontractor to the provision of the persons by a further 14
subcontractor, and 15
(b) the subcontractor provides the requisite subcontracting 16
particulars in relation to any further subcontractor engaged 17
by the subcontractor to the principal before requiring 18
payment by the principal for the work of the further 19
subcontractor. 20
Maximum penalty: 21
(a) in the case of a corporation--200 penalty units, or 22
(b) in the case of an individual--100 penalty units or 23
imprisonment for 6 months, or both. 24
(3) The regulations may exempt any principal or class of principals 25
or relevant security activity from the operation of 26
subsection (1) (b) in such circumstances as may be specified in 27
the regulations. 28
(4) In this section: 29
relevant security activity does not include the provision of a 30
restricted security keying system. 31
requisite subcontracting particulars, in relation to a 32
subcontractor or further subcontractor, means: 33
(a) the name and master licence number of the subcontractor 34
or further subcontractor, and 35
(b) any other particulars prescribed by the regulations. 36
[69] Section 38B Supervising or monitoring licensees 37
Omit the section. 38
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Schedule 1 Amendment of Security Industry Act 1997 No 157
[70] Section 38C 1
Omit the section. Insert instead: 2
38C Rostering or scheduling of licensed persons to carry on security 3
activities and monitoring of their performance 4
A person (the relevant person) must not, for fee or reward, roster 5
or schedule the carrying on of any security activity by a person 6
who holds a class 1 or class 2 licence, or monitor the performance 7
of such a person in carrying on a security activity, if the relevant 8
person is not eligible to hold a licence because of section 16. 9
Maximum penalty: 100 penalty units or imprisonment for 10
6 months, or both. 11
[71] Section 39 12
Omit the section. Insert instead: 13
39 Master licensee not to provide unlicensed persons 14
(1) Without limiting the operation of section 30, the holder of a 15
master licence must not provide any person to carry on any 16
security activity if that person is not the holder of a licence that 17
authorises the person to carry on a security activity of that kind. 18
Maximum penalty: 19
(a) in the case of a corporation--1,000 penalty units, or 20
(b) in the case of an individual--500 penalty units or 21
imprisonment for 2 years, or both. 22
(2) It is a defence in proceedings for an offence under this section if 23
the master licensee satisfies the court that the master licensee did 24
not know, and could not reasonably have been expected to know, 25
that the person provided by the master licensee did not hold a 26
licence that authorised the person to carry on a security activity 27
of the kind concerned. 28
[72] Section 39B Master licensee to have "fitness for work" policy 29
Omit "employ or" and "employed or". 30
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Amendment of Security Industry Act 1997 No 157 Schedule 1
[73] Part 3B 1
Insert after Part 3A: 2
Part 3B Enforcement 3
Division 1 Powers of entry and search of premises 4
39I Powers of enforcement officers to enter premises without warrant 5
(1) An enforcement officer may enter any premises at which a 6
security activity (or an activity ancillary to the carrying on of a 7
security activity) is being carried on, or at which the enforcement 8
officer reasonably believes such an activity is being carried on, at 9
any reasonable time for the following purposes: 10
(a) for determining whether there has been compliance with, 11
or a contravention of, this Act or the regulations, 12
(b) generally for administering this Act. 13
(2) This section does not confer a power to enter any premises or part 14
of premises that is used only for residential purposes without the 15
permission of the occupier or the authority of a search warrant. 16
39J Powers of enforcement officers to enter premises with warrant 17
(1) An enforcement officer may apply to an authorised officer for the 18
issue of a search warrant if the enforcement officer believes on 19
reasonable grounds that any provision of this Act or the 20
regulations is being or has been contravened on any premises. 21
(2) An authorised officer to whom any such application is made may, 22
if satisfied that there are reasonable grounds for doing so, issue a 23
search warrant authorising any enforcement officer to enter and 24
search the premises. 25
(3) An enforcement officer executing a search warrant issued under 26
this section may: 27
(a) enter the premises specified in the warrant, and 28
(b) search the premises for evidence of a contravention of this 29
