Private Security and County Court Amendment Act 2024 (Vic)

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Private Security and County Court Amendment Act 2024

No. 12 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendments in relation to licensing, registration and sub-contracting

4Purposes

5Definitions

6Act not applicable to certain persons

7Offence to carry on the business of providing certain private security services without a private security business licence

8Holding out offence—private security business licence

9Offence to carry on certain activities without a private security individual operator licence

10Holding out offence—private security individual operator licence

11Sections 9, 10, 11 and 12 repealed

12Grant of private security business licence

13Grant of private security individual operator licence

14New section 15A inserted

15Additional particular requirements for licence applications

16Section 18 repealed

17Licence granted on condition that training be completed

18Section 37 substituted

19Application by holder of licence to vary licence to authorise additional activity

20Cancellation of licence or authority to carry on activity on licence holder's request

21Power of Chief Commissioner to hold disciplinary inquiry

22Interim suspension of licence or authority

23Actions Chief Commissioner may take at inquiry

24Surrender and issue of licence document upon cancellation or suspension

25Temporary interstate visitor permit to carry out activity

26Temporary interstate visitor permit to carry on business of providing services

27Procedure for applications for permits

28Part 4 repealed

29Heading to Part 5 amended

30Nominated person of body corporate

31Duplicate licence or registration document

32Business name

33Section 127 repealed

34Licence, registration or permit to be produced on demand

35Registered address

36Advertisements to contain licence or registration number

37Offence to provide or employ unlicensed persons

38Section 132 repealed

39Requirement to display licence or registration document at business premises

40Permanent records to be kept

41False or misleading statements and particulars

42New sections 136A and 136B inserted

43New Part 5A inserted

44Review by VCAT

45Liability of body corporate or holder of licence or registration for acts of officers, employees or agents

46New sections 171 and 171A inserted

47Chief Commissioner to keep register

48Requirement to notify Chief Commissioner of changes to close associates

49Body corporate to notify Chief Commissioner of changes to officers

50Requirement to notify Chief Commissioner of criminal charges

51Annual reporting

52Section 179 repealed

53Regulations

54New Part 12 inserted

Part 3—Other amendments to the Private Security Act 2004

55Definitions

56Holding out offence—private security business licence

57Holding out offence—private security individual operator licence

58Complaints

59Appointment of special counsel if review involves protected information

Part 4—Amendments to other Acts

60Certain persons prohibited from engaging in debt collection

61What is the security industry?

Part 5—Amendments to the County Court Act 1958 and the Sentencing Act 1991

62Adjournment of proceeding to Drug Court Division

63Statute law revision—section 103A renumbered

64Drug Court may hear and determine certain offences

Part 6—Repeal of this Act

65Repeal of this Act

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Endnotes

1      General information

Private Security and County Court Amendment Act 2024

No. 12 of 2024

[Assented to 9 April 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Private Security Act 2004—

(i)to provide for a new licensing system for the private security industry; and

(ii)in relation to applications for, and the renewal of, a private security licence; and

(iii)in relation to complaints about the conduct of a holder of a private security licence; and

(iv)to provide for offences in relation to sub-contracting; and

(v)to provide for a code of conduct for holders of private security licences; and

(vi)to require a risk management plan to be prepared before a security activity is carried on; and

(vii)in relation to the appointment of special counsel under Part 7 of that Act; and

(b)to amend the County Court Act 1958 and the Sentencing Act 1991 to extend the operation of the Drug Court Division of the County Court; and

(c)to consequentially amend other Acts.

2Commencement

(1)This Act (other than Parts 2 and 4) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), Parts 2 and 4 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 19 June 2025, it comes into operation on that day.

3Principal Act

In this Act, the Private Security Act 2004 is called the Principal Act.

PART 2—AMENDMENTS IN RELATION TO LICENSING, REGISTRATION AND SUB-CONTRACTING

4Purposes

In section 1(a) of the Principal Act omit "and registration".

