Private Security Regulations 2016 (Vic)

Version No. 002

Private Security Regulations 2016

S.R. No. 64/2016

Version incorporating amendments as at

21 April 2020

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Security equipment

7Act not applicable to certain persons

Part 2—Licensing of private security operators

Division 1—Private security business licences

8Particulars for licence or renewal application

9Documents to accompany licence application

10Documents to accompany renewal application

Division 2—Individual operator licences

11Particulars for licence or renewal application

12Documents to accompany licence application

13Documents to accompany renewal application

Division 3—General provisions for licences

14Licence document

15Application by holder of licence to vary licence to authorise additional activity

16Application by holder of licence to vary or revoke a licence condition

17Issue and surrender of licence document

18Issue of new licence document on cancellation or suspension of authority to carry on activity

Division 4—Fees for private security licences

19Fees for business licences held by natural persons

20Fees for business licences held by bodies corporate

21Fees for individual operator licences

22Reduced fees for simultaneous applications

23Reduced application fee for certain applications

24Fees for variation of licences

25Application by holder of licence to vary or revoke a licence condition

Division 5—Permits

26Overseas bodyguard with temporary interstate or Territory permit

27Application and permit fees for permits

Part 3—Registration of private security operators

Division 1—Private security business registrations

28Particulars for registration or renewal application

29Documents to accompany registration application

30Documents to accompany renewal application

Division 2—Individual operator registrations

31Particulars for registration or renewal application

32Documents and information to accompany application for registration

Division 3—General provisions for registrations

33Registration document

34Application by holder of registration to vary registration to authorise additional activity

35Application by holder of registration to vary a registration

36Issue, surrender and cancellation of registration document

Division 4—Fees for registrations

37Fees for business registrations held by natural persons

38Fees for business registrations held by bodies corporate

39Fees for individual operator registrations

40Reduced fees for simultaneous applications

41Reduced application fee for certain applications

42Fees for variation of business registrations

43Application fee to vary or revoke a registration condition

Division 5—Permits

44Fees for permits

Part 4—General provisions applying to licences and registrations

45Nominated person of body corporate

46Duplicate licence or registration document

47Permanent records to be kept by licence and registration holders

48Inspection of records

49Persons for giving written references

Part 5—Particular provisions for crowd controllers

50Crowd controllers must wear identification

51Information required to be entered in the register

Part 6—Infringement notices

52Power to serve a notice

Part 7—General

53Approvals to be published

54Chief Commissioner to keep register

55Parts of the register that may be inspected

56Requirement to notify Chief Commissioner of changes to close associates

57Body corporate to notify Chief Commissioner of changes to officers

58Notice of change of particulars

59Certified copies of documents

Schedule 1—Register of licence, registration and permit holders

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Private Security Regulations 2016

S.R. No. 64/2016

Version incorporating amendments as at

21 April 2020

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to prescribe classes of person to whom certain requirements in the Private Security Act 2004 do not apply; and

(b)to prescribe procedures for making applications under the Act; and

(c)to prescribe procedures for the keeping of records and registers under the Act; and

(d)to prescribe fees and infringement offences under the Act; and

(e)to prescribe other matters required for the purposes of the Act.

2Authorising provision

These Regulations are made under section 180 of the Private Security Act2004.

3Commencement

These Regulations come into operation on 26 June 2016.

4Revocation

The Private Security Regulations 2005[1] are revoked.

5Definitions

In these Regulations—

certified copy means a copy of a document that has been certified in accordance with regulation 59;

Council has the same meaning as it has in section 3(1) of the Local Government Act 1989;

disqualifying offence has the same meaning as it has in Part 3 of the Act;

public entity has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

special body has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

the Act means the Private Security Act 2004.

