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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Security Industry Amendment (Private
Investigators) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Security Industry Act 1997 No 157 3
Schedule 2 Amendment of Commercial Agents and Private Inquiry Agents Act
2004 No 70 5
Schedule 3 Amendment of other Acts 6
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2016
New South Wales
Security Industry Amendment (Private
Investigators) Bill 2016
Act No , 2016
An Act to amend the Security Industry Act 1997 to provide for private investigators to be licensed
under that Act and to make consequential amendments to the Commercial Agents and Private
Inquiry Agents Act 2004 and other Acts.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Security Industry Amendment (Private Investigators) Bill 2016 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Security Industry Amendment (Private Investigators) Act 2016.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Security Industry Amendment (Private Investigators) Bill 2016 [NSW]
Schedule 1 Amendment of Security Industry Act 1997 No 157
Schedule 1 Amendment of Security Industry Act 1997 No 157
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
private investigator is defined in section 4.
[2] Section 4 Carrying on a "security activity"
Insert after section 4 (1) (c):
(c1) acting as a private investigator or acting in a similar capacity,
[3] Section 4 (2)
Insert in alphabetical order:
private investigator means a person who is employed or engaged for the
purposes of either or both of the following:
(a) the investigation of persons, being any activity carried out by a person
on behalf of a second person (not being his or her employer) that
involves finding a third person or investigating a third person's business
or personal affairs,
(b) the surveillance of persons, being any activity carried out by a person
on behalf of a second person (not being his or her employer) that
involves the surveillance of a third person.
[4] Section 12 Class 2 licences
Insert after section 12 (1) (d):
(d1) class 2E--authorises the licensee to act as a private investigator or act
in a similar capacity,
[5] Schedule 2 Savings and transitional provisions
Insert after clause 35:
Part 9 Provisions consequent on enactment of Security
Industry Amendment (Private Investigators) Act
2016
36 Definitions
In this Part:
commencement day means the day on which this clause commences.
existing licence means the following licences under the Commercial Agents
and Private Inquiry Agents Act 2004:
(a) master licence for surveillance of persons,
(b) master licence for investigation of persons,
(c) operator licence for surveillance of persons,
(d) operator licence for investigation of persons.
Page 3
Security Industry Amendment (Private Investigators) Bill 2016 [NSW]
Schedule 1 Amendment of Security Industry Act 1997 No 157
37 Saving of existing licences
(1) Subject to the regulations, an existing licence that is in force immediately
before the commencement day:
(a) is taken to be a licence of the corresponding kind (as prescribed by the
regulations) granted under this Act, and
(b) continues, unless it is sooner surrendered by the holder or suspended or
revoked under this Act, in force for the unexpired portion of its term,
and
(c) cannot be renewed.
(2) The conditions to which an existing licence is subject are, subject to the
regulations, taken to be conditions imposed by the Commissioner under this
Act and any such condition may be varied or revoked in accordance with this
Act.
38 Pending applications
(1) An application for an existing licence that was made under the Commercial
Agents and Private Inquiry Agents Act 2004 and that was not determined
before the commencement day is taken to be an application for a licence of the
corresponding kind (as determined under clause 37) under this Act and is to be
dealt with accordingly subject to the other provisions of this clause.
(2) The Commissioner may, in determining an application under this clause, treat
the application as an application under section 27 of this Act for a variation to
a licence if the Commissioner considers it appropriate to do so.
(3) An application for an existing licence that would, because of this clause,
become an application for a licence under this Act that is already held by the
applicant is taken to be withdrawn by the applicant and any application fee
paid is to be refunded.
(4) Any fee paid under the Commercial Agents and Private Inquiry Agents Act
2004 in relation to the application for the existing licence is taken to have been
paid towards the application that is taken to have been made under this Act and
any difference between the fee paid and the appropriate fee required to be paid
under this Act is to be addressed by requiring the applicant to pay the balance
of any underpayment or refunding to the applicant the balance of any
overpayment.
39 Appeals and reviews
Any appeal made, or review commenced, in relation to an existing licence (or
an application for an existing licence) that has not been determined before the
commencement day is to be determined as if the amendments made to the
Commercial Agents and Private Inquiry Agents Act 2004 by Schedule 2 to the
Security Industry Amendment (Private Investigators) Act 2016 had not been
made.
