Security Industry Act 2003

This Act is the Security Industry Act 2003.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘employee licence—see section 13.’ means that the expression ‘employee licence’ is defined in section 13.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Interpretation and application of Act

A security business is a business in which a person carries on 1 or more security activities.

For this Act, a person carries on a security activity if, as part of a business or the person’s employment, the person does 1 or more of the following:

patrols, guards, watches or protects property (including cash in transit);

guards with a firearm for cash in transit;

guards with a firearm for protecting property;

acts as a monitoring centre operator;

guards with a dog;

acts as a bodyguard;

acts as a security consultant;

acts as a crowd controller;

sells security equipment;

carries out surveys and inspections of security equipment;

gives advice about security equipment;

installs, maintains, monitors, repairs or services security equipment;

carries on an activity in relation to security that is prescribed under the regulations;

trains or instructs in relation to an activity mentioned in paragraphs (a) to (m);

employs or provides people to carry on an activity mentioned in paragraphs (a) to (n).

However, a person does not carry on a security activity only because the person installs a lock as part of the person’s occupation as a builder.

Also, a person does not carry on a security activity only because the person cuts unrestricted keys or sells self-install security systems.

In this section:

self-install security system means a security system designed so that it can be installed by an ordinary consumer.

unrestricted key means a key other than a key marked restricted, patented or trademarked.

For this Act:

security equipment means any of the following:

a safe or vault;

mechanical, electronic, acoustic or other equipment designed or adapted specifically to provide or enhance security or for the protection or watching of any property;

Examples—par (b)

1 security screen doors that have reinforced steel mesh

2 security windows that have a fixed panel of reinforced stainless steel mesh in the window frame

3 security window grilles that are steel bars fixed to the wall outside the window

4 security window roller shutters that are made of reinforced aluminium and are lockable

a device or equipment prescribed under the regulations for this definition.

However, security equipment does not include a device or equipment declared not to be security equipment under the regulations.

The regulations may exempt people from the application of this Act.

Part 2A Criminal intelligence

In this part:

criminal intelligence means information relating to actual or suspected criminal activity (whether in the ACT or elsewhere) the disclosure of which could reasonably be expected to—

prejudice a criminal investigation; or

enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

endanger anyone’s life or physical safety.

maintain—an entity maintains the confidentiality of information in relation to an applicant for a licence or licensee only if—

the information is not used by the entity for a purpose other than exercising a function mentioned in this part; and

the information is not disclosed to the applicant or licensee, representatives of the applicant or licensee or any member of the public; and

evidence and submissions about the information are received and heard in private in the absence of the applicant or licensee and representatives of the applicant or licensee, and are not disclosed to any member of the public; and

the information is not disclosed in any reasons for decision.

Information that is classified by the chief police officer as criminal intelligence must not be disclosed for this Act to anyone other than the commissioner for fair trading, the Minister, a court or an entity to whom the chief police officer authorises its disclosure.

The chief police officer may only disclose the information to the commissioner for fair trading if the officer believes on reasonable grounds that the information is relevant to—

the making of a decision by the commissioner about issuing a licence to an applicant; or

the making of a decision by the commissioner about whether to apply to the ACAT for an occupational discipline order in relation to a licensee.

Subsection (1) does not prevent the chief police officer from disclosing the information for another lawful purpose.

This section applies—

if—

the commissioner for fair trading refuses to issue a licence to an applicant; or

the commissioner for fair trading applies to the ACAT for an occupational discipline order in relation to a licensee; or

the ACAT makes an occupational discipline order in relation to a licensee; and

if a thing mentioned in paragraph (a) is done because, or partly because, of information that is classified by the chief police officer as criminal intelligence.

The commissioner or ACAT must not give any reason for doing the thing other than the following:

for subsection (1) (a) (i)—that issuing the licence would not be in the public interest;

for subsection (1) (a) (ii)—that disclosing the reason for the application would not be in the public interest;

for subsection (1) (a) (iii)—that disclosing the reason for the order would not be in the public interest.

This section applies if the commissioner for fair trading—

refuses to issue a licence to an applicant because, or partly because, of information that is classified by the chief police officer as criminal intelligence, and the applicant applies to the ACAT for review of the decision (the proceeding); or

applies to the ACAT for an occupational discipline order in relation to a licensee because, or partly because, of information that is classified by the chief police officer as criminal intelligence (also the proceeding).

The commissioner or chief police officer must apply to the ACAT for a decision about whether the information is criminal intelligence.

The application need not be served on anyone unless the ACAT otherwise orders on its own initiative.

The ACAT may decide that the information is, or is not, criminal intelligence.

If the ACAT proposes to decide that the information is not criminal intelligence, the applicant must be told about the proposal and given the opportunity to withdraw the information from the proceeding.