Act or the regulations, and 30
(c) exercise any other function of an enforcement officer 31
under this Part. 32
(4) Division 4 of Part 5 of the Law Enforcement (Powers and 33
Responsibilities) Act 2002 applies to a search warrant issued 34
under this section. 35
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Security Industry Amendment Bill 2012
Schedule 1 Amendment of Security Industry Act 1997 No 157
(5) In this section: 1
authorised officer has the same meaning as it has in the Law 2
Enforcement (Powers and Responsibilities) Act 2002. 3
39K Powers that can be exercised by enforcement officers on entry 4
(1) An enforcement officer may, at any premises lawfully entered 5
under this Act for a purpose referred to in section 39I, do any or 6
all of the following: 7
(a) examine any registers, books, records or other documents 8
on the premises, 9
(b) make a copy on the premises of any registers, books, 10
records or other documents and retain that copy, 11
(c) require any person to make a copy on the premises of any 12
registers, books, records or other documents and give that 13
copy to the enforcement officer to retain, 14
(d) take such photographs, films, audio, video or other 15
recordings as the enforcement officer considers necessary, 16
(e) require any person to produce any registers, books, records 17
or other documents on the premises, 18
(f) require any person to answer any question relating to any 19
registers, books, records or other documents or any other 20
relevant matter, 21
(g) take any registers, books, records or other documents from 22
the premises for the purposes of copying them, 23
(h) seize any registers, books, records or other documents, or 24
any other thing that the enforcement officer believes on 25
reasonable grounds is connected with an offence against 26
this Act or the regulations. 27
(2) The power to seize anything connected with an offence includes 28
a power to seize anything that will provide evidence of the 29
commission of an offence. 30
(3) Any registers, books, records or other documents taken only for 31
the purpose of copying them must be returned when that copying 32
is completed. 33
39L Obstruction 34
(1) A person must not: 35
(a) obstruct, hinder or interfere with an enforcement officer in 36
the exercise of a function under this Part, or 37
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Security Industry Amendment Bill 2012
Amendment of Security Industry Act 1997 No 157 Schedule 1
(b) fail, without reasonable excuse, to comply with any 1
requirement made of the person by an enforcement officer 2
in the exercise of a function under this Part. 3
Maximum penalty: 100 penalty units. 4
(2) A person is not guilty of an offence of failing to comply with a 5
requirement made of the person by an enforcement officer unless 6
the person was warned on that occasion that a failure to comply 7
is an offence. 8
39M Identification of certain enforcement officers 9
(1) Every enforcement officer, who is not a police officer, is to be 10
provided with an identification card as an enforcement officer by 11
the Commissioner. 12
(2) In the course of exercising the functions of an enforcement 13
officer under this Act, an enforcement officer who is not a police 14
officer must, if requested to do so by any person affected by the 15
exercise of any such function, produce to the person the officer's 16
identification card. 17
Division 2 Power to obtain information or records 18
39N Application of Division 19
This Division applies whether or not a power of entry under this 20
Part is being or has been exercised. 21
39O Requirement to provide information and records 22
(1) An enforcement officer may, by notice in writing given to a 23
person, require the person to furnish to the officer such 24
information or records (or both) as the officer requires by the 25
notice for the following purposes: 26
(a) for determining whether there has been compliance with, 27
or a contravention of, this Act or the regulations, 28
(b) generally for administering this Act. 29
(2) A notice under this section must specify the manner in which 30
information or records are required to be furnished and a 31
reasonable time by which the information or records are required 32
to be furnished. 33
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Security Industry Amendment Bill 2012
Schedule 1 Amendment of Security Industry Act 1997 No 157
39P Provisions relating to requirement under section 39O to furnish 1
records 2
(1) A notice under section 39O may only require a person to furnish 3
existing records that are in the person's possession or that are 4
within the person's power to obtain lawfully. 5