6Security equipment

For the purposes of the definition of security equipment in section 3 of the Act, the following equipment is prescribed—

(a)security camera systems;

(b)security audio systems;

(c)security audio or visual recording systems;

(d)security alarms;

(e)security alarm monitoring systems;

(f)safes;

(g)vaults;

(h)security intrusion detectors including motion, infrared, microwave or contact detectors;

(i)electric, electro-mechanical, magnetic or biometric access control devices, but not including stock, inventory or product loss prevention monitoring devices.

7Act not applicable to certain persons

For the purposes of section 4(l) of the Act, the following classes of person are prescribed—

(a)apprentices undertaking training with an employer under a training contract within the meaning of Part 5.5 of the Education and Training Reform Act 2006 and post‑secondary students undertaking work experience or training under a practical placement agreement made under section 5.4.14 of the Education and Training Reform Act 2006 who—

(i)in the course of the person's training or work experience, install security equipment; and

(ii)are accompanied and directly supervised by a holder of a private security registration authorising the holder to act as a security equipment installer;

(b)persons employed as investigators by a public entity, a special body or a Council;

(c)persons investigating matters relating to food hygiene or trade or professional standards under a contract with a public entity, a special body or a Council including employees of those persons or sub‑contractors who are undertaking those investigations in the course of their employment or under their contract;

(d)persons (employees) who, in the course of employment with an employer (who is not carrying on a business for which a private security registration is required) are required, at the employer's business premises, to provide advice to customers of the business in relation to security equipment that the person is required to sell.

Part 2—Licensing of private security operators

Division 1—Private security business licences

8Particulars for licence or renewal application

For the purposes of sections 16(b) and 36(2)(b) of the Act, an application for a private security business licence or the renewal of a private security business licence must contain the following particulars—

(a)the security activities the applicant seeks to have authorised under the licence;

(b)in the case of an application by a natural person, the given names, surname, postal and residential address of the applicant and, in the case of a renewal of a licence, any close associate of the applicant;

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

(i)the name of the body corporate and the Australian Company Number of the body corporate if registered under the Corporations Act; and

(ii)any additional names under which the body corporate intends to carry on the business;

(d)in the case of a renewal by a body corporate, the given names, surname, postal and residential address of the nominated person, each officer of the body corporate and any close associate of the body corporate;

(e)the date of birth of—

(i)in the case of an application by a natural person, the applicant and any close associate of the applicant; or

(ii)in the case of an application by a body corporate, the nominated person, each officer of the body corporate and any close associate of the body corporate;

(f)the trading name (if applicable) of the business carried on by the applicant;

(g)the Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth for the business carried on by the applicant;

(h)in the case of an applicant who is a natural person, details in relation to the applicant and any close associate of the applicant, and in the case of an applicant that is a body corporate, details in relation to the nominated person, each officer of the body corporate and any close associate of the body corporate, of any of the following—

(i)a conviction for an indictable offence or a disqualifying offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence or a disqualifying offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence or a disqualifying offence that are pending at the time the application is made;

(i)details of any declaration of bankruptcy in the preceding 5 years by—

(i)in the case of an applicant who is a natural person, the applicant and any close associate of the applicant; and

(ii)in the case of an applicant that is a body corporate, the nominated person, any officer of the body corporate and any close associate of the body corporate;

(j)details of whether any of the following is insolvent under administration—

(i)in the case of an applicant who is a natural person, the applicant and any close associate of the applicant;

(ii)in the case of an applicant that is a body corporate, the nominated person, any officer of the body corporate and any close associate of the body corporate;

(k)details of—

(i)any membership of an approved security industry organisation relevant to each private security activity or any aspect of each private security activity the applicant seeks to have authorised under the licence by—

(A)in the case of an applicant who is a natural person, the applicant; and

(B)in the case of an applicant that is a body corporate, the nominated person; or

(ii)the applicant's (in the case of an application by a natural person) or the nominated person's (in the case of an application by a body corporate) qualifications, knowledge, training or experience relevant to each private security activity or any aspect of each private security activity the applicant seeks to have authorised under the licence.