5Definitions

In section 3 of the Principal Act—

(a)insert the following definitions—

"ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

code of conduct means the code of conduct developed under section 171;

private security individual operator (security guard) licence means a private security individual operator licence that authorises the holder to carry on the activity of acting as a security guard;

risk management plan means the plan referred to in section 136A;";

(b)the definitions of class A security activity and class B security activity are repealed;

(c)in the definition of close associate—

(i)omit "or a private security business registration" (where twice occurring);

(ii)omit "or registration" (wherever occurring);

(iii)omit "or the applicant obtained registration (as the case may be)";

(d)for the definition of nominated person substitute—

"nominated person, in relation to a licence holder, means the person nominated under section 124 by that licence holder;";

(e)the definitions of private security business registration, private security individual operator registration and private security registration are repealed;

(f)in the definition of register of licence and registration holders omit "and registration";

(g)in the definition of registered address omit "or of a private security registration";

(h)for the definition of security activity substitute—

"security activity means any of the following activities—

(a)acting as an investigator;

(b)acting as a bodyguard;

(c)acting as a crowd controller;

(d)acting as a security guard;

(e)acting as a private security trainer;

(f)acting as a security equipment installer;

(g)acting as a security adviser;";

(i)the definition of specified identification method is repealed.

6Act not applicable to certain persons

(1)In section 4 of the Principal Act—

(a)omit ", a private security registration";

(b)omit "or Division 5 of Part 4".

(2)In section 4(h) of the Principal Act—

(a)omit ", or a business for which a private security business registration is required";

(b)subparagraph (iv) is repealed;

(c)in subparagraph (v), for "Act; or" substitute "Act;";

(d)subparagraph (vi) is repealed.

7Offence to carry on the business of providing certain private security services without a private security business licence

For section 5(1) of the Principal Act substitute—

"(1)A person must not carry on the business of providing the services of other persons to carry on a security activity (other than a specified security guard activity) unless the person is the holder of a private security business licence that authorises that person to carry on the business of providing the services of other persons to carry on that security activity.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 240 penalty units.".

8Holding out offence—private security business licence

For section 6(1) of the Principal Act substitute—

"(1)A person must not in any way indicate that the person carries on or is willing to carry on the business of providing the services of other persons to carry on a security activity (other than a specified security guard activity) unless the person is the holder of a private security business licence that authorises that person to carry on the business of providing the services of other persons to carry on that security activity.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 40 penalty units.

Note

See also section 256 of the Victoria Police Act 2013.".

9Offence to carry on certain activities without a private security individual operator licence

For section 7(1) of the Principal Act substitute—

"(1)A person must not carry on a security activity (other than a specified security guard activity) unless that person is the holder of a private security individual operator licence that authorises the person to carry on that security activity.

Penalty:120 penalty units.".

10Holding out offence—private security individual operator licence

For section 8(1) of the Principal Act substitute—

"(1)A person must not in any way indicate that the person carries on or is willing to carry on a security activity (other than a specified security guard activity) unless that person is the holder of a private security individual operator licence that authorises the person to carry on that security activity.

Penalty:20 penalty units.

Note

See also section 256 of the Victoria Police Act 2013.".

11Sections 9, 10, 11 and 12 repealed

Sections 9, 10, 11 and 12 of the Principal Act are repealed.

12Grant of private security business licence

(1)For section 14(1) of the Principal Act substitute—

"(1)The Chief Commissioner may license a person to carry on the business of providing the services of other persons to carry on one or more security activities.".

(2)In section 14(2) of the Principal Act, for "the activities" substitute "the security activities".

(3)For section 14(3) of the Principal Act substitute—

"(3)Without limiting subsection (2), in granting a private security business (security guard) licence under subsection (1), the Chief Commissioner may specify that the holder of the licence is authorised to carry on the business of providing the services of other persons to carry on one or more specified security guard activities.".

13Grant of private security individual operator licence

(1)For section 15(1) of the Principal Act substitute—

"(1)The Chief Commissioner may license a natural person to carry on one or more security activities.".

(2)In section 15(2) of the Principal Act, for "the activities" substitute "the security activities".

(3)For section 15(3) of the Principal Act substitute—

"(3)Without limiting subsection (2), in granting a private security individual operator (security guard) licence under subsection (1), the Chief Commissioner may specify that the holder of the licence is authorised to carry on one or more specified security guard activities.".

14New section 15A inserted

After section 15 of the Principal Act insert—

"15A   Independent contractors must hold private security business licence and private security individual operator licence

(1)This section applies from the day that is the 6 month anniversary of the commencement of section 14 of the Private Security and County Court Amendment Act 2024.