40 Records including fingerprints and photographs
Any records (including photographs and fingerprints) taken or kept by the
Commissioner under, or for the purposes of, the Commercial Agents and
Private Inquiry Agents Act 2004 may be kept and used by the Commissioner
for the purposes of this Act or for any other purpose as the Commissioner sees
fit.
Page 4
Security Industry Amendment (Private Investigators) Bill 2016 [NSW]
Schedule 2 Amendment of Commercial Agents and Private Inquiry Agents Act 2004 No 70
Schedule 2 Amendment of Commercial Agents and Private
Inquiry Agents Act 2004 No 70
[1] Long title
Omit "and private inquiry agents".
[2] Section 1 Name of Act
Omit "and Private Inquiry Agents".
[3] Section 3 Objects
Omit "and private inquiry agent" wherever occurring.
[4] Section 3 (a)
Omit ", repossession of goods, surveillance of persons and investigation of persons".
Insert instead "and repossession of goods".
[5] Section 4 Definitions
Omit "or private inquiry agent activities" from paragraph (b) of the definition of
disqualified individual in section 4 (1).
[6] Section 4 (1)
Omit the definitions of investigation of persons, private inquiry agent, private inquiry
agent activity and surveillance of persons.
[7] Part 2, heading
Omit "and private inquiry". Insert instead "agent".
[8] Sections 5 (1), 11 (1), 24 (1) and 26
Omit "or private inquiry agent activity" wherever occurring.
[9] Sections 6 (1) (d) and (e) and 12 (1) (d) and (e)
Omit the paragraphs.
[10] Section 25 Harassment
Omit "or private inquiry agent" where firstly occurring in section 25 (1) (a).
[11] Section 25 (1) (a)
Omit "or private inquiry agent activities".
[12] Section 25 (1) (b)
Omit "or private inquiry agent".
[13] Section 39 Regulations
Omit "and private inquiry agent activities" wherever occurring in section 39 (2) (a) and (b).
Page 5
Security Industry Amendment (Private Investigators) Bill 2016 [NSW]
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts
3.1 Civil and Administrative Tribunal Act 2013 No 2
Schedule 5 Occupational Division
Omit "Commercial Agents and Private Inquiry Agents Act 2004" from clause 4 (1).
Insert instead "Commercial Agents Act 2004".
3.2 Crimes (Criminal Organisations Control) Act 2012 No 9
Section 27 Prohibition on carrying on of certain activities when interim control order
or control order takes effect
Omit paragraph (d) of the definition of prescribed activity in section 27 (6). Insert instead:
(d) carrying on business as a commercial agent within the meaning of the
Commercial Agents Act 2004,
3.3 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Omit "Commercial Agents and Private Inquiry Agents Act 2004".
Insert instead "Commercial Agents Act 2004".
3.4 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Search warrants under other Acts
Omit "Commercial Agents and Private Inquiry Agents Act 2004".
Insert instead "Commercial Agents Act 2004".
3.5 Licensing and Registration (Uniform Procedures) Act 2002 No 28
Schedule 1 Licences to which Part 2 of Act applies
Omit the matter relating to the Commercial Agents and Private Inquiry Agents Act 2004.
Insert instead:
Commercial Agents Act 2004
section 6 (1) (a), master licence for process serving
section 6 (1) (b), master licence for debt collection
section 6 (1) (c), master licence for repossession of goods
section 12 (1) (a), operator licence for process serving
section 12 (1) (b), operator licence for debt collection
section 12 (1) (c), operator licence for repossession of goods
3.6 Road Transport Act 2013 No 18
Sections 55 (d), 56 (1) (a) (iv) and 57 (1) (d) (ii)
Omit "Commercial Agents and Private Inquiry Agents Act 2004" wherever occurring.
Insert instead "Commercial Agents Act 2004".
Page 6
Security Industry Amendment (Private Investigators) Bill 2016 [NSW]
Schedule 3 Amendment of other Acts
3.7 Sheriff Act 2005 No 6
Section 14 Process serving
Omit "Commercial Agents and Private Inquiry Agents Act 2004".
Insert instead "Commercial Agents Act 2004".
Page 7
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