9Documents to accompany licence application

For the purposes of section 16(c) of the Act, an application for a private security business licence must be accompanied by the following documents—

(a)a passport-size colour photograph of—

(i)in the case of an application by a natural person, the applicant; and

(ii)in the case of an application by a body corporate, the nominated person;

(b)if details of the applicant's or the nominated person's membership of an approved security industry organisation have been provided, a certified copy of a document verifying that membership;

(c)if details of the applicant's or the nominated person's qualifications or training have been provided, certified copies of documents verifying the qualifications or training;

(d)if details of the applicant's or the nominated person's knowledge or experience have been provided, documents verifying the knowledge or experience;

(e)a certificate of currency for public liability insurance in relation to the business carried on by the applicant;

(f)if the applicant is a natural person and carries on the business under a business name, a certified copy of the registration issued in that name under the Business Names Registration Act 2011 of the Commonwealth;

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

(i)a certified copy of any certificate of registration under the Corporations Act for the body corporate; and

(ii)if the body corporate is trading under a name other than in the certificate of registration under the Corporations Act, a certified copy of any registration issued to the body corporate in that name under the Business Names Registration Act 2011 of the Commonwealth; and

(iii)if the body corporate is registered under the Corporations Act, a certified copy of a document that verifies the appointment of the officers of the body corporate from the Australian Securities and Investments Commission.

10Documents to accompany renewal application

For the purposes of section 36(2)(c) of the Act, an application for the renewal of a private security business licence must be accompanied by the following documents—

(a)if details of the applicant's or the nominated person's membership of an approved security industry organisation have been provided, a certified copy of a document verifying that membership;

(b)if details of the applicant's or the nominated person's qualifications or training have been provided, a certified copy of any document verifying the qualifications or training unless that document has already been provided under regulation 9(c);

(c)if details of the applicant's or the nominated person's knowledge or experience have been provided, any document verifying the knowledge or experience;

(d)a certificate of currency for public liability insurance in relation to the business carried on by the applicant;

(e)in the case of an applicant that is a body corporate that is registered under the Corporations Act, a certified copy of a document that verifies the appointment of the officers of the body corporate from the Australian Securities and Investments Commission.

Division 2—Individual operator licences

11Particulars for licence or renewal application

For the purposes of sections 16(b) and 36(2)(b) of the Act, an application for a private security individual operator licence or the renewal of a private security individual operator licence must contain the following particulars—

(a)the security activities the applicant seeks to have authorised under the licence;

(b)the given names, surname, postal and residential address of the applicant;

(c)the date of birth of the applicant;

(d)the name and address of any employer of the applicant;

(e)details of the applicant's qualifications, knowledge, training or experience relevant to each private security activity or any aspect of a private security activity the applicant seeks to have authorised under the licence;

(f)details, in relation to the applicant, of any of the following—

(i)a conviction for an indictable offence or a disqualifying offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence or a disqualifying offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence or a disqualifying offence that are pending at the time the application is made.

12Documents to accompany licence application

For the purposes of section 16(c) of the Act, an application for a private security individual operator licence must be accompanied by the following documents—

(a)a passport-size colour photograph of the applicant;

(b)if the applicant has provided details of the applicant's qualifications or training, a certified copy of any document verifying the qualifications or training;

(c)if the applicant has provided details of the applicant's knowledge or experience, any document verifying the knowledge or experience.

13Documents to accompany renewal application

For the purposes of section 36(2)(c) of the Act, a renewal of a private security individual operator licence that provides details of the applicant's qualifications, knowledge, training or experience must be accompanied by—

(a)a certified copy of any document that verifies the qualifications or training, unless that document has already been provided under regulation 9(c); or

(b)any document verifying the knowledge or experience.