(2)A natural person who operates as an independent contractor to carry on a security activity and has an ABN in relation to, or in connection with, that activity must hold a private security business licence and a private security individual operator licence.".

15Additional particular requirements for licence applications

For section 17(1) and (2) of the Principal Act substitute—

"(1)An application for a private security individual operator licence must be accompanied by—

(a)a full set of the applicant's fingerprints; and

(b)if the Chief Commissioner so requires, proof of the identity of the applicant in the form approved by the Chief Commissioner.

(2)An application for a private security business licence must be accompanied by—

(a)in the case of an application by a natural person—

(i)a full set of the applicant's fingerprints; and

(ii)if the Chief Commissioner so requires, proof of the identity of the applicant in the form approved by the Chief Commissioner; and

(iii)a statement setting out the name and the business, residential and postal address of any person who is a close associate of the applicant, that is signed by each close associate specified in the statement; and

(iv)if the Chief Commissioner so requires, proof of the identity of each person named in the statement in the form approved by the Chief Commissioner; and

(b)in the case of an application by a body corporate—

(i)a statement setting out the name and the business, residential and postal address of—

(A)the nominated person of the body corporate; and

(B)any other officers of the body corporate; and

(ii)a statement setting out the name and the business, residential and postal address of any person who is a close associate of the applicant, that is signed by each close associate specified in the statement; and

(iii)in the case of a person referred to in subparagraph (i)(A) or (B), a full set of the person's fingerprints if the Chief Commissioner so requires; and

(iv)in the case of a person referred to in subparagraph (ii), a full set of the person's fingerprints if the Chief Commissioner so requires.".

16Section 18 repealed

Section 18 of the Principal Act is repealed.

17Licence granted on condition that training be completed

In section 33 of the Principal Act omit "class A".

18Section 37 substituted

For section 37 of the Principal Act substitute—

"37   Circumstances in which the Chief Commissioner must refuse to renew a licence

(1)The Chief Commissioner must not renew a private security licence unless the Chief Commissioner is satisfied that—

(a)the applicant has satisfied any relevant criteria set out in sections 25 and 26, with such modifications as are necessary; and

(b)the applicant has successfully completed refresher training approved by the Chief Commissioner; and

(c)the applicant has a current first aid qualification approved by the Chief Commissioner; and

(d)if the applicant's licence authorises the applicant to carry on a security activity specified in subsection (2) or to provide the services of persons to carry on a security activity specified in subsection (2), the applicant has successfully completed any further refresher training approved by the Chief Commissioner.

(2)The following security activities are specified—

(a)acting as a bodyguard;

(b)acting as a crowd controller;

(c)acting as a security guard.

(3)For the purposes of subsection (1)(c), a first aid qualification approved by the Chief Commissioner is taken to be current if the training that forms part of the qualification was completed within the previous 3 years.".

19Application by holder of licence to vary licence to authorise additional activity

In section 42(1) and (2) of the Principal Act omit "class A".

20Cancellation of licence or authority to carry on activity on licence holder's request

In section 45(1)(b)(i) and (ii) of the Principal Act omit "class A".

21Power of Chief Commissioner to hold disciplinary inquiry

After section 50(b) of the Principal Act insert—

"(ba)the holder of a private security licence has contravened the code of conduct; or".

22Interim suspension of licence or authority

In section 51(1)(b)(i) and (ii) of the Principal Act omit "class A".

23Actions Chief Commissioner may take at inquiry

In section 56(e) and (g) of the Principal Act omit "class A" (wherever occurring).

24Surrender and issue of licence document upon cancellation or suspension

In section 59(1)(b) and (2) of the Principal Act omit "class A" (wherever occurring).

25Temporary interstate visitor permit to carry out activity

In section 64(1) of the Principal Act omit "class A".

26Temporary interstate visitor permit to carry on business of providing services

In section 65(1) of the Principal Act omit "class A".

27Procedure for applications for permits

For section 68(2) of the Principal Act substitute—

"(2)An application for a permit must be accompanied by proof of the identity of the applicant in the form approved by the Chief Commissioner, if the Chief Commissioner so requires.".