(2) The person to whom any record is furnished under section 39O 6
may take copies of it. 7
(3) If any record required to be furnished under section 39O is in 8
electronic, mechanical or other form, the record must, unless the 9
notice otherwise provides, be furnished in written form. 10
39Q Power of enforcement officers to require answers and record 11
evidence 12
(1) An enforcement officer may require a person whom the 13
enforcement officer suspects on reasonable grounds to have 14
knowledge of matters in respect of which information is 15
reasonably required for a purpose referred to in section 39O to 16
answer questions in relation to those matters. 17
(2) The Commissioner may require a corporation to nominate a 18
director or officer of the corporation who is authorised to 19
represent the corporation for the purpose of answering questions 20
under this section. 21
(3) An enforcement officer may, by notice in writing, require a 22
person to attend at a specified place and time to answer questions 23
under this section if attendance at that place is reasonably 24
required in order that the questions can be properly put and 25
answered. 26
(4) The place and time at which a person may be required to attend 27
under subsection (3) is to be: 28
(a) a place or time nominated by the person, or 29
(b) if the place and time nominated is not reasonable in the 30
circumstances or a place and time is not nominated by the 31
person, a place and time nominated by the enforcement 32
officer that is reasonable in the circumstances. 33
(5) An enforcement officer may cause any questions and answers to 34
questions given under this section to be recorded if the officer has 35
informed the person who is to be questioned that the record is to 36
be made. 37
(6) A record may be made using sound recording apparatus or audio 38
visual apparatus, or any other method determined by the 39
enforcement officer. 40
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Security Industry Amendment Bill 2012
Amendment of Security Industry Act 1997 No 157 Schedule 1
(7) A copy of any such record must be provided by the enforcement 1
officer to the person who is questioned as soon as practicable 2
after it is made. 3
(8) A record may be made under this section despite the provisions 4
of any other law. 5
[74] Section 40A 6
Insert after section 40: 7
40A Temporary excess provision of services permits 8
(1) A master licensee may apply to the Commissioner for the grant 9
of a permit (a temporary excess provision of services permit) 10
authorising the holder of the permit to provide more persons than 11
the number of persons authorised by the master licence on any 12
specified day or on each day within a period specified in the 13
permit. 14
(2) The application must be in the approved form and be 15
accompanied by the fee and any information and particulars 16
prescribed by the regulations. 17
(3) The Commissioner may, after considering an application for a 18
temporary excess provision of services permit: 19
(a) grant the permit, or 20
(b) refuse to grant the permit. 21
(4) A permit is to be in the approved form. 22
(5) A permit is subject to such conditions as may be imposed by the 23
Commissioner (whether at the time the permit is granted or at any 24
later time). 25
(6) The Commissioner may revoke a permit if the holder contravenes 26
any condition to which the permit is subject. 27
[75] Sections 42 and 42A 28
Omit the sections. 29
[76] Section 43A Security Industry Council 30
Omit the section. 31
[77] Section 47 Certificate and other evidence 32
Omit section 47 (1) (c). 33
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Security Industry Amendment Bill 2012
Schedule 1 Amendment of Security Industry Act 1997 No 157
[78] Schedule 2 Savings and transitional provisions 1
Insert at the end of clause 1 (1): 2
Security Industry Amendment Act 2012 3
[79] Schedule 2, Part 8 4
Insert after Part 7: 5
Part 8 Provisions consequent on enactment of 6
Security Industry Amendment Act 2012 7
23 Definitions 8
In this Part: 9
amending Act means the Security Industry Amendment Act 2012. 10
converted licence means a licence that is taken by the operation 11
of this Part to be a licence of a different class or subclass of 12
licence. 13
24 Conversion of certain existing subclasses of master licence to 14
new subclasses of master licence 15
On the commencement of this clause, a master licence that, 16
immediately before the amendment made to section 10 (1) by the 17
amending Act, was: 18
(a) a class MB licence--is taken to be, and to have the 19
authority conferred by, a class MC licence granted under 20
this Act (as amended by the amending Act), and 21
