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This is a Bill, not an Act. For current law, see the Acts databases.
Security Industry Amendment (Patron
Protection) Bill 2007
No , 2007
A Bill for
An Act to amend the Security Industry Act 1997 to introduce new measures
(including random drug and alcohol testing of bouncers and crowd controllers)
designed to protect patrons of licensed venues and to make further provision with
respect to the regulation of persons in the security industry and the carrying on of
security activities; and for other purposes.
Clause 1 Security Industry Amendment (Patron Protection) Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Security Industry Amendment (Patron Protection) 3
Act 2007. 4
2 Commencement 5
This Act commences 3 months after the date of assent to this Act, unless 6
commenced sooner by proclamation. 7
3 Amendment of Security Industry Act 1997 No 157 8
The Security Industry Act 1997 is amended as set out in Schedule 1. 9
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Security Industry Amendment (Patron Protection) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 15 Restrictions on granting licence--general suitability criteria 3
Insert after section 15 (1): 4
(1A) In the case of an application for a class 1C or P1C licence made 5
after the commencement of this subsection, the Commissioner 6
must refuse to grant the application if the applicant has not 7
provided a statement by a medical practitioner certifying that the 8
applicant is physically and psychologically fit to carry on security 9
activities of the kind authorised by the licence. 10
(1B) In the course of obtaining a statement for the purposes of 11
subsection (1A), the applicant is required to disclose to the 12
medical practitioner concerned any relevant medical, psychiatric 13
or psychological condition (both present and during the last 5 14
years). 15
[2] Section 15 (6A) 16
Insert after section 15 (6): 17
(6A) Without limiting subsection (6), the Commissioner may, in 18
determining whether an applicant is a fit and proper person to 19
hold the class of licence sought by the applicant, have regard to 20
any information in relation to the applicant that is obtained by the 21
Commissioner in accordance with an information sharing 22
arrangement under section 9A of the Fair Trading Act 1987. 23
Note. The information about an applicant that may be obtained under 24
such an arrangement is limited to the following: 25
(a) information concerning investigations, law enforcement, 26
assessment of complaints, licensing or disciplinary matters, 27
(b) probity assessments and reference checks concerning persons 28
who provide goods or services to consumers, 29
(c) any other information affecting the interests of consumers. 30
[3] Section 22 Form of licence 31
Insert after section 22 (2): 32
(3) The class (or subclass) of a licence, and the number of the licence, 33
must appear in black letters and figures that are at least 3 34
centimetres in height. 35
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Security Industry Amendment (Patron Protection) Bill 2007
Schedule 1 Amendments
[4] Section 26 Revocation of licence 1
Insert after section 26 (1) (b): 2
(b1) in the case of a class 1C or P1C licence: 3
(i) if the licensee refuses or fails to undergo a breath 4
test or to submit a breath analysis, or to provide a 5
sample of the licensee's urine or hair, when required 6
to do so in accordance with Division 3A, or 7
(ii) if the result of a test conducted under Division 3A 8
indicates that the prescribed concentration of 9
alcohol was present in the licensee's blood while the 10
licensee was carrying on security activities 11
authorised by the licence, or 12
(iii) if the result of a test conducted under Division 3A 13
indicates that the licensee has used a prohibited 14
drug, or 15
(iv) if the licensee failed, in the course of obtaining a 16
statement by a medical practitioner for the purposes 17
of section 15 (1A), to disclose to the medical 18
practitioner a relevant medical, psychiatric or 19
psychological condition, or 20
[5] Part 2, Division 3A 21
Insert after Division 3: 22
Division 3A Testing of crowd and venue controllers and 23
bouncers for alcohol and prohibited drugs 24
28A Definitions 25
In this Division: 26
analyst means a person employed by an organisation accredited 27
by the National Association of Testing Authorities, Australia for 28
the purposes of AS 4308 as an analyst. 29
AS 4308 means the document entitled Australian Standard 30
AS 4308--2001, Recommended practice for the collection, 31
detection and quantitation of drugs of abuse in urine, published 32
by Standards Australia, as in force as at 1 February 2007. 33
breath analysing instrument means any instrument of a type 34
approved by the Governor by order under the Road Transport 35
(Safety and Traffic Management) Act 1999 as such an instrument, 36
that is, as an instrument designed to ascertain, by analysis of a 37
person's breath, the concentration of alcohol present in that 38
person's blood. 39
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Security Industry Amendment (Patron Protection) Bill 2007
Amendments Schedule 1
breath analysis means a test carried out by a breath analysing 1
instrument for the purpose of ascertaining, by analysis of a 2
person's breath, the concentration of alcohol present in that 3
person's blood. 4
breath test means a test: 5
(a) that is designed to indicate the concentration of alcohol 6