Division 3—General provisions for licences

14Licence document

A licence document issued under section 40 of the Act must contain the following particulars—

(a)the type of private security licence granted;

(b)the security activities authorised under the licence;

(c)the name of the licence holder and, in the case of a licence held by a body corporate, the name of the nominated person;

(d)the expiry date of the licence;

(e)a photograph of the licence holder or, in the case of a licence held by a body corporate, a photograph of the nominated person;

(f)any name under which the business will operate;

(g)any conditions imposed on the licence.

15Application by holder of licence to vary licence to authorise additional activity

(1)For the purposes of section 42(4)(b) of the Act, the prescribed particulars are current details of the particulars that have changed since the licence was granted or last renewed.

(2)For the purposes of section 42(4)(c) of the Act, the following documents and information are prescribed—

(a)in the case of a private security business licence held by a natural person—

(i)a certified copy of a document verifying the applicant's membership of an approved security industry organisation relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence; and

(ii)a certified copy of any document verifying the applicant's qualifications or training relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence; and

(iii)any document verifying the applicant's knowledge or experience relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence;

(b)in the case of a private security business licence held by a body corporate—

(i)a certified copy of a document verifying the nominated person's membership of an approved security industry organisation relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence; and

(ii)a certified copy of any document verifying the nominated person's qualifications or training relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence; and

(iii)any document verifying the nominated person's knowledge or experience relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence;

(c)in the case of a private security individual operator licence—

(i)a certified copy of a document verifying the applicant's qualifications or training relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence; and

(ii)any document verifying the applicant's knowledge or experience relevant to each additional class A security activity or any aspect of each additional activity the applicant seeks to have authorised under the licence.

16Application by holder of licence to vary or revoke a licence condition

(1)For the purposes of section 43(3)(b) of the Act, the prescribed particulars are—

(a)the applicant's reasons for seeking the variation or revocation of the licence condition; and

(b)current details of the particulars that have changed since the licence was granted or last renewed.

(2)For the purposes of section 43(3)(c) of the Act, the prescribed documents and information is a certified copy of any document that verifies the accuracy of the reasons set out in the application.

17Issue and surrender of licence document

A private security licence document issued under section 44(1) of the Act must contain—

(a)details of the class A security activities authorised under the licence as varied; and

(b)details of any conditions on the licence as varied.

18Issue of new licence document on cancellation or suspension of authority to carry on activity

A private security licence document issued under section 45(5) or 59(2) of the Act must contain details of any class A security activity that continues to be authorised under the licence.

Division 4—Fees for private security licences

19Fees for business licences held by natural persons

For the purposes of sections 30(1), 30(2), 39(1)(a) and 39(1)(b) of the Act, the prescribed fees for a private security business licence in the case of a natural person are set out in the Table.

Table

Column 1	Column 2	Column 3	Column 4
Item	Number of class A activities to be authorised under the licence	Application fee for licence or renewal of licence	Licence fee or renewal fee
1	1	9·68 fee units	1·56 fee units for each month or part of a month for which the licence is granted or renewed
2	2	10·65 fee units	1·66 fee units for each month or part of a month for which the licence is granted or renewed
3	3	11·61 fee units	1·86 fee units for each month or part of a month for which the licence is granted or renewed
4	4	12·58 fee units	1·96 fee units for each month or part of a month for which the licence is granted or renewed
5	5	13∙55 fee units	2∙06 fee units for each month or part of a month for which the licence is granted or renewed

20Fees for business licences held by bodies corporate

For the purposes of sections 30(1), 30(2), 39(1)(a) and 39(1)(b) of the Act, the prescribed fees for a private security business licence in the case of a body corporate are set out in the Table.