(b) a class MC licence--is taken to be, and to have the 22
authority conferred by, a class MD licence granted under 23
this Act (as amended by the amending Act), and 24
(c) a class MD licence--is taken to be, and to have the 25
authority conferred by, a class ME licence granted under 26
this Act (as amended by the amending Act). 27
25 Conversion of existing class 1G licence to new class 1A licence 28
On the commencement of this clause, a licence that was a 29
class 1G licence immediately before the repeal of 30
section 11 (1) (g) by the amending Act is taken to be, and to have 31
the authority conferred by, a class 1A licence. 32
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Security Industry Amendment Bill 2012
Amendment of Security Industry Act 1997 No 157 Schedule 1
26 Conversion of existing class 2E licence to class 2C licence 1
On the commencement of this clause, a licence that was a 2
class 2E licence immediately before the repeal of 3
section 12 (1) (e) by the amending Act is taken to be, and to have 4
the authority conferred by, a class 2C licence. 5
27 Conversion of existing class 2F licence to class 2C licence 6
On the commencement of this clause, a licence that was a 7
class 2F licence immediately before the repeal of 8
section 12 (1) (f) by the amending Act is taken to be, and to have 9
the authority conferred by, a class 2C licence. 10
28 Conversion of existing provisional licences to class 1 licences 11
(1) On the commencement of this clause, a licence that, immediately 12
before the repeal of section 12A by the amending Act, was: 13
(a) a class P1A licence--is taken to be, and to have the 14
authority conferred by, a class 1A licence granted under 15
this Act, and 16
(b) a class P1B licence--is taken to be, and to have the 17
authority conferred by, a class 1B licence granted under 18
this Act, and 19
(c) a class P1C licence--is taken to be, and to have the 20
authority conferred by, a class 1C licence granted under 21
this Act, and 22
(d) a class P1D licence--is taken to be, and to have the 23
authority conferred by, a class 1D licence granted under 24
this Act, and 25
(e) a class P1E licence--is taken to be, and to have the 26
authority conferred by, a class 1E licence granted under 27
this Act, and 28
(f) a class P1F licence--is taken to be, and to have the 29
authority conferred by, a class 1F licence granted under 30
this Act, and 31
(g) a class P1G licence--is taken to be, and to have the 32
authority conferred by, a class 1A licence granted under 33
this Act. 34
(2) The holder of a licence referred to in subclause (1) is taken to be 35
a person who has not previously been authorised by a class 1 36
licence to carry on the security activity to which the licence 37
relates and, accordingly, is subject to section 23E as inserted by 38
the amending Act. 39
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Security Industry Amendment Bill 2012
Schedule 1 Amendment of Security Industry Act 1997 No 157
(3) The holder must comply with the conditions set out in 1
section 23E within 12 months of the commencement of that 2
section. 3
29 Duration of converted licence 4
(1) A licence converted by the operation of this Part to another class 5
or subclass of licence remains in force (unless sooner 6
surrendered, suspended or revoked) until the end of the period 7
that it would have remained in force under section 24 but for the 8
conversion. 9
(2) The holder of a converted licence may renew the converted 10
licence in accordance with section 17. 11
30 Form of converted licence 12
(1) Section 22 (2) (b), as inserted by the amending Act, does not 13
apply to a converted licence. 14
(2) The Commissioner may reissue any converted licence with such 15
alterations or endorsements as the Commissioner considers 16
appropriate having regard to the provisions and operation of the 17
amending Act. 18
31 References to converted licences 19
(1) A reference in any Act (other than this Act) or statutory 20
instrument, or in any other instrument, or in any contract or 21
agreement, to a licence of a particular class or subclass of licence 22
is to be construed as a reference to the class or subclass of the 23
licence as converted by the operation of this Part. 24
(2) The conditions to which a converted licence is subject are, 25
subject to the regulations, taken to be conditions imposed by the 26
Commissioner under this Act (as amended by the amending Act) 27
applicable to the class or subclass of the licence on conversion 28
and any such condition may be varied or revoked in accordance 29
with this Act. 30
32 Proceedings for abolished offences relating to provisional 31
licensees 32
Any proceedings for an offence under a provision of this Act 33
