Security Providers Act 1993

This Act may be cited as the Security Providers Act 1993.

This Act commences on a day to be fixed by proclamation.

The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading.

Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.

In this section—inspector means a person who holds office under the FTI Act as an inspector for this Act.

The dictionary in schedule 2 defines particular words used in this Act.

A security provider is any of the following—

a bodyguard;

a crowd controller;

a private investigator;

a security adviser;

a security equipment installer;

a security officer;

a security firm.

A person employed by a security provider is not a security provider if the person’s duties are only secretarial or clerical.

Each of the following persons is not a security provider in carrying out the functions of the person’s employment—

a police officer or a member of the police service of the Commonwealth or a State;

a member of the Defence Force;

an officer or employee of the Commonwealth or a State;

a Minister of the Commonwealth or a State;

a department of the Commonwealth or a State;

an officer of or employee in the parliamentary service established under the Parliamentary Service Act 1988;

a casino employee or casino key employee within the meaning of the Casino Control Act 1982.

Also, an authorised person under the Transport Operations (Passenger Transport) Act 1994 is not a security provider in performing a function or exercising a power under that Act.

A bodyguard is a person who, for reward, provides a close personal protection service.

A crowd controller is a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following—

screening the entry of persons into the place;

monitoring or controlling the behaviour of persons in the place;

removing persons from the place.

Example—a bouncer at a hotel, nightclub or rock concert

Despite subsection (1), a person is not a crowd controller merely because the person checks that a person allowed admission to the public place has paid for the admission or has an invitation or pass allowing the admission.

A private investigator is a person who, for reward—

obtains and gives private information about another person, without the other person’s express consent; or

carries out surveillance for obtaining private information about another person, without the other person’s express consent; or

investigates the disappearance of a missing person.

Despite subsection (1), a person is not a private investigator merely because—

the person—

is the employee of a person who does not, for reward, obtain and give information; and

as an employee, obtains and gives information about another person; or

the person—

is an employee of a person who, for reward, obtains and gives information; and

as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or

the person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer.Example of paragraph (a)—a retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card

Each of the following persons is not a private investigator in carrying out the functions of the person’s occupation or employment—

an Australian legal practitioner or an Australian legal practitioner’s employee;

an accountant or an accountant’s employee;

a person carrying on the business of insurance or an employee of the person;

a person carrying on the business of an insurance adjustment agency or an employee of the person.

Also, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged.

In this section—accountant means—

a person registered as an auditor under the Corporations Act; or

a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or

a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.

Australian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2007.independent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Sector Act 2022.private information, about a person, means information, including information recorded in a document, about—

for an individual—the individual’s personal character, actions, business or occupation; or

for a person other than an individual—the person’s business or occupation.

A security adviser is a person who, for reward, gives advice about security equipment or security methods or principles (security advice).

Despite subsection (1), a person is not a security adviser merely because—

the person—

is an employee of a person who does not, for reward, give security advice; and

as an employee, gives security advice to the employer; or

the person—

is an employee of a person who, for reward, gives security advice; and

as an employee, gives security advice to the employer in relation to the employer’s own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or

the person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or

the person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act.

A security equipment installer is a person who, for reward, installs, repairs, services or maintains security equipment.

Despite subsection (1), a person is not a security equipment installer merely because—

the person—

is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and

as an employee, installs, repairs, services or maintains the employer’s security equipment; or

the person—

is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and

as an employee, installs, repairs, services or maintains the employer’s security equipment; or

the person carries out retail key cutting; or

the person installs a basic security item in a building owned or occupied by the person; or

the person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation.

In this section—basic security item means—

a portable safe weighing not more than 50kg; or

a barrier security item; orExample—a security mesh door or window grille

an electronic or mechanical lock used for basic household security; orExample—a door lock, window lock or padlock

a motion sensor light that does not also activate an alarm.

A security officer is a person who, for reward, guards, patrols or watches another person’s property, including by—

personally patrolling the property; or

personally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device.

Subsection (1) applies to a person even if the person’s duties include guarding or watching other persons lawfully on property in a way that is not a close personal protection service.

Despite subsection (1), each of the following is not a security officer—

an engaged service provider within the meaning of the Corrective Services Act 2006, in carrying out the engaged service provider’s functions under that Act;

a person who is an employee of an engaged service provider within the meaning of the Corrective Services Act 2006, in carrying out the functions of the person’s employment.

Also, despite subsection (1) and subject to subsection (5), a person is not a security officer merely because—

the person—

is an employee of a person who does not, for reward, guard, patrol or watch another person’s property; and

as an employee, guards, patrols or watches the employer’s property; or

the person—

is an employee of a person who, for reward, guards, patrols or watches another person’s property; and

as an employee, guards, patrols or watches the employer’s property.

A person who is an employee mentioned in subsection (4) is a security officer if the person—

is employed principally to guard, patrol or watch the employer’s property; or

is employed, whether or not principally, to guard, patrol or watch licensed premises of the employer.

A relevant person, for an application for a licence or application for renewal of an unrestricted licence, is—

if the application is made by an individual—the individual; or

if the application is made by a corporation—an officer of the corporation; or

if the application is made by a partnership—a partner of the partnership.