Table

Column 1	Column 2	Column 3	Column 4
Item	Number of class A activities to be authorised under the licence	Application fee for licence or renewal of licence	Licence fee or renewal fee
1	1	16·13 fee units	2·54 fee units for each month or part of a month for which the licence is granted or renewed
2	2	17·74 fee units	2·83 fee units for each month or part of a month for which the licence is granted or renewed
3	3	19·35 fee units	3·08 fee units for each month or part of a month for which the licence is granted or renewed
4	4	20·97 fee units	3·32 fee units for each month or part of a month for which the licence is granted or renewed
5	5	22∙59 fee units	3∙56 fee units for each month or part of a month for which the licence is granted or renewed

21Fees for individual operator licences

For the purposes of sections 30(1), 30(2), 39(1)(a) and 39(1)(b) of the Act, the prescribed fees for a private security individual operator licence are set out in the Table.

Table

Column 1	Column 2	Column 3	Column 4
Item	Number of class A activities to be authorised under the licence	Application fee for licence or renewal of licence	Licence fee or renewal fee
1	1	4·4 fee units	1∙36 fee units for each period of 2 months or part of a period of 2 months for which the licence is granted or renewed
2	2	4·84 fee units	1∙56 fee units for each period of 2 months or part of a period of 2 months for which the licence is granted or renewed
3	3	5·28 fee units	1∙66 fee units for each period of 2 months or part of a period of 2 months for which the licence is granted or renewed
4	4	5·72 fee units	1∙76 fee units for each period of 2 months or part of a period of 2 months for which the licence is granted or renewed
5	5	6∙16 fee units	1∙86 fee units for each period of 2 months or part of a period of 2 months for which the licence is granted or renewed

22Reduced fees for simultaneous applications

Despite regulations 19, 20 and 21, if a person applies for a private security licence or the renewal of a private security licence at the same time as the person applies for the issue or renewal of a licence under the Firearms Act 1996, the application fee for the grant or renewal of the private security licence is 50% of the fee for that application set out in Column 3 of the relevant Table in regulation 19, 20 or 21.

23Reduced application fee for certain applications

Despite regulations 19, 20, 21 and 22, if a person applies for a private security licence or the renewal of a private security licence for a period that is less than 3 years, the application fee is the amount of the application fee for that licence or renewal set out in Column 3 of the Table in regulation 19, 20 or 21 (or the reduced amount calculated in accordance with regulation 22) divided by 36 and multiplied by the number of months of the period of the licence.

24Fees for variation of licences

(1)For the purposes of section 42(5)(a) of the Act, the prescribed application fee is—

(a)in the case of a private security business licence held by a natural person, 4∙84 fee units; or

(b)in the case of a private security business licence held by a body corporate, 8∙06 fee units; or

(c)in the case of a private security individual operator licence, 2∙2 fee units.

(2)For the purposes of section 42(5)(b) of the Act, the prescribed variation fee is—

(a)in the case of a private security business licence held by a natural person, 13∙86 fee units; or

(b)in the case of a private security business licence held by a body corporate, 23∙09 fee units; or

(c)in the case of a private security individual operator licence, 6∙23 fee units.

25Application by holder of licence to vary or revoke a licence condition

For the purposes of section 43(4) of the Act, the prescribed application fee is 2∙25 fee units.

Division 5—Permits

26Overseas bodyguard with temporary interstate or Territory permit

For the purposes of section 67(b) of the Act, the kind of permit is an authority to act as a bodyguard in another State or Territory for the duration of a special event that is conducted in Victoria as well as in that State or Territory.

27Application and permit fees for permits

(1)For the purposes of section 69(1) of the Act, the prescribed application fee is—

(a)in the case of an application under section 64 or 65 of the Act, 4∙4 fee units; and

(b)in the case of an application under section 66 of the Act, 8∙8 fee units.

(2)For the purposes of section 69(2) of the Act, the prescribed permit fee is—

(a)in the case of a permit under section 64 or 65 of the Act, 4∙15 fee units; and

(b)in the case of a permit under section 66 of the Act, 8∙3 fee units.