repealed by the amending Act that have been commenced but not 34
finally determined before the repeal of the provision may 35
continue to be dealt with as if the provision had not been 36
repealed. 37
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Security Industry Amendment Bill 2012
Amendment of Security Industry Act 1997 No 157 Schedule 1
33 Restriction on granting licence to applicant providing false or 1
misleading information 2
Section 15 (2C), as inserted by the amending Act, applies to 3
applications that have been made but not yet determined by the 4
Commissioner before the insertion of that subsection. 5
34 Investigation of licence applications--taking of palm prints 6
Anything done or omitted to be done by the Commissioner that 7
would have been validly done or omitted had the amendments 8
made to section 18 of this Act by the amending Act been in force 9
at the time that the thing was done or omitted, is taken to have 10
been validly done or omitted. 11
35 Licence renewals 12
Section 17, as inserted by the amending Act, extends to licences 13
granted before the insertion of that section. 14
Page 27
Security Industry Amendment Bill 2012
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Firearms Act 1996 No 46 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
approved means approved by the Commissioner from time to 5
time. 6
approved master licensee means a holder of a master licence 7
under the Security Industry Act 1997 who provides uniformed 8
armed security services and is approved by the Commissioner for 9
the purposes of this definition. 10
category H (business/employment) licence means a category H 11
licence that is issued for the purposes of business or employment. 12
provisional pistol (business/employment) licence means a 13
category H (business/employment) licence of the kind referred to 14
in section 16C. 15
[2] Section 6AA 16
Insert after section 6: 17
6AA Application of Commonwealth National Vocational Education and 18
Training Regulator Act 2011 19
(1) In this section: 20
Commonwealth Act means the National Vocational Education 21
and Training Regulator Act 2011 of the Commonwealth. 22
State firearms regulation provisions means the provisions of this 23
Act and the regulations: 24
(a) regulating organisations providing training, assessment or 25
instruction in relation to possession or use of firearms, and 26
(b) providing for the approval by or under this Act of training, 27
assessment or instruction provided by organisations, and 28
(c) providing for the exercise of investigative powers, 29
sanctions and enforcement by or under this Act in relation 30
to such matters. 31
(2) The State firearms regulation provisions are declared to be an 32
excluded matter for the purposes of section 10 of the 33
Commonwealth Act in relation to section 9 (Immunity from State 34
and Territory laws) of the Commonwealth Act to the extent only 35
that that section prevents the application of the State firearms 36
regulation provisions to an NVR registered training organisation 37
Page 28
Security Industry Amendment Bill 2012
Amendment of other legislation Schedule 2
(within the meaning of the Commonwealth Act) providing 1
training, assessment or instruction in relation to the use and 2
possession of firearms regulated by this Act. 3
(3) This section is taken to have had effect from 1 July 2011. 4
[3] Section 16 Category H licences--restrictions on issue 5
Insert after section 16 (1): 6
(1A) For the purposes of subsection (1), business or employment 7
includes work undertaken voluntarily but only with respect to the 8
static guarding of approved premises. 9
[4] Section 16 (4) and (5) 10
Insert after section 16 (3): 11
(4) The Commissioner must not issue a category H 12
(business/employment) licence (other than a provisional pistol 13
(business/employment) licence) to a person who has never held 14
such a licence unless: 15
(a) the person has previously been issued with a provisional 16
pistol (business/employment) licence, and 17
(b) the provisional pistol (business/employment) licence has 18
expired. 19
(5) The Commissioner must not issue a provisional pistol 20
(business/employment) licence to a person unless: 21
(a) the person indicates that he or she intends to be employed 22
by an approved master licensee specified in the application 23
for the licence for the term of the licence, and 24
(b) the approved master licensee has verified to the 25
satisfaction of the Commissioner that the master licensee 26
intends the employment to continue for the term of the 27
licence. 28
[5] Section 16C 29
Insert after section 16B: 30
16C Provisional pistol (business/employment) licences 31