28Part 4 repealed

Part 4 of the Principal Act is repealed.

29Heading to Part 5 amended

In the heading to Part 5 of the Principal Act omit "and registrations".

30Nominated person of body corporate

(1)Section 124(5), (6), (7) and (8) of the Principal Act are repealed.

(2)For section 124(10) of the Principal Act substitute—

"(10)In this section, qualified person, in relation to a body corporate that is an applicant for or the holder of a private security business licence, means a person who—

(a)is an officer or employee of the body corporate primarily responsible for managing the operation of the business of the body corporate; and

(b)meets the probity and competency requirements set out in section 26(2) and (3).".

31Duplicate licence or registration document

(1)In the heading to section 125 of the Principal Act omit "or registration".

(2)In section 125(1) of the Principal Act—

(a)in paragraph (a) omit "or a private security registration";

(b)in paragraph (b) omit "or registration (as the case may be)".

32Business name

(1)In section 126(1) of the Principal Act—

(a)omit "or a private security registration";

(b)omit "or the registration (as the case may be)".

(2)In section 126(2) of the Principal Act—

(a)omit "or a private security registration";

(b)in paragraph (b) omit "or registration (as the case may be)".

(3)In section 126(3) of the Principal Act—

(a)omit "or on a private security registration";

(b)omit "or registration (as the case may be)".

33Section 127 repealed

Section 127 of the Principal Act is repealed.

34Licence, registration or permit to be produced on demand

(1)In the heading to section 128 of the Principal Act omit ", registration".

(2)For section 128(1) of the Principal Act substitute—

"(1)A police officer or an authorised person may request that—

(a)the holder of a private security licence produce the licence document for inspection; or

(b)the holder of a permit under Division 6 of Part 3 produce the permit document for inspection.".

(3)For section 128(4) of the Principal Act substitute—

"(4)The holder of—

(a)a private security licence, if requested by a person to whom the holder is providing services under the licence, must produce the licence document for inspection; or

(b)a permit issued under Division 6 of Part 3, if requested by a person to whom the holder is providing services under the permit, must produce the permit for inspection.".

35Registered address

(1)In section 129(1) of the Principal Act—

(a)omit "or a private security business registration";

(b)for "or registration is granted (as the case requires)" substitute "is granted".

(2)In section 129(2) of the Principal Act—

(a)omit "or a private security business registration";

(b)omit "or registration (as the case may be)".

(3)In section 129(3) of the Principal Act—

(a)omit "or a private security individual operator registration";

(b)for "or registration is granted (as the case requires)" substitute "is granted".

(4)In section 129(4) of the Principal Act omit "or a private security individual operator registration".

36Advertisements to contain licence or registration number

(1)In the heading to section 130 of the Principal Act omit "or registration".

(2)In section 130 of the Principal Act—

(a)omit "or a private security registration";

(b)omit "or registration (as the case may be)".

37Offence to provide or employ unlicensed persons

In section 131(1) and (2) of the Principal Act omit "class A".

38Section 132 repealed

Section 132 of the Principal Act is repealed.

39Requirement to display licence or registration document at business premises

(1)In the heading to section 133 of the Principal Act omit "or registration".

(2)In section 133 of the Principal Act—

(a)omit "or a private security business registration";

(b)omit "or registration document (as the case may be)";

(c)omit "or registration (as the case may be)".

40Permanent records to be kept

(1)In section 134(1) of the Principal Act—

(a)for "any class A" substitute "a";

(b)in paragraph (a), for "any class A" substitute "the".

(2)Section 134(2) of the Principal Act is repealed.

41False or misleading statements and particulars

In section 135 of the Principal Act omit ", written reference".

42New sections 136A and 136B inserted

After section 136 of the Principal Act insert—

"136A Requirement to prepare a risk management plan

(1)A natural person who employs or engages the holder of a private security licence to carry on a security activity or to provide the services of other persons to carry on a security activity must prepare a risk management plan before the security activity is carried on.

Penalty:30 penalty units.

(2)A person who employs less than 10 persons and employs or engages the holder of a private security licence to carry on a security activity or to provide the services of other persons to carry on a security activity must prepare a risk management plan before the security activity is carried on.

