Security Industry Act 1997

This Act is the Security Industry Act 1997.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

approved means approved by the Commissioner from time to time.

armed security guard means a person who—

is employed to carry on a security activity referred to in section 4 (1) (c), and

is the holder of a class 1F licence, and

in carrying out the activities authorised by that licence, is authorised by a licence under the Firearms Act 1996 to use and possess firearms.

close associate is defined in section 5.

Commissioner means the Commissioner of Police.

enforcement officer means—

a police officer, or

any other member of the NSW Police Force who is authorised by the Commissioner in writing to exercise the functions of an enforcement officer under this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

licence means a licence in force under this Act.

licensee means the holder of a licence.

master licensee means the holder of a master licence.

permanent Australian resident means a person resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by or in accordance with law.

private investigator is defined in section 4.

property includes money and other valuables.

provide persons, to carry on a security activity, means—

directly providing persons to carry on the security activity, including by employing or subcontracting the persons, or

indirectly providing the persons to carry on the security activity through an arrangement with another person, including by contract, franchise or otherwise.

renewed licence means a licence that is renewed under section 17.

security activity is defined in section 4.

security equipment means any of the following—

any type of safe or vault,

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

any type of device or equipment prescribed by the regulations for the purposes of this definition,

but does not include any type of device or equipment declared not to be security equipment by the regulations.

temporary excess provision of services permit means a temporary excess provision of services permit in force under section 40A.

Tier 1 condition, Tier 2 condition or Tier 3 condition of a licence—see section 30.

visitor permit means a visitor permit in force under this Act.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act, a reference to a class of licence includes a reference to a subclass of that class of licence.

Notes in the text of this Act do not form part of this Act.

For the purposes of this Act, a person carries on a security activity if the person carries on any one or more of the following activities in the course of conducting a business or in the course of the person’s employment—

acting as a bodyguard or acting in a similar capacity,

acting as a crowd controller, or acting in a similar capacity, by physical or electronic means,

patrolling, protecting or guarding any property, by physical means (which may involve the use of dogs or the possession or use of firearms) or by electronic means, including, but not limited to, in any one or more of the following circumstances—

carrying on control room operations,

carrying on monitoring centre operations,

carrying on retail loss prevention,

patrolling, protecting or guarding cash (including cash in transit) or other valuables,

patrolling, protecting or guarding an airport or any other infrastructure,

acting as a private investigator or acting in a similar capacity,

installing, maintaining, repairing or servicing, by physical or electronic means—

any security equipment, or

any mechanical, electronic, acoustic or other equipment that the person installing, maintaining, repairing or servicing the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property,

selling—

any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or

any mechanical, electronic, acoustic or other equipment that the person selling the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property,

selling security methods or principles,

selling the services of persons to carry on any security activity referred to in this section,

providing advice in relation to security equipment (other than basic household or automotive security items at approved classes of retail outlets), including providing product advice in relation to security equipment,

providing advice in relation to the identification and analysis of security risks and providing solutions or management strategies to minimise security risks,

providing advice in relation to any other mechanical, electronic, acoustic or other equipment (other than basic household or automotive security items at approved classes of retail outlets) that the person providing the advice purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property,

providing training or instruction in relation to any security activity referred to in this section,

assessing another person’s training, instruction or competencies in relation to any security activity referred to in this section,

(Repealed)

providing persons to carry on any security activity referred to in this section,

acting as an agent for, or otherwise obtaining contracts for—

the supply of persons to carry on any security activity referred to in this section, or

the supply of any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or

the supply of any security activity referred to in this section,

brokering any security activity referred to in this section, by acting or purporting to act as an intermediary to negotiate and obtain any such activity for a person (other than the person’s employer or a principal who is not a client of the person) in return for a commission or financial benefit,

any other activity, or class of activities, that is connected with security or the protection of persons or property, whether by physical or electronic means, and that is prescribed by the regulations for the purposes of this section.

The regulations may prescribe activities that are not security activities.

In this section—

basic household or automotive security item has the meaning given by the regulations.

bodyguard means a person who is employed or engaged for the purpose of providing close personal protection to another person.

crowd controller means a person who, for remuneration, exercises one or more of the following functions at a relevant place as part of the person’s regular duties—

controlling or monitoring the behaviour of persons to maintain order,

screening persons seeking entry,

removing persons for behavioural or other reasons,

any other function prescribed by the regulations.

private investigator means a person who is employed or engaged for the purposes of either or both of the following—

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,

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.

relevant place means the following places, but does not include a place prescribed by the regulations as not being a relevant place—

licensed premises within the meaning of the Liquor Act 2007,

a public entertainment venue,

a place at which a public or private event or function is held,

a hospital,

a quarantine facility,

retail premises,

a public place.

sell includes hire, lease and offer to sell, hire or lease.