(1) A category H (business/employment) licence that is issued to a 32
person who has never held such a licence is to be issued as a 33
provisional pistol (business/employment) licence. 34
Page 29
Security Industry Amendment Bill 2012
Schedule 2 Amendment of other legislation
(2) Without limiting section 19, a provisional pistol 1
(business/employment) licence is subject to the following 2
conditions: 3
(a) the licensee must, before possessing or using a pistol, 4
complete to the satisfaction of the Commissioner an 5
approved firearms training course conducted by the 6
employer, 7
(b) the licensee must, in addition to the training referred to in 8
paragraph (a), complete: 9
(i) such further training within 3 months of being 10
granted the licence as is determined by the 11
Commissioner, and 12
(ii) such other training as may be required by the 13
Commissioner during the term of the licence, 14
(c) the licensee must hold a class 1F licence issued under 15
section 11 of the Security Industry Act 1997, 16
(d) for the first 6 months of the term of the licence, the licensee 17
must not possess or use a pistol unless the licensee is under 18
the direct supervision of a natural person who has 19
continuously held, for a period of more than 12 months: 20
(i) a category H (business/employment) licence that is 21
not a provisional pistol (business/employment) 22
licence, and 23
(ii) a class 1F licence under the Security Industry Act 24
1997. 25
Note. The licence may also be subject to other conditions--see 26
section 19. 27
(3) The Commissioner must revoke a provisional pistol 28
(business/employment) licence if the Commissioner is satisfied 29
that the licensee has failed to comply with a condition under this 30
section. 31
(4) If the holder of a provisional pistol (business/employment) 32
licence contravenes the condition referred to in 33
subsection (2) (d), the person who is (at the time of the 34
contravention) the master licensee who is the employer of the 35
licensee is guilty of an offence. 36
Maximum penalty: 37
(a) in the case of a corporation--200 penalty units, or 38
(b) in the case of an individual--100 penalty units. 39
Page 30
Security Industry Amendment Bill 2012
Amendment of other legislation Schedule 2
(5) If: 1
(a) the holder of a provisional pistol (business/employment) 2
licence applies for a category H (business/employment) 3
licence before the term of the provisional pistol 4
(business/employment) licence expires, and 5
(b) the application has not been dealt with by the time the 6
provisional pistol (business/employment) licence expires, 7
the authority conferred by the provisional pistol 8
(business/employment) licence continues until such time as the 9
person is notified of the issue of, or refusal of, the category H 10
(business/employment) licence. 11
(6) A provisional pistol (business/employment) licence is 12
automatically revoked if the licensee ceases to be employed 13
during the term of the licence by the approved master licensee 14
specified in the application for the licence as required by 15
section 16 (5). 16
[6] Section 21 Term of licence 17
Omit section 21 (3). Insert instead: 18
(3) The following types of licence continue in force for a period of 19
12 months from the time the licence is issued unless the licence 20
is sooner surrendered or revoked or otherwise ceases to be in 21
force: 22
(a) provisional pistol (business/employment) licence, 23
(b) probationary pistol licence. 24
[7] Section 24 Revocation of licence 25
Omit "P1F licence" wherever occurring in section 24 (1A). 26
Insert instead "1F licence". 27
2.2 Firearms Regulation 2006 28
[1] Clause 3, definition of "security guard" 29
Omit "or P1F". 30
[2] Clause 8 Term of licence 31
Insert ", a provisional pistol (business/employment) licence" after "Act" in 32
clause 8 (1). 33
[3] Clause 83 Additional requirements relating to security guards 34
Omit "or P1F" from clause 83 (1) (b). 35
Page 31
Security Industry Amendment Bill 2012
Schedule 2 Amendment of other legislation
2.3 Law Enforcement (Powers and Responsibilities) Act 2002 1
No 103 2
Schedule 2 Search warrants under other Acts 3
Omit "section 42" from the matter relating to the Security Industry Act 1997. 4
Insert instead "Part 3B". 5
2.4 Weapons Prohibition Regulation 2009 6
Schedule 1 Persons exempt from requirement for permit 7
Omit ", 1F or P1F" from clause 3 (1) (i). 8
Insert instead "or 1F". 9
Page 32
Security Industry Amendment Bill 2012
Repeal of Security Industry Amendment Act 2005 No 63 Schedule 3
Schedule 3 Repeal of Security Industry Amendment 1
Act 2005 No 63 2
The Security Industry Amendment Act 2005 is repealed. 3
Page 33
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