Penalty:In the case of a natural person, 30 penalty units;

In the case of a body corporate, 60 penalty units.

(3)A person who employs 10 or more persons and employs or engages the holder of a private security licence to carry on a security activity or to provide the services of other persons to carry on a security activity must prepare a risk management plan before the security activity is carried on.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 120 penalty units.

(4)A risk management plan prepared under this section must be in the form approved by the Chief Commissioner.

136BRequirement to provide specified information and equipment

A person who employs or engages the holder of a private security licence to carry on a security activity or to provide the services of other persons to carry on a security activity must give each person carrying on the security activity at least one day before that security activity is carried on or those services are provided the following—

(a)a copy of the risk management plan prepared under section 136A;

(b)prescribed equipment;

(c)information, in writing, about the person's role and responsibilities when carrying on the security activity.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 120 penalty units.".

43New Part 5A inserted

After Part 5 of the Principal Act insert—

"PART 5A—OFFENCES IN RELATION TO SUB-CONTRACTING

Division 1—Interpretation

136CDefinitions

In this Part—

client means a person who has employed or engaged a principal contractor to provide the services of other persons to carry on a security activity;

principal contractor means the holder of a private security business licence and includes an independent contractor;

sub-contractor means—

(a)the holder of a private security business licence who is not the principal contractor; or

(b)the holder of a private security individual operator licence.

Division 2—Offences in relation to principal contractors

136DEngagement of sub-contractor by principal contractor

(1)This section applies if a principal contractor is required to engage a sub-contractor to carry on a security activity or to provide the services of other persons to carry on a security activity on the principal contractor's behalf.

(2)At least one day before the security activity commences, the principal contractor must obtain the client's written consent to the sub‑contractor carrying on the security activity or providing those services.

Penalty:In the case of a natural person, 120 penalty units or 6 months imprisonment or both;

Inthe case of a body corporate, 240 penalty units.

(3)Subject to subsection (4), at least one day before the security activity commences, the principal contractor must give the client written notice that includes—

(a)the name of the sub-contractor; and

(b)the licence number of the sub‑contractor.

Penalty:In the case of a natural person, 120 penalty units or 6 months imprisonment or both;

Inthe case of a body corporate, 240 penalty units.

(4)A principal contractor is not required to comply with subsection (3) if—

(a)the principal contractor is the holder of a private security business licence that authorises the principal contractor to provide the services of other persons to act as an investigator; and

(b)in respect of any person who is authorised to act as an investigator under the principal contractor's private security business licence, the requirement to provide written notice under subsection (3) would compromise—

(i)any investigation conducted by that investigator; or

(ii)the safety of that investigator.

136EEngagement of sub-contractor by principal contractor on short notice

(1)This section applies if, within 24 hours of a security activity commencing, a principal contractor is required to engage a sub‑contractor to carry on a security activity or to provide the services of other persons to carry on a security activity on the principal contractor's behalf.

(2)Within 3 days after the commencement of the security activity, the principal contractor must obtain the client's written consent to the sub-contractor carrying on the security activity or providing those services.

Penalty:In the case of a natural person, 120 penalty units or 6 months imprisonment or both;

Inthe case of a body corporate, 240 penalty units.

(3)Subject to subsection (4), within 3 days after the commencement of the security activity, the principal contractor must give the client written notice that includes—

(a)the name of the sub-contractor; and

(b)the licence number of the sub‑contractor.

Penalty:In the case of a natural person, 120 penalty units or 6 months imprisonment or both;

Inthe case of a body corporate, 240 penalty units.

(4)A principal contractor is not required to comply with subsection (3) if—

(a)the principal contractor is the holder of a private security business licence that authorises the principal contractor to provide the services of other persons to act as an investigator; and

(b)in respect of any person who is authorised to act as an investigator under the principal contractor's private security business licence, the requirement to provide written notice under subsection (3) would compromise—

(i)any investigation conducted by that investigator; or

(ii)the safety of that investigator.

Division 3—Offences in relation to sub‑contractors

136FEngagement of another sub-contractor by a sub-contractor

(1)This section applies if a sub-contractor engaged by a principal contractor to carry on a security activity or to provide the services of other persons to carry on a security activity in accordance with section 136D is required to engage another sub-contractor (other sub-contractor) to carry on the security activity or to provide those services.

