Security and Investigation Industry Act 1995

There is proper cause for disciplinary action against an agent or security industry trainer if—

the agent or trainer has acted contrary to an assurance accepted under the Fair Trading Act 1987 or an undertaking accepted under the Australian Consumer Law; or

the agent or trainer has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of performing functions as an agent or security industry trainer; or

in the case of a licensed agent supervising another agent subject to an employee (supervision) condition, the agent failed to provide proper supervision of that other agent; or

in the case of an agent who has been carrying on business as an agent—the agent or any other person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, that business;

or

in the case of an agent who has been employed or engaged to manage and supervise an incorporated agent's business—the agent or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, that business; or

in the case of a person licensed or formerly licensed as an agent or security industry trainer—

the licence of the agent or trainer was improperly obtained;

or

the person is not a fit and proper person to hold a licence or, if the agent is a body corporate, a director of the body corporate is not a fit and proper person to be a director of a body corporate that is the holder of a licence; or

events have occurred, or circumstances have come to light, such that the agent or trainer would not be eligible to be granted the licence if he or she were to apply for it; or

in the case of a person licensed or formerly licensed as a security agent or security industry trainer—it would be contrary to the public interest if the person were to be or continue to be licensed.

Disciplinary action may be taken against each director of a body corporate that is an agent if there is proper cause for disciplinary action against the body corporate.

Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.

This section applies in relation to conduct occurring before or after the commencement of this Act.