Security Providers Regulation 2008

This regulation may be cited as the Security Providers Regulation 2008.

This regulation commences on 1 July 2008.

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

This section applies to an application for a licence for carrying out the functions of 1 or more of the following—

a bodyguard;

a crowd controller;

a private investigator;

a security adviser;

a security equipment installer;

a security officer.

The application must be accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive.

Example—

The chief executive may adopt a system under which—

points are assigned to the applicant for producing particular evidence of identity; and

the applicant is required to achieve a total number of points stated by the chief executive.

An application by an individual for a security firm licence must be accompanied by evidence of the individual’s identity that is satisfactory to the chief executive.

An application by a corporation for a security firm licence must be accompanied by evidence of the identity of each officer of the corporation that is satisfactory to the chief executive.

An application by a partnership for a security firm licence must be accompanied by evidence of the identity of each partner in the partnership that is satisfactory to the chief executive.

This section applies to an application for a licence, or renewal of a licence, for carrying out the functions of 1 or more of the following—

a bodyguard;

a crowd controller;

a private investigator;

a security adviser;

a security equipment installer;

a security officer.

The application must be accompanied by—

if the application is for a licence and the applicant has not, in the last 2 years, given the chief executive 2 recent certified photographs of the applicant—2 recent certified photographs of the applicant; and

if the application is for a class 1 unrestricted licence—evidence satisfactory to the chief executive of the applicant’s successful completion of an approved training course for carrying out the functions of each type of security provider for which the licence is sought.

The chief executive may require an applicant for renewal of a licence to give the chief executive 2 recent certified photographs of the applicant.

In this section—

recent certified photograph, of an applicant, means a recent passport-size photograph certified to be a photograph of the applicant by a person who has known the applicant for at least 1 year.

The chief executive may require an applicant for a licence, or renewal of a licence, to produce evidence satisfactory to the chief executive to verify a statement made in the application, including—

if the applicant is an individual—the individual’s full name, date of birth and place of birth; and

if the applicant is a corporation—the full name, date of birth and place of birth of each officer of the corporation; and

if the applicant is a partnership—the full name, date of birth and place of birth of each partner in the partnership.

An application for a temporary permit under section 31C of the Act must—

be accompanied by—

the corresponding authority held by the applicant that is relied on for the application; and

documentary evidence, satisfactory to the chief executive, of the applicant’s engagement to carry out functions authorised under the corresponding authority at the event for which the permit is sought; and

state the period during which the applicant intends that the authorised functions will be carried out at the event.

If an applicant for a security firm licence proposes to carry on business under more than 1 name, the chief executive must state on the licence the registered or held business names under which the applicant may carry on business.

An entity must not carry on the business of a security firm under a name other than a name stated on the security firm licence granted to the entity.

Maximum penalty—20 penalty units.

In this section—

entity includes a partnership.

This section applies to a licence for carrying out the functions of 1 or more of the following—

a bodyguard;

a crowd controller;

a private investigator;

a security adviser;

a security equipment installer;

a security officer.

The licence must contain a photograph of the licensee.

A licensee must give the chief executive notice of any change in the licensee’s particulars within 7 days after the change.

Maximum penalty—10 penalty units.

In this section—

particulars means—

for an individual—

the individual’s name; or

if the individual is carrying on the business of a security firm—the name under which the individual carries on business; or

the individual’s postal address; or

the individual’s residential address; or

if the individual is carrying on the business of a security firm—each place of business of the individual; or

a charge against, or conviction of, the individual for a disqualifying offence; or

if the individual is carrying on the business of a security firm—when the individual’s current membership of an approved security industry association ends; or

for a corporation—

the name of the corporation; or

the name under which the corporation carries on business; or

the postal address of the corporation; or

each place of business of the corporation; or

the composition of the officers of the corporation; or

a charge against, or conviction of, an officer of the corporation for a disqualifying offence; or

a charge against, or conviction of, the corporation for a disqualifying offence; or

when the corporation’s current membership of an approved security industry association ends; or

for a partnership—

the name of the partnership; or

the name under which the partnership carries on business; or

the postal address of the partnership; or

each place of business of the partnership; or

the composition of the partners in the partnership; or

a charge against, or conviction of, a partner in the partnership for a disqualifying offence; or

when the partnership’s current membership of an approved security industry association ends.

Examples of when membership of approved security industry association ends for subsection (2)(a)(vii), (b)(viii) and (c)(vii)—

membership lapses or is suspended, terminated or cancelled