(2)At least one day before the security activity commences, the sub-contractor engaged by the principal contractor must—

(a)obtain the client's written consent to the other sub-contractor carrying on the security activity or providing those services; and

(b)give the client written notice that includes—

(i)the name of the other sub‑contractor; and

(ii)the licence number of the other sub-contractor.

Penalty:In the case of a natural person, 120 penalty units or 6 months imprisonment or both;

Inthe case of a body corporate, 240 penalty units.

136GEngagement of another sub-contractor by a sub-contractor on short notice

(1)This section applies if, within the same 24 hour period specified in section 136E, a sub‑contractor engaged by a principal contractor to carry on a security activity or to provide the services of other persons to carry on a security activity in accordance with section 136E is required to engage another sub-contractor (other sub-contractor) to carry on the security activity or to provide those services.

(2)Within 3 days after the commencement of the security activity, the sub-contractor engaged by the principal contractor must—

(a)obtain the client's written consent to the other sub-contractor carrying on the security activity or providing those services; and

(b)give the client written notice that includes—

(i)the name of the other sub‑contractor; and

(ii)the licence number of the other sub-contractor.

Penalty:In the case of a natural person, 120 penalty units or 6 months imprisonment or both;

Inthe case of a body corporate, 240 penalty units.".

44Review by VCAT

(1)In section 150(1)(a) of the Principal Act omit "or a private security registration".

(2)In section 150(1)(b) of the Principal Act omit "or registration (as the case may be)".

(3)In section 150(1)(f) of the Principal Act—

(a)omit "or 111";

(b)omit "or registration (as the case may be)".

(4)In section 150(1)(g) of the Principal Act omit "or a permit under Division 5 of Part 4".

(5)In section 150(1)(h) of the Principal Act omit "or 80".

45Liability of body corporate or holder of licence or registration for acts of officers, employees or agents

(1)In the heading to section 161 of the Principal Act omit "or registration".

(2)In section 161(1) of the Principal Act omit "or a private security registration".

(3)In section 161(2) of the Principal Act omit "or the holder of a private security registration".

46New sections 171 and 171A inserted

Before section 172 of the Principal Act insert—

"171 Code of conduct

(1)The Chief Commissioner must develop a code of conduct for holders of private security licences.

(2)The purpose of the code of conduct is to include the standards of conduct expected to be observed by holders of private security licences.

(3)The Chief Commissioner must ensure that the code of conduct is published on Victoria Police's Internet site.

171AChief Commissioner may prepare guidelines in relation to uniforms and equipment

(1)The Chief Commissioner may prepare guidelines in relation to the following—

(a)the type or design of uniforms to be worn by—

(i)holders of private security licences; and

(ii)a person carrying on a security activity that is authorised by a private security licence;

(b)any equipment to be carried by—

(i)holders of private security licences; and

(ii)a person carrying on a security activity that is authorised by a private security licence;

(c)the conditions under which uniforms are to be worn or equipment is to be carried.

(2)The Chief Commissioner must ensure that any guidelines prepared under subsection (1) are published on Victoria Police's Internet site.".

47Chief Commissioner to keep register

(1)In section 173(1) of the Principal Act—

(a)omit ", holders of private security registrations";

(b)omit "and Division 5 of Part 4".

(2)In section 173(2) of the Principal Act omit "or registered".

48Requirement to notify Chief Commissioner of changes to close associates

For section 174(1) of the Principal Act substitute—

"(1)At any time during the course of a private security business licence, if a person becomes, or ceases to be, a close associate of the holder of the licence, the holder must notify the Chief Commissioner within 3 days after the holder becomes aware of that information.

Penalty:20 penalty units.".

49Body corporate to notify Chief Commissioner of changes to officers

For section 175(1) of the Principal Act substitute—

"(1)At any time during the course of a private security business licence held by a body corporate, if a person becomes, or ceases to be, an officer of the body corporate, the body corporate must notify the Chief Commissioner within 3 days after the body corporate becomes aware of that information.

Penalty:20 penalty units.".

50Requirement to notify Chief Commissioner of criminal charges

Section 176(2) of the Principal Act is repealed.

