Private Security (Miscellaneous Matters) Regulations 2006 (NT)

NORTHERN TERRITORY OF AUSTRALIA

PRIVATE SECURITY (MISCELLANEOUS MATTERS) REGULATIONS 2006

As in force at 14 April 2020

TABLE OF PROVISIONS [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — CitationPart 3 — Infringement notices3 — When infringement notice may be servedWhen infringement notice may be served4 — Prescribed amountPrescribed amount5 — Form of infringement noticeForm of infringement notice6 — Expiation of offenceExpiation of offence7 — Withdrawal of infringement noticeWithdrawal of infringement notice8 — How service effectedHow service effected9 — GeneralGeneralSchedule 2 — Infringement notices prescribed offences and amountsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 April 2020

PRIVATE SECURITY (MISCELLANEOUS MATTERS) REGULATIONS 2006

Regulations under the Private Security Act 1995

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Private Security (Miscellaneous Matters) Regulations 2006.

Part 3Infringement notices 3When infringement notice may be served

• (1)

  If an authorised officer believes that a person has committed an offence against a provision of the Act or Regulations specified in column 1 of Schedule 2, the inspector may serve an infringement notice on the person.

• (2)

  In subregulation (1):

  authorised officer means a person appointed as an inspector under section 35 of the Act.

4Prescribed amount

The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed for an offence against a provision of the Act or Regulations specified in column 1 of Schedule 2 is the amount specified opposite in column 2 of Schedule 2.

5Form of infringement notice

An infringement notice is a notice to the effect that:

• (a)

  an offence is alleged to have been committed against the Act or Regulations; and

• (b)

  if the penalty amount indicated is paid within the time and at the place specified, the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

• (c)

  the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice.

6Expiation of offence

• (1)

  If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence.

• (2)

  If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared.

7Withdrawal of infringement notice

An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, if the Director serves on the alleged offender a notice stating that the infringement notice is withdrawn.

8How service effected

Service of an infringement notice or a notice of withdrawal of an infringement notice is effected:

• (a)

  by serving it personally on the alleged offender; or

• (b)

  by posting it to the alleged offender at his or her last known address; or

• (c)

  by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age.

9General

These Regulations:

• (a)

  do not prevent more than one infringement notice for the same offence being served on an alleged offender, but it is sufficient for the application of regulation 6 to an alleged offender on whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices; and

• (b)

  do not limit the penalty that may be imposed by a court, for an offence; and

• (c)

  do not require an infringement notice to be served and do not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served.

Schedule 2Infringement notices prescribed offences and amounts

regulations 3 and 4

Column 1 Offence Provision	Column 2 Prescribed Amount
Part A – Offences against Act
Sections 22, 28 and 29	2 penalty units
Section 56(1)	5 penalty units
Part B – Offences against Private Security (Crowd Controllers) Regulations 1996
Regulation 10(1)(a) and (b)	5 penalty units
Regulation 10(1)(c) and (3)	2 penalty units
Regulation 10(2)	1 penalty unit
Part C – Offences against Private Security (Security Officers) Regulations 1998
Regulation 7(1)(a) and (b)	5 penalty units
Regulation 7(1)(c) and (3)	2 penalty units
Regulation 7(2)	1 penalty unit
Part D – Offences against Private Security (Security Firms) Regulations 1998
Regulation 6(1)	5 penalty units
Regulation 6(2)	2 penalty units
Regulation 6(3)	5 penalty units

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Private Security (Miscellaneous Matters) Regulations (SL No. 5, 2006)
Notified	15 February 2006
Commenced	15 February 2006
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date	8 March 2007
Commenced	8 March 2007
Criminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014)
Assent date	16 April 2014
Commenced	1 July 2014 (Gaz S52, 1 July 2014)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date	5 December 2014
Commenced	1 January 2015 (Gaz S130, 19 December 2014, p 2)
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date	9 March 2020
Commenced	14 April 2020 (Gaz G13, 1 April 2020, p 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 2.

• 4

  LIST OF AMENDMENTS

pt 2 hdg             rep Act No. 44, 2014, s 145

r 2                     rep Act No. 44, 2014, s 145

r 4                     amd Act No. 44, 2014, s 145

r 7                     amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87

sch amd Act No. 4, 2007, s 2; Act No. 9, 2014, s 15

rep Act No. 44, 2014, s 145