Part 3—Registration of private security operators

Division 1—Private security business registrations

28Particulars for registration or renewal application

For the purposes of sections 73(b) and 92(2)(b) of the Act, an application for a private security business registration or the renewal of a private security business registration must contain the following particulars—

(a)the security activities the applicant seeks to have authorised under the registration;

(b)in the case of an application by a natural person, the given names, surname, postal and residential address of the applicant and, in the case of a renewal of a registration, any close associate of the applicant;

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

(i)the name of the body corporate and the Australian Company Number of the body corporate if registered under the Corporations Act; and

(ii)any additional names under which the body corporate intends to carry on the business;

(d)in the case of a renewal by a body corporate, the given names, surname, postal and residential address of the nominated person, each officer of the body corporate and any close associate of the body corporate;

(e)the date of birth of—

(i)in the case of an application by a natural person, the applicant and any close associate of the applicant; or

(ii)in the case of an application by a body corporate, the nominated person, each officer of the body corporate and any close associate of the body corporate;

(f)the trading name (if applicable) of the business carried on by the applicant;

(g)the Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth for the business carried on by the applicant;

(h)in the case of an applicant who is a natural person, details in relation to the applicant and any close associate of the applicant, and in the case of an applicant that is a body corporate, details in relation to the nominated person, each officer of the body corporate and any close associate of the body corporate of any of the following—

(i)a conviction for an indictable offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence that are pending at the time the application is made;

(i)details of any declaration of bankruptcy in the preceding 5 years by—

(i)in the case of an applicant who is a natural person, the applicant and any close associate of the applicant; and

(ii)in the case of an applicant that is a body corporate, the nominated person, any officer of the body corporate and any close associate of the body corporate;

(j)details of whether any of the following is insolvent under administration—

(i)in the case of an applicant who is a natural person, the applicant and any close associate of the applicant;

(ii)in the case of an applicant that is a body corporate, the nominated person, any officer of the body corporate and any close associate of the body corporate.

29Documents to accompany registration application

For the purposes of section 73(c) of the Act, an application for a private security business registration must be accompanied by the following documents—

(a)a passport-size colour photograph of—

(i)in the case of an application by a natural person, the applicant; and

(ii)in the case of an application by a body corporate, the nominated person;

(b)a certificate of currency for public liability insurance in relation to the business carried on by the applicant;

(c)in the case of an application by a natural person who carries on the business under a business name, a certified copy of the registration issued in that name under the Business Names Registration Act 2011 of the Commonwealth;

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

(i)a certified copy of any certificate of registration under the Corporations Act for the body corporate; and

(ii)if the body corporate is trading under a name other than in the certificate of registration under the Corporations Act, a certified copy of any registration issued to the body corporate in that name under the Business Names Registration Act 2011 of the Commonwealth; and

(iii)if the body corporate is registered under the Corporations Act, a certified copy of a document that verifies the appointment of the officers of the body corporate from the Australian Securities and Investments Commission.

30Documents to accompany renewal application

For the purposes of section 92(2)(c) of the Act, the prescribed documents or information are the following—

(a)a certificate of currency for public liability insurance in relation to the business carried on by the applicant;

(b)in the case of an applicant that is a body corporate that is registered under the Corporations Act, a certified copy of a document that verifies the appointment of the officers of the body corporate from the Australian Securities and Investments Commission.

Division 2—Individual operator registrations

31Particulars for registration or renewal application

For the purposes of sections 73(b) and 92(2)(b) of the Act, an application for a private security individual operator registration or the renewal of a private security individual operator registration must contain the following particulars—

(a)the security activities the applicant seeks to have authorised under the registration;

(b)the given names, surname, postal and residential address of the applicant;

(c)the date of birth of the applicant;

(d)the name and address of any employer of the applicant;

(e)details, in relation to the applicant, of any of the following—

(i)a conviction for an indictable offence in the preceding 10 years;

(ii)a finding of guilt for any indictable offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence that are pending at the time the application is made.