present in a person's blood, and 7
(b) that is carried out on the person's breath by means of a 8
device (not being a breath analysing instrument) of a type 9
approved by the Governor for the conduct of breath tests 10
under the Road Transport (Safety and Traffic 11
Management) Act 1999. 12
licensee means a person who is the holder of a class 1C or P1C 13
licence. 14
prescribed concentration of alcohol means a concentration of 15
0.02 grams or more of alcohol in 100 millilitres of blood. 16
prohibited drug has the same meaning as in the Drug Misuse and 17
Trafficking Act 1985. 18
28B Testing for presence of alcohol or prohibited drugs 19
(1) A police officer may require a licensee, at any time during the 20
course of the licensee's employment: 21
(a) to undergo a breath test, or submit to a breath analysis, for 22
the purpose of testing for the presence of alcohol, or 23
(b) to provide a sample of the licensee's urine or hair for the 24
purpose of testing for the presence of prohibited drugs, 25
in accordance with the reasonable directions of the police officer. 26
(2) The selection of a licensee for testing pursuant to subsection (1) 27
may be conducted on a random or targeted basis. 28
(3) Without limiting subsection (2), a licensee may be selected for 29
testing whether or not there is any suspicion that the licensee has 30
recently consumed alcohol or has used a prohibited drug. 31
28C Breath analysis of licensee following positive breath testing 32
(1) This section applies if: 33
(a) it appears to a police officer, as a result of a breath test 34
conducted under section 28B, that the prescribed 35
concentration of alcohol may be present in a licensee's 36
blood, or 37
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Security Industry Amendment (Patron Protection) Bill 2007
Schedule 1 Amendments
(b) a licensee, who is required by a police officer to undergo a 1
breath test under this Division, refuses or fails to do so in 2
accordance with the direction of the police officer. 3
(2) In such a case, the police officer may require the licensee to 4
submit to a breath analysis in accordance with the directions of 5
the police officer. 6
(3) As soon as practicable after a licensee has submitted to a breath 7
analysis the person who carried out the analysis must deliver to 8
the licensee a statement in writing signed by the person 9
specifying: 10
(a) the concentration of alcohol determined by the analysis to 11
be present in the licensee's blood and expressed in grams 12
of alcohol in 100 millilitres of blood, and 13
(b) the day on which and time of the day at which the breath 14
analysis was completed. 15
(4) A licensee who is required to submit to a breath analysis may 16
request the police officer making the requisition to arrange for the 17
taking (in the presence of a police officer) of a sample of the 18
licensee's blood for analysis, at the licensee's own expense, by: 19
(a) a medical practitioner nominated by the licensee, or 20
(b) a medical practitioner nominated by a police officer at the 21
licensee's request. 22
(5) The making of any such request or the taking of a sample of a 23
licensee's blood does not absolve the licensee from the obligation 24
imposed on the licensee to submit to a breath analysis in 25
accordance with this section. 26
(6) If a licensee makes such a request, the police officer concerned 27
must take all reasonable steps to contact the relevant medical 28
practitioner. 29
28D Action with respect to samples of urine, hair and blood 30
(1) This section applies to: 31
(a) a police officer who arranges for a sample of urine or hair 32
to be taken when empowered to do so under section 28B, 33
and 34
(b) a medical practitioner who takes a sample of blood when 35
empowered to do so under section 28C. 36
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Security Industry Amendment (Patron Protection) Bill 2007
Amendments Schedule 1
(2) A person to whom this section applies must ask the licensee from 1
whom the sample was taken whether or not the licensee would 2
like to keep part of the sample of urine, hair or blood taken from 3
the licensee. 4
(3) A person to whom this section applies must: 5
(a) divide the sample into 2 approximately equal portions, or, 6
if the licensee has indicated that he or she would like to 7
keep a part of the sample, divide the same into 3 8
approximately equal portions, and 9
(b) place each portion into a container, and 10
(c) fasten and seal each container, and 11
(d) mark or label each container for future identification. 12
(4) Of the sealed containers: 13
(a) the first container must: 14
(i) in the case of a sample taken by a medical 15
practitioner under section 28C, be handed by a 16
medical practitioner to the police officer present 17
when the sample was taken, or 18
(ii) in any other case, be dealt with in accordance with 19
section 28E, and 20
(b) the second container must be transported to a laboratory 21
accredited by the National Association of Testing 22
Authorities, Australia for the purposes of AS 4308 and 23
nominated by the Commissioner, and must be stored at that 24
laboratory on behalf of the Commissioner, and 25
(c) in the case where the licensee has indicated that he or she 26
would like to keep a part of the sample, the third container 27
must be given to the licensee. 28
(5) In the case of samples of urine, the 2 sealed containers referred to 29
in subsection (4) (a) and (b) must be handled in accordance with 30