51Annual reporting

In section 177 of the Principal Act—

(a)in paragraphs (a) and (e), for "private security business licences, private security individual operator licences, private security business registrations and private security individual operator registrations" substitute "private security licences and private security individual operator licences";

(b)in paragraph (f) omit "or Division 5 of Part 4".

52Section 179 repealed

Section 179 of the Principal Act is repealed.

53Regulations

(1)Section 180(1)(e) of the Principal Act is repealed.

(2)In section 180(1) of the Principal Act—

(a)in paragraph (f) omit "or registration documents";

(b)in paragraph (h) omit "and registrations".

(3)For section 180(1)(m)(ii) of the Principal Act substitute—

"(ii)licences or permits; or

(iia)the renewal or variation of licences; or".

(4)In section 180(1)(q) of the Principal Act omit "and registration".

(5)In section 180(1)(r) and (u) of the Principal Act omit "or registrations".

(6)In section 180(2)(f)(ii) of the Principal Act—

(a)for "licences, registrations or" (where twice occurring) substitute "licences or";

(b)for "licences or registrations" substitute "licences";

(c)for "licences, registrations, permits" (where twice occurring) substitute "licences, permits".

54New Part 12 inserted

After Part 11 of the Principal Act insert—

"PART 12—TRANSITIONAL AND SAVINGS PROVISIONS—PRIVATE SECURITY AND COUNTY COURT AMENDMENT ACT 2024

186Definitions

In this Part—

commencement day means the day on which Part 2 of the Private Security and County Court Amendment Act 2024 comes into operation.

187Application for private security registration on foot

(1)This section applies if—

(a)an application has been made under section 73 for a private security registration immediately before the commencement day; and

(b)that application has not been determined before that day.

(2)Despite the repeal of Part 4, on and after the commencement day, the application is to be determined in accordance with Part 4 as if Part 4 were still in force.

(3)On and after the commencement day, if a private security business registration is granted as a result of the operation of this section, the holder of that registration must apply for a private security business licence within 12 months of the Chief Commissioner's decision to grant the registration.

(4)On and after the commencement day, if a private security individual operator registration is granted as a result of the operation of this section, the holder of that registration must apply for a private security individual operator licence within 12 months of the Chief Commissioner's decision to grant the registration.

188Application to renew private security registration on foot

(1)This section applies if—

(a)an application has been made under section 92 to renew a private security registration immediately before the commencement day; and

(b)that application has not been determined before that day.

(2)Despite the repeal of Part 4, on and after the commencement day, the application is to be determined in accordance with Part 4 as if Part 4 were still in force.

(3)On and after the commencement day, if a private security business registration is renewed as a result of the operation of this section, the holder of that registration must apply for a private security business licence within 12 months of the Chief Commissioner's decision to renew the registration.

(4)On and after the commencement day, if a private security individual operator registration is renewed as a result of the operation of this section, the holder of that registration must apply for a private security individual operator licence within 12 months of the Chief Commissioner's decision to renew the registration.

189Application to vary private security registration on foot

(1)This section applies if—

(a)an application has been made under section 98 to vary a private security registration immediately before the commencement day; and

(b)that application has not been determined before that day.

(2)Despite the repeal of Part 4, on and after the commencement day, the application is to be determined in accordance with Part 4 as if Part 4 were still in force.

190Application to vary or revoke condition on private security registration on foot

(1)This section applies if—

(a)an application has been made under section 99 to vary or revoke a condition on a private security registration immediately before the commencement day; and

(b)that application has not been determined before that day.

(2)Despite the repeal of Part 4, on and after the commencement day, the application is to be determined in accordance with Part 4 as if Part 4 were still in force.

191Request to cancel private security registration or authority under private security registration on foot

(1)This section applies if—

(a)a request has been made under section 101 to cancel a private security registration or an authority under a private security registration immediately before the commencement day; and

(b)that request has not been determined before that day.

(2)Despite the repeal of Part 4, on and after the commencement day, the request is to be determined in accordance with Part 4 as if Part 4 were still in force.

192Application of this Act to private security business registrations in force immediately before the commencement day

(1)Subject to subsection (2), a private security business registration that was in force immediately before the commencement day continues in force on and after the commencement day in accordance with its terms until its expiry or the registration is suspended or cancelled (whichever is the earliest).