32Documents and information to accompany application for registration

An application under section 73 of the Act

for the grant of a private security individual operator registration must be accompanied by a passport‑size colour photograph of the applicant.

Division 3—General provisions for registrations

33Registration document

A registration document issued under section 96 of the Act must contain the following particulars—

(a)the type of private security registration granted;

(b)the security activities authorised under the registration;

(c)the name of the registration holder and, in the case of a registration held by a body corporate, the name of the nominated person;

(d)the expiry date of the registration;

(e)a photograph of the registration holder or, in the case of a registration held by a body corporate, a photograph of the nominated person;

(f)any name under which the business will operate;

(g)any conditions imposed on the registration.

34Application by holder of registration to vary registration to authorise additional activity

For the purposes of section 98(4)(b) of the Act, the prescribed particulars are current details of the particulars that have changed since the registration was granted or last renewed.

35Application by holder of registration to vary a registration

(1)For the purposes of section 99(3)(b) of the Act, the prescribed particulars are—

(a)the applicant's reasons for seeking the variation or revocation of the condition; and

(b)current details of the particulars that have changed since the registration was granted or last renewed.

(2)For the purposes of section 99(3)(c) of the Act, the prescribed documents and information is a certified copy of any document that verifies the accuracy of the reasons set out in the application.

36Issue, surrender and cancellation of registration document

(1)A private security registration document issued under section 100(1) of the Act must contain—

(a)details of the class B security activities authorised under the varied registration; and

(b)details of any conditions on the varied registration.

(2)A private security registration document issued under section 101(5) or 114(2) of the Act must contain details of any class B security activity that continues to be authorised under the registration.

Division 4—Fees for registrations

37Fees for business registrations held by natural persons

For the purposes of sections 87(1), 87(2), 95(1)(a) and 95(1)(b) of the Act, the prescribed fees for a private security business registration in the case of a natural person are set out in the Table.

Table

Column 1	Column 2	Column 3	Column 4
Item	Number of class B activities to be authorised under the registration	Application fee for registration or renewal of registration	Registration fee or renewal fee
1	1	7·23 fee units	1·17 fee units for each month or part of a month for which the registration is granted or renewed
2	2	7·96 fee units	1·27 fee units for each month or part of a month for which the registration is granted or renewed

38Fees for business registrations held by bodies corporate

For the purposes of sections 87(1), 87(2), 95(1)(a) and 95(1)(b) of the Act, the prescribed fees for a private security business registration in the case of a body corporate are set out in the Table.

Table

Column 1	Column 2	Column 3	Column 4
Item	Number of class B activities to be authorised under the registration	Application fee for registration or renewal of registration	Registration fee or renewal fee
1	1	12·12 fee units	1·96 fee units for each month or part of a month for which the registration is granted or renewed
2	2	13·33 fee units	2·15 fee units for each month or part of a month for which the registration is granted or renewed

39Fees for individual operator registrations

For the purposes of sections 87(1), 87(2), 95(1)(a) and 95(1)(b) of the Act, the prescribed fees for a private security individual operator registration are set out in the Table.

Table

Column 1	Column 2	Column 3	Column 4
Item	Number of class B activities to be authorised under the registration	Application fee for registration or renewal of registration	Registration fee or renewal fee
1	1	3·32 fee units	1 fee unit for each period of 2 months or part of a period of 2 months for which the registration is granted or renewed
2	2	3·66 fee units	1∙08 fee units for each period of 2 months or part of a period of 2 months for which the registration is granted or renewed

40Reduced fees for simultaneous applications

(1)Despite regulations 37, 38 and 39, if a person applies for a private security registration or the renewal of a private security registration at the same time as the person applies for the issue or renewal of a licence under the Firearms Act 1996, the application fee for the grant or renewal of the registration is 50% of the fee for that application set out in Column 3 of the relevant Table in regulation 37, 38 or 39.