the procedure set out in AS 4308 or any other procedure approved 31
by the Commissioner in that regard. 32
28E Analysis of samples of urine, hair or blood 33
(1) A police officer may arrange for a portion of a sample of a 34
licensee's urine, hair or blood taken in accordance with this 35
Division to be submitted for analysis to an analyst to determine 36
the concentration of alcohol in the blood or to determine whether 37
the urine or hair contains a prohibited drug. 38
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Security Industry Amendment (Patron Protection) Bill 2007
Schedule 1 Amendments
(2) An analyst to whom a portion of a sample of urine, hair or blood 1
is submitted for analysis under this section may carry out an 2
analysis of the portion to determine the concentration of alcohol 3
in the blood or to determine whether the urine or hair contains 4
alcohol or a prohibited drug or drugs, as the case requires. 5
(3) Such analysis must be carried out, and a report on that analysis 6
provided, in accordance with the procedure set out in AS 4308 or 7
any other procedure approved by the Commissioner in that 8
regard. 9
(4) Analysis must be carried out in a laboratory accredited by the 10
National Association of Testing Authorities, Australia for the 11
purposes of AS 4308 and nominated by the Commissioner. 12
(5) If the first analysis of a portion of the sample indicates the 13
presence of alcohol or a prohibited drug in the sample, an 14
analysis of another portion of the sample must be undertaken. 15
28F Interfering with results of test 16
(1) A licensee who does anything to introduce, or alter the 17
concentration of, alcohol or any prohibited drug in the licensee's 18
urine, hair or blood before submitting to a breath analysis or 19
providing a sample of urine, blood or hair under this Division is 20
guilty of an offence if the licensee does so for the purpose of 21
preventing or restricting the use of the results of the analysis in 22
any proceedings against the licensee. 23
(2) A person who does anything to introduce, or alter the 24
concentration of, alcohol or any prohibited drug in a licensee's 25
urine, blood or hair before the licensee submits to a breath 26
analysis or provides a sample of urine, blood or hair under this 27
Division is guilty of an offence if the person does so for the 28
purpose of preventing or restricting the use of the results of the 29
analysis in any proceedings against the licensee. 30
Maximum penalty: 50 penalty units. 31
28G Interfering or tampering with, or destroying, samples 32
A person must not interfere or tamper with, or destroy, a sample 33
of a person's urine, blood or hair provided or taken under this 34
Division unless the sample is destroyed: 35
(a) by or at the direction of an analyst in the course of or on 36
completion of analysis, or 37
(b) in the case of a sample handed to a person on behalf of a 38
licensee, by or at the direction of the person, or 39
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Security Industry Amendment (Patron Protection) Bill 2007
Amendments Schedule 1
(c) after the expiration of 12 months commencing on the day 1
on which the sample was taken. 2
Maximum penalty: 50 penalty units. 3
28H Operation of Division 4
Nothing in this Division affects: 5
(a) any liability for an offence relating to the consumption or 6
supply of alcohol, or the use or supply of other drugs, 7
arising under the Road Transport (Safety and Traffic 8
Management) Act 1999 or the Drug Misuse and 9
Trafficking Act 1985 or any other Act, or 10
(b) any right to conduct breath or other tests for the presence 11
of alcohol or other drugs in a person's body, under the 12
Road Transport (Safety and Traffic Management) Act 13
1999 or any other Act, or 14
(c) any obligation or right under the Anti-Discrimination Act 15
1977, the Occupational Health and Safety Act 2000 or any 16
other Act. 17
[6] Section 36 Licence to be worn by licensee 18
Omit "clearly visible" from section 36 (1) (as substituted by Schedule 1 [60] 19
to the Security Industry Amendment Act 2005). 20
Insert instead "clearly readable at all times". 21
[7] Section 36 (1A) (as inserted by Schedule 1 [61] to the Security Industry 22
Amendment Act 2005) 23
Omit "clearly visible". Insert instead "clearly readable at all times". 24
[8] Section 36 (1A) (b) (as inserted by Schedule 1 [61] to the Security 25
Industry Amendment Act 2005) 26
Omit "or above the level of the person's waist". Insert instead "chest level". 27
[9] Section 36 (1A) (c) (as inserted by Schedule 1 [61] to the Security 28
Industry Amendment Act 2005) 29
Omit "or side". 30
[10] Section 36 (1A) (d) (as inserted by Schedule 1 [61] to the Security 31
Industry Amendment Act 2005) 32
Omit "visible". Insert instead "readable". 33
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Security Industry Amendment (Patron Protection) Bill 2007
Schedule 1 Amendments
[11] Section 36 (1A) (as inserted by Schedule 1 [61] to the Security Industry 1
Amendment Act 2005) 2
Insert after section 36 (1A) (e): 3
(e1) in the case of a class 1C or P1C licence--the licence: 4
(i) is displayed in a clear sleeve or badge, and 5
(ii) is fixed to the licensee's clothing and not displayed 6
on a chain or ribbon or hung around the licensee's 7
neck, and 8
[12] Schedule 2 Savings and transitional provisions 9
Insert at the end of clause 1 (1): 10
Security Industry Amendment (Patron Protection) Act 2007 11
Page 10
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