Private Security (Security Firms) Regulations 1998

These Regulations may be cited as the Private Security (Security Firms) Regulations 1998.

For the definition of disqualifying offence in section 3 of the Act, the following offences are prescribed in relation to a security firm's licence:

an offence against section 69, 156, 160, 165, 166, 177, 181, 182, 186, 188(2), 188A, 189A, 189, 193, 193B, 194, 195, 196, 208H, 208HA, 208HB, 208J, 208JA, 208JB, 208JC, 208JD, 208JE, 208JF, 208JG, 218, 226, 228AH, 228AK, 228AO, 228C, 228D, 228E, 236B, 243(1) or 260 of the Criminal Code;

an offence against section 188(1) of the Criminal Code where a circumstance of aggravation as specified in subsection (2) exists;

an offence against section 217 of the Criminal Code where a custodial sentence is imposed that is wholly or partially served;

an offence against section 132, 188(2)(k), 192 or 192B of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023;

an offence against section 211, 212, 227, 228, 229, 231 or 233 of the Criminal Code as in force before the commencement of the Criminal Code Amendment (Property Offences) Act 2022;

an offence against section 210 of the Criminal Code as in force before the commencement of the Criminal Code Amendment (Property Offences) Act 2022 in relation to which a custodial sentence is imposed that is wholly or partially served;

an offence against section 59, 61, 63A, 74, 77, 82, 83, 84, 85 or 86 of the Firearms Act 1997;

an offence against Part II, Division 1 of the Misuse of Drugs Act 1990;

an offence against section 6, 7, 8 or 9 of the Weapons Control Act 2001;

an offence against a law of the Commonwealth where the penalty for the offence is imprisonment for 2 years or more.

For the purposes of section 14(5) of the Act, the following information is prescribed in relation to an application for a security firm's licence:

2 identical current passport-sized photographs; and

the fingerprints of, where the applicant is:

a natural person - the applicant;

a partnership - each partner in the partnership; or

a corporation - each officer, within the meaning of section 17(1) of the Act, of the corporation.

For section 18(6) of the Act, the fee for granting a security firm's licence is:

if the applicant is a natural person:

620 revenue units - if the licence is granted for one year; or

930 revenue units - if the licence is granted for 2 years; or

1 096 revenue units - if the licence is granted for 3 years; or

if the applicant is a partnership:

620 revenue units for each partner - if the licence is granted for one year; or

930 revenue units for each partner - if the licence is granted for 2 years; or

1 096 revenue units for each partner - if the licence is granted for 3 years; or

if the applicant is a corporation:

1 239 revenue units - if the licence is granted for one year; or

1 794 revenue units - if the licence is granted for 2 years; or

2 143 revenue units - if the licence is granted for 3 years.

For section 24(2) of the Act, the fee for renewing a security firm's licence is:

if the applicant is a natural person:

620 revenue units - if the licence is renewed for one year; or

930 revenue units - if the licence is renewed for 2 years; or

1 096 revenue units - if the licence is renewed for 3 years; or

if the applicant is a partnership:

620 revenue units for each partner - if the licence is renewed for one year; or

930 revenue units for each partner - if the licence is renewed for 2 years; or

1 096 revenue units for each partner - if the licence is renewed for 3 years; or

if the applicant is a corporation:

1 239 revenue units - if the licence is renewed for one year; or

1 794 revenue units - if the licence is renewed for 2 years; or

2 143 revenue units - if the licence is renewed for 3 years.

For section 25(1A) of the Act, the fee is 30 revenue units.

A security firm must not engage in the business of supplying, for reward, the services of crowd controllers or security officers unless the firm has the licences and permits required by a law in force in the Territory to engage in the business.

Maximum penalty: 20 penalty units.

A security firm must not later than 30 days after changing its address notify the Director of its new address.

Maximum penalty: 20 penalty units.

A security firm must ensure that a register of security officers, containing accurate records of information referred to in subregulation (5), is kept in a manner approved by the Director.

Maximum penalty: 20 penalty units.

An employer must permit an inspector to examine the register kept under subregulation (3).

Maximum penalty: 20 penalty units.

For subregulation (3), the information that must be kept by a security firm is:

the name and residential address of each security officer employed by it; and

the number assigned by the Director to the security officer's licence; and

for each day on which the security officer provides his or her services as a security officer, the number assigned to the security officer by the security firm; and

the date of, and details in relation to, each incident in which physical force was used by or against the security officer while the security officer was providing his or her services as a security officer.

In this regulation:

security firm means a person who, or partnership that, is the holder of security firm licence.

security officer means a person who is the holder of

a security officer's provisional licence; or

a security officer's licence.