Interpretation

Current

(1)

In this Act, unless the contrary intention appears—

agent means a security agent, an investigation agent or a process server;

approved psychological assessment means a form of psychological assessment approved by the Commissioner for the purpose of determining whether a person is fit and proper to hold a security agents licence;

Commissioner means the Commissioner for Consumer

Affairs;

controlling crowds—the function of controlling crowds includes screening persons seeking to enter a place and managing persons who behave in a disorderly manner or create a nuisance;

Court means the Administrative and Disciplinary

Division of the District Court of South Australia;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

director of a body corporate includes—

(a)

a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b)

any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; and

(c)

a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the body corporate or who has the capacity to affect significantly the body corporate's financial standing;

employee condition—see section 7A(1)(b);

employee (supervision) condition—see section 7A(1)(c);

firearm has the same meaning as in the

Firearms

Act 2015;

firearms licence has the same meaning as in the

Firearms

Act 2015;

fit and proper person—see subsection (2);

holder of a security agents licence includes the holder of a security agents licence that has been suspended;

investigation agent means a person who performs one or more of the following functions for fee or reward:

(a)

ascertaining the whereabouts of or repossessing goods that are subject to a security interest;

(b)

collecting or requesting the payment of debts;

(c)

executing legal process for the enforcement of a judgment or order of a court;

(d)

executing distress for the recovery of rates, taxes or money;

(e)

obtaining or providing (without the written consent of a person) information as to the personal character or actions of the person or as to the business or occupation of the person;

(f)

searching for missing persons;

(g)

obtaining evidence for the purpose of legal proceedings (whether the proceedings have been commenced or are prospective);

investigation agents licence means a licence under this Act authorising a person to act as an investigation agent;

loss adjuster means a person who performs one or more of the following functions:

(a)

investigating loss or injury arising from the use of a motor vehicle or personal injury arising out of or in the course of the employment of the person by whom the injury was sustained;

(b)

obtaining evidence for the purpose of legal proceedings in respect of such loss or injury;

(c)

assessing pecuniary compensation or damages likely to be awarded in respect of such loss or injury;

(d)

making, commencing, resisting, negotiating, compromising or settling a claim in respect of such loss or injury;

partnership (business only) condition—see section 7A(1)(e);

partnership condition—see section 7A(1)(d);

process server means a person who, for fee or reward, serves a writ, summons or other legal process;

restricted functions condition—see section 7A(1)(a) and (2);

security agent means a person who performs one or more of the following functions for fee or reward:

(a)

protecting or guarding a person or property or keeping a person or property under surveillance;

(ab)

hiring out or otherwise supplying persons for the purpose of protecting or guarding a person or property or keeping a person or property under surveillance;

(b)

hiring out or otherwise supplying dogs or other animals for the purpose of protecting or guarding property;

(c)

preventing, detecting or investigating the commission of an offence in relation to a person or property;

(ca)

hiring out or otherwise supplying persons for the purpose of preventing, detecting or investigating the commission of an offence in relation to a person or property;

(d)

controlling crowds;

(da)

hiring out or otherwise supplying persons for the purpose of controlling crowds;

(e)

providing advice on security alarm or surveillance systems;

(f)

hiring out or otherwise supplying security alarm or surveillance systems or persons to provide advice on security alarm or surveillance systems;

(g)

installing or maintaining security alarm or surveillance systems;

(h)

hiring out or otherwise supplying persons for the purpose of installing or maintaining security alarm or surveillance systems;

security agents licence means a licence under this Act authorising a person to act as a security agent;

security alarm or surveillance system means electronic or other devices designed, constructed or adapted to give warning of or monitor or record unauthorised entry or misconduct on premises or parts of premises;

security industry trainer means a person who personally provides security industry training;

security industry trainers licence means a licence under this Act authorising a person to act as a security industry trainer;

security industry training means—

(a)

training designed to provide a person with a qualification determined by the Commissioner to be required for a person to be eligible to hold a security agents licence (other than a licence authorising only the performance of functions relating to security alarm or surveillance systems);

(b)

training designed to meet the requirements of a training condition to which a security agents licence (other than a licence authorising only the performance of functions relating to security alarm or surveillance systems) may be made subject; or

(c)

training required by the Commissioner to be completed by the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds; or

(d)

training of a kind prescribed by the regulations;

[Note: NoteParagraph (b) had not come into operation at the date of the publication of this version.]

security industry training provider means a person who carries on a business of providing security industry training;

security interest means any interest in or power over goods that secures payment of a debt or performance of any other obligation;

temporary licence—see section 7(2);

training condition—see section 7A(1)(f). NoteDefinitions of temporary licence and

training condition had not come into operation at the date of the publication of this version.

(2)

For the purposes of this Act, the following provisions govern whether a person is a fit and proper person to hold a licence or to be the director of a body corporate that holds a licence:

(a)

a person is not a fit and proper person to hold a licence or to be the director of a body corporate that holds a licence if—

(i)

the person has been found guilty or convicted of an offence as prescribed by the regulations; or

(ii)

the person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the

Commonwealth, another State or a Territory of the Commonwealth;

(b)

in deciding whether a person is a fit and proper person to hold an investigation agents licence, or to be the director of a body corporate that is the holder of an investigation agents licence, regard may be had to—

(i)

the reputation, honesty and integrity of the person; and

(ii)

any other factor relevant to the performance of the functions authorised or to be authorised by the licence, including any relevant offence (not prescribed by the regulations) of which the person has been convicted or found guilty;

(c)

in deciding whether a person is a fit and proper person to hold a security agents licence, or to be the director of a body corporate that is the holder of a security agents licence, regard must be had to—

(i)

the reputation, honesty and integrity of the person;

and

(ii)

the reputation, honesty and integrity of people with whom the person associates; and

(iii)

if the licence authorises or is to authorise the licensee to personally perform the function of controlling crowds—

(A)

the results of any psychological assessment of the person under this Act; and

(B)

any evidence that the person has contravened a provision of the

Gaming Machines

Act 1992 or the Liquor Licensing Act 1997 relating to the prevention of a person from entering, or the removal of a person from, licensed premises (within the meaning of the Liquor Licensing Act 1997);

and

(iv)

(d)

in deciding whether a person is a fit and proper person to hold a security industry trainers licence, regard must be had to—

(i)

the reputation, honesty and integrity of the person;

and

(ii)

the reputation, honesty and integrity of people with whom the person associates; and

(iii)

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3 Interpretation