(2)The holder of a private security business registration that was in force immediately before the commencement day must apply for a private security business licence within 12 months of the commencement day.

193Application of this Act to private security individual operator registrations in force immediately before the commencement day

(1)Subject to subsection (2), a private security individual operator registration that was in force immediately before the commencement day continues in force on and after the commencement day in accordance with its terms until its expiry or the registration is suspended or cancelled (whichever is the earliest).

(2)The holder of a private security individual operator registration that was in force immediately before the commencement day must apply for a private security individual operator licence within 12 months of the commencement day.

194Complaints, investigations and disciplinary inquiries about private security registrations on foot

(1)This section applies if—

(a)a complaint has been made under section 103 immediately before the commencement day and has not been determined before that day; or

(b)an investigation of a complaint has commenced under section 104 immediately before the commencement day and has not been completed before that day; or

(c)a disciplinary inquiry has commenced under section 105 immediately before the commencement day and has not been completed before that day.

(2)Despite the repeal of Part 4, a complaint, investigation or disciplinary inquiry is to be determined or completed (as the case requires) on and after the commencement day in accordance with Part 4 as if Part 4 were still in force.

195Application to VCAT for review on foot

(1)An application to VCAT for review of a decision made under a provision of Part 4 immediately before the commencement day that has not been determined before that day continues and may be determined on and after that day as if Part 4 were still in force.

(2)Despite the repeal of Part 4, a person who had a right to apply to VCAT for review of a decision made under a provision of Part 4 immediately before the commencement day may apply to VCAT on and after that day within the time period specified in section 151 as if Part 4 were still in force.".

PART 3—OTHER AMENDMENTS TO THE PRIVATE SECURITY ACT 2004

55Definitions

In section 3 of the Principal Act, for the definition of investigator substitute—

"investigator means a natural person who is employed or retained on behalf of a person to obtain information about another person's character, actions or location including in relation to the following areas—

(a)fraud and risk management;

(b)aviation accident and loss;

(c)marine loss;

(d)occupational health and safety;

(e)family law;

(f)criminal law;

(g)consumer law;

(h)intellectual property;".

56Holding out offence—private security business licence

At the foot of section 6(1) and (2) of the Principal Act insert—

"Note

See also section 256 of the Victoria Police Act 2013.".

57Holding out offence—private security individual operator licence

At the foot of section 8(1) and (2) of the Principal Act insert—

"Note

See also section 256 of the Victoria Police Act 2013.".

58Complaints

For section 48(1) of the Principal Act substitute—

"(1)Any person may make a complaint to the Chief Commissioner about the conduct of the holder of a private security licence that is carried on under that licence.".

59Appointment of special counsel if review involves protected information

After section 150B(1) of the Principal Act insert—

"(1A)For the purposes of subsection (1), a special counsel may only represent the interests of the applicant to the extent that those interests relate to the protected information on which the Chief Commissioner's decision is based.".

PART 4—AMENDMENTS TO OTHER ACTS

60Certain persons prohibited from engaging in debt collection

Section 47(1)(a)(v) and (b)(vi) of the Australian Consumer Law and Fair Trading Act 2012 are repealed.

61What is the security industry?

In clause 1(1)(a) of Schedule 3 to the Long Service Benefits Portability Act 2018 omit "or registered".

PART 5—AMENDMENTS TO THE COUNTY COURT ACT 1958 AND THE SENTENCING ACT 1991

62Adjournment of proceeding to Drug Court Division

In section 4AAB(3) of the County Court Act 1958, for "third" substitute "fifth".

63Statute law revision—section 103A renumbered

In section 103A of the County Court Act 1958, for "103A" substitute "105".

64Drug Court may hear and determine certain offences

In section 18ZO(1D) of the Sentencing Act 1991, for "third" substitute "fifth".

PART 6—REPEAL OF THIS ACT

65Repeal of this Act

This Act is repealed on 19 June 2026.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.


Minister's second reading speech—

Legislative Assembly: 21 February 2024

Legislative Council: 7 March 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Private Security Act 2004 to provide for a new licensing system for the private security industry and to amend the County Court Act 1958 and the Sentencing Act 1991 to extend the operation of the Drug Court Division of the County Court and for other purposes."

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