1Citation
These regulations may be cited as the Security and Related Activities (Control) Regulations 1997.
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Bill homepageThese regulations may be cited as the Security and Related Activities (Control) Regulations 1997.
These regulations come into operation on the day on which the Security and Related Activities (Control) Act 1996 comes into operation.
In these regulations —
approved training course means —
a higher education course within the meaning of that term in the Higher Education Act 2004 section 3; or
a training course accredited for the purposes of the Vocational Education and Training Act 1996 and provided by a person who is —
a registered training provider within the meaning of that term in the Vocational Education and Training Act 1996 section 5; and
approved under regulation 16(3);
or
a training course given interim approval under regulation 16(2) and provided by a person who is —
a registered training provider within the meaning of that term in the Vocational Education and Training Act 1996 section 5; and
approved under regulation 16(3);
business, in relation to a security agent, crowd control agent or inquiry agent, means —
if the agent’s licence is held on behalf of a partnership or body corporate, the business of the partnership or body corporate; or
otherwise, the business of the agent;
crowd control activities means the activities described in section 35(1);
current first aid certificate means a certificate issued to a person on the successful completion of an approved training course in first aid that is current;
guard dog has the meaning given in regulation 38A;
licensed activity means, in relation to a licensee, an activity authorised by the licensee’s licence;
medical certificate means a certificate given by a medical practitioner certifying that on a specified date a named person passed a medical examination of the type prescribed by regulation 15;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
responsible police division means the division of the Police Force of Western Australia that is for the time being responsible for the implementation and enforcement of the Act;
section means a section of the Act;
Superintendent means the police officer of the rank of Superintendent or acting at the rank of Superintendent who is in charge of the responsible police division.
[(2), (3) deleted]
[Regulation 3 amended: Gazette 1 Sep 2005 p. 4073‑4; 3 Oct 2006 p. 4343‑4; 4 Dec 2009 p. 4889‑90; 1 Jul 2011 p. 2749; 29 Jul 2016 p. 3243-4 and 3257; SL 2022/211 r. 4; SL 2024/296 r. 4; SL 2026/89 r. 4.]
Where the Act or these regulations authorises or requires a document to be given or delivered to the Commissioner, the Superintendent or a licensing officer, or the Commissioner, the Superintendent or a licensing officer to be notified, in writing, the document is taken to be given or delivered, or the person notified, if the document or notice is delivered —
personally; or
by post, in accordance with the Interpretation Act 1984 section 75(1),
to the offices of the responsible police division at 303 Sevenoaks Street, Cannington WA 6107 or to Locked Bag 9, East Perth WA 6892.
[Regulation 4A inserted: Gazette 4 Dec 2009 p. 4891; amended: Gazette 29 Jul 2016 p. 3244.]
In this regulation —
licensed premises has the same meaning as in the Liquor Control Act 1988 1.
An usher or ticket collector at a theatre or cinema that is not a licensed premises is exempt from section 37 to the extent that his or her functions include screening persons seeking entry to that theatre or cinema.
A ticket collector or turnstile operator at a sporting venue that is not a licensed premises is exempt from section 37 to the extent that his or her functions include screening persons seeking entry to that venue.
A natural person who is the licensee or manager of licensed premises is exempt from section 37 to the extent that he or she performs crowd control activities on those premises in compliance with the Liquor Control Act 1988 1.
[5. Deleted: Gazette 29 Apr 2011 p. 1532.]
In this regulation the words set out in the Table to this subregulation have the respective meanings that they have in the Court Security and Custodial Services Act 1999.
Table
contract | court security service |
contractor | custodial service |
contract worker | subcontractor |
A person who is a contractor, subcontractor or contract worker is, in respect of actions performed in the course of providing a court security service or a custodial service under a contract, exempt from all of the provisions of the Act.
A person is exempt from sections 21, 33 and 40 if the sole purpose of the advertisement or the holding out that he or she is willing to supply services referred to in the respective sections is to become a contractor or subcontractor and supply the services for the purposes of a contract.
[Regulation 5A inserted: Gazette 28 Jul 2000 p. 4028; amended: Gazette 12 Jun 2001 p. 2959‑60.]
In this regulation the words set out in the Table to this subregulation have the respective meanings that they have in the Prisons Act 1981.
Table
contract | prison services |
contractor | subcontractor |
contract worker |
A person who is a contractor, subcontractor or contract worker for the purposes of Part IIIA of the Prisons Act 1981 is, in respect of actions performed in the course of providing prison services under a contract entered into under that Part, exempt from all of the provisions of the Act.
A person is exempt from sections 21, 33 and 40 if the sole purpose of the advertisement or the holding out that the person is willing to supply services referred to in the respective sections is to become a contractor or subcontractor and supply the services for the purposes of a contract.
[Regulation 5B inserted: Gazette 12 Jun 2001 p. 2960.]
The locks prescribed for the purposes of section 14(1)(d) are locks (other than key in knob sets) —
the purpose of which is to prevent unauthorised entry to a place; and
that are operated by a key, code, card or digital function.
[Regulation 6 inserted: Gazette 13 Apr 2006 p. 1555.]
The security doors prescribed for the purposes of section 14(1)(e) are hinged or sliding doors —
the purpose of which is to prevent forced entry to a place; and
comprising material that —
provides a physical barrier to entry but allows the passage of light and air; and
is fitted inside a frame.
[Regulation 7 inserted: Gazette 13 Apr 2006 p. 1555‑6.]
The following equipment and devices are prescribed for the purposes of section 14(1)(g) —
fences —
the purpose of which is to prevent unauthorised human access to a place; and
comprising one or more electrical conductors to which electric pulses are applied;
and
screens, panels, doors and walls the purpose of which is to prevent penetration by bullets discharged from firearms; and
equipment by which a screen, panel, door or wall mentioned in paragraph (b) is operated.
[Regulation 8 amended: Gazette 13 Apr 2006 p. 1556.]
The following activities are prescribed for the purposes of section 24(1)(b) —
guarding an automatic teller machine while it is malfunctioning or is being repaired or serviced;
guarding a safe while it is malfunctioning or is being repaired or serviced;
guarding money or an article of value at a place of business specified in a security agent’s licence.
[Regulation 9 inserted: Gazette 1 Sep 2005 p. 4074.]
In this regulation —
relevant training course means a firearm safety training course, as defined in the Firearms Act 2024 section 166(1), that —
under the regulations referred to in that section, is the course that an applicant for approval as an authorised person for a Security Agent Business Licence under the Firearms Act 2024 is required to complete; and
if applicable — is taught by a person by whom the approval of the course requires it to be taught.
An application for an endorsement under section 24 is to be made to a licensing officer in the approved form and is to be accompanied by —
a medical certificate relating to a medical examination carried out within the previous month; and
evidence that within the previous 6 months the applicant has successfully completed the relevant training course; and
[(ab) deleted]
the fee provided for in Schedule 4.
[Regulation 10 amended: Gazette 1 Sep 2005 p. 4074; 3 Oct 2006 p. 4344; SL 2024/296 r. 5.]
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