Security Industry Regulation 2016

This Regulation is the Security Industry Regulation 2016.

This Regulation commences on 1 September 2016.

Note.

This Regulation replaces the Security Industry Regulation 2007, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

acts as a private investigator, for Schedule 1, includes acts in a similar capacity to a private investigator.

Australian Business Number means an ABN (Australian Business Number) within the meaning of section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

qualified accountant means—

a Certified Practising Accountant member of CPA Australia, New South Wales Division, or

a member of Chartered Accountants Australia and New Zealand, New South Wales Branch, who holds a Certificate of Public Practice issued by that organisation, or

a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by the Institute.

Security Licensing and Enforcement Directorate means the Security Licensing and Enforcement Directorate within the NSW Police Force.

the Act means the Security Industry Act 1997.

Note.

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

Notes included in this Regulation do not form part of this Regulation.

For the purposes of the definition of security equipment in section 3 (1) of the Act, the following types of device or equipment are declared not to be security equipment—

any vehicle immobiliser, or similar electronic device, that interrupts the power supply to the fuel pump, starter motor or ignition of a vehicle to prevent the vehicle’s engine from starting,

any road vehicle alarms or sounding devices that comply with clause 2.3.2 (b) of AS/NZS 4601:1999, Vehicle immobilizers,

any intruder alarm systems for road vehicles that comply with AS/NZS 3749.1:2003, Intruder alarm systems—Road vehicles, Part 1: Performance requirements.

For the purposes of section 4 (1) (p) of the Act, the following activities are prescribed—

the carrying on of an activity, other than an activity of an approved class, that involves the manipulation (for example, unlocking) of security equipment otherwise than by ordinary means (the relevant licence being a class 2C licence),

the carrying on of any other locksmithing activity (the relevant licence being a class 2C licence),

the carrying on of the activity of offering to sell, install, maintain, repair and service, and provide advice in relation to, security equipment (the relevant licence being a class 2C licence).

For the Act, section 4(1A), the conduct of health screening, including health screening conducted as a condition of entry to a venue, is not a security activity.

For the purposes of section 4 (2) of the Act, basic household or automotive security item means any of the following—

an item ordinarily used for basic household security and capable of being installed by the owner or occupier, including doors and grilles, door and window locks, padlocks, portable safes weighing not more than 50 kilograms or other electronic or mechanical security items (other than items that are ordinarily installed, maintained or serviced by or on behalf of the supplier of the item),

an item designed to minimise the possibility of motor vehicle theft, including a vehicle immobiliser, vehicle alarm or GPS tracking device,

any other item approved by the Commissioner.

The Commissioner may grant an application for an exemption from the requirement to hold a class 2A security licence (Security Consultant) if the Commissioner is satisfied that the applicant—

is a person the Commissioner must refuse to grant a licence to under the Act, section 15(1)(d), and

has specialised skills or experience not readily available in Australia.

The Commissioner may charge a fee of $1,000 for an application referred to in this clause.

For the Act, section 6(3), the persons specified in Schedule 1 are exempt from the operation of the Act to the extent specified in that schedule.

An application for a licence, or for renewal of a licence, that is lodged by post must be sent to the following address—

Security Licensing and Enforcement Directorate

NSW Police Force

Locked Bag 5099

Parramatta NSW 2124

For the purposes of section 9 (2) of the Act, a class 1 or class 2 licence of any subclass may be combined with a class 1 or class 2 licence of any other subclass or subclasses into a composite licence, but only if the relevant licensee is entitled to hold the other subclass or subclasses of licence.

For the purposes of section 24 (1) of the Act, the period of 1 year is prescribed for a master licence, class 1 or class 2 licence, but only if the applicant for the licence applies for a licence that will be in force for that period.

For the purposes of sections 14 (2) (a) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for licences are specified in Part 1 of Schedule 2.

In addition to any fee payable under subclause (1), an application for a licence is to be accompanied by a fingerprinting and palm printing fee of $40 if the applicant has not had his or her fingerprints or palm prints, or both, taken before in relation to a licence under the Act.

For the purposes of sections 17 (2) (c) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for renewals of licence are specified in Part 2 of Schedule 2.

For the purposes of section 17 (3) of the Act, the prescribed late fees are specified in Part 3 of Schedule 2.

The fee (other than so much of it as is the processing component of the fee) that is paid under subclause (1) or (3) in connection with an application that is withdrawn or refused is to be refunded to the applicant.

In this clause—

processing component of a fee, in relation to an application for a licence or renewal of licence, means the component of the fee prescribed by subclause (1) or (3) in respect of the application that is specified in Part 1 or 2 of Schedule 2 opposite that relevant fee as the processing component of the fee.