For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a licence if the person—

holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Commissioner) to exercise a significant influence over or with respect to the conduct of that business, or

holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or holder.

In this section—

relevant financial interest in relation to a business means—

any share in the capital of the business, or

any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means the position of director, manager, and other executive positions and secretary, however those positions are designated, and such other positions as may be prescribed by the regulations for the purposes of this definition.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

to participate in any directorial, managerial or executive decision, or

to elect or appoint any person to any relevant position.

Except as provided by this section, this Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

Any person who is employed in any of the following capacities does not carry on a security activity while, and to the extent that, the person is performing official duties in that capacity or in the course of that employment—

a police officer or other member of the NSW Police Force,

a police officer of the Commonwealth, another State or a Territory,

a member of the armed forces of the Commonwealth.

(Repealed)

A person does not carry on a security activity while, and to the extent that, the person is performing official duties in the course of his or her employment by or in any of the following—

the New South Wales Crime Commission,

the Australian Crime Commission,

the Law Enforcement Conduct Commission,

the Independent Commission Against Corruption,

the Department of Attorney General and Justice as a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a juvenile justice officer,

any other agency responsible for the enforcement of criminal laws of the State, of the Commonwealth or of another State or Territory.

, (2C) (Repealed)

The regulations may exempt a person or class of persons from the operation of this Act—

in the circumstances prescribed by the regulations, and

subject to the conditions, if any, prescribed by the regulations.

A regulation made under subsection (3) may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption.

The Commissioner may, if the Commissioner believes it urgent or necessary to do so, exempt a person or class of persons from the requirement to hold a licence under section 7(1) or (2) to—

provide persons to carry on a security activity, or

carry on a security activity.

An exemption for a person may be granted—

on application by the person, and

by written notice given to the person.

An exemption for a class of persons is granted by notice published on the NSW Police Force website.

An exemption may be subject to conditions.

The Commissioner may revoke an exemption at any time.

The regulations may—

prescribe grounds or other requirements for the granting of an exemption, and

prescribe a fee to be paid to the Commissioner on the making of an application for an exemption.

In this section—

Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

State security industry regulation provisions means the provisions of this Act and the regulations—

regulating organisations providing training, assessment or instruction in relation to any security activity, and

providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and

providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters.

The State security industry regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent only that that section prevents the application of the State security industry regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to security activities regulated by this Act.

Without limiting subsection (2), each provision of this Act (and of any regulations made under this Act) is declared to be a VET legislation displacement provision for the purposes of section 11 of the Commonwealth Act generally. This subsection extends to any such provision enacted or as amended after the commencement of this subsection.

Subsection (2) is taken to have had effect from 1 July 2011.

Anything done or omitted to be done before the commencement of subsection (2A) that would have been validly done or omitted if subsection (2A) had been in force at the time is taken, on and from the commencement of subsection (2A), to have been validly done or omitted.

A person must not provide persons to carry on security activities unless—

the person is the holder of a master licence, and

the person provides no more persons on any one day than the number of persons authorised by the master licence.

(Repealed)

Maximum penalty—

in the case of a corporation—1,000 penalty units, or

in the case of an individual—500 penalty units or imprisonment for 2 years, or both.

A person must not carry on a security activity (other than providing persons to carry on security activities) unless the person is the holder of a class 1 licence or class 2 licence that authorises the person to carry on the security activity.

Maximum penalty—500 penalty units or imprisonment for 2 years, or both.

The holder of a visitor permit does not commit an offence under this section while acting under and in accordance with the authority conferred by the visitor permit.

The holder of a temporary excess provision of services permit granted under section 40A does not commit an offence under subsection (1) while acting under and in accordance with the authority conferred by the temporary excess provision of services permit.

A licence does not confer on the licensee any function apart from a function authorised by the licence.

A licence may be of one of the following classes—

a master licence,

a class 1 licence,

a class 2 licence,

(Repealed)

A class of licence may, in accordance with the regulations, be combined with another class of licence into a composite licence that authorises the licensee to carry on more than one kind of security activity.

Master licences are to be classified into subclasses. Those subclasses, and the authority they confer, are as follows—

class MA—authorises the holder, who is a self-employed individual and who holds a class 1 or class 2 licence, or both, to provide the holder’s services to carry on security activities,

class MB—authorises the holder to provide no more than 3 persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence,

class MC—authorises the holder to provide no more than 14 persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence,

class MD—authorises the holder to provide no more than 49 persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence,

class ME—authorises the holder to provide an unlimited number of persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence.

Each class of master licence also authorises the holder to carry on the security activities authorised under a class 2B licence.

(Repealed)