(2)Despite regulations 37, 38 and 39, if a person applies for the grant or renewal of a private security registration at the same time as the person applies for the grant or renewal of a private security licence (whether or not the person applies for the issue or renewal of a licence under the Firearms Act 1996 at that same time) the fees are—

(a)in the case of the application fee, 50% of the fee for that application set out in Column 3 of the relevant Table in regulation 37, 38 or 39; and

(b)in the case of the registration or renewal fee, 10% of the fee for that registration or renewal set out in Column 4 of the relevant Table in regulation 37, 38 or 39.

41Reduced application fee for certain applications

Despite regulations 37, 38, 39 and 40, if a person applies for a private security registration or the renewal of a private security registration for a period that is less than 3 years, the application fee is the amount of the application fee for that registration or renewal set out in Column 3 of the Table in regulation 37, 38 or 39 (or the reduced amount calculated in accordance with regulation 40) divided by 36 and multiplied by the number of months of the period of the registration.

42Fees for variation of business registrations

(1)For the purposes of section 98(5)(a) of the Act, the prescribed application fee is—

(a)in the case of a private security business registration held by a natural person,
3∙62 fee units; or

(b)in the case of a private security business registration held by a body corporate, 6∙06 fee units; or

(c)in the case of a private security individual operator registration, 1∙66 fee units.

(2)For the purposes of section 98(5)(b) of the Act, the prescribed variation fee is—

(a)in the case of a private security business registration held by a natural person, 10∙39 fee units; or

(b)in the case of a private security business registration held by a body corporate, 17∙32 fee units; or

(c)in the case of a private security individual operator registration, 4∙67 fee units.

43Application fee to vary or revoke a registration condition

For the purposes of section 99(4) of the Act, the prescribed application fee is 2∙25 fee units.

Division 5—Permits

44Fees for permits

(1)For the purposes of section 122(1) of the Act, the prescribed application fee for an application for a permit issued under Division 5 of Part 4 of the Act is 4·4 fee units.

(2)For the purposes of section 122(2) of the Act, the prescribed permit fee for a permit issued under Division 5 of Part 4 of the Act is 4·15 fee units.

Part 4—General provisions applying to licences and registrations

45Nominated person of body corporate

For the purposes of section 124(9)(c) of the Act, the following documents and information are prescribed—

(a)a passport-size colour photograph of the nominated person;

(b)the date of birth of the nominated person;

(c)in the case of a private security business licence, details, in relation to the nominated person, of any of the following—

(i)a conviction for an indictable offence or a disqualifying offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence or a disqualifying offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence or a disqualifying offence that are pending at the time the application is made;

(d)in the case of a private security business registration, details, in relation to the nominated person, of any of the following—

(i)a conviction for an indictable offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence that are pending at the time the application is made;

(e)details of any declaration of bankruptcy by the nominated person;

(f)details of whether the nominated person is insolvent under administration;

(g)proof of identity of the nominated person, being, if the Chief Commissioner so requires, proof by way of the specified identification method;

(h)two written references from persons in a class prescribed in regulation 49 attesting to the suitability of the nominated person;

(i)in the case of an applicant for, or holder of, a private security business licence—

(i)details of any membership by the nominated person of an approved security industry organisation relevant to each private security activity or any aspect of each private security activity authorised under the licence and a certified copy of a document verifying that membership; and

(ii)details of the nominated person's qualifications and training (if any) relevant to each private security activity or any aspect of each private security activity authorised under the licence and certified copies of documents verifying the qualifications or training; and

(iii)details of the nominated person's knowledge or experience (if any) relevant to each private security activity or any aspect of each private security activity authorised under the licence and documents verifying the knowledge or experience.

46Duplicate licence or registration document

For the purposes of section 125(2)(a) of the Act, the prescribed fee is 2·92 fee units.

47Permanent records to be kept by licence and registration holders

For the purposes of section 134(1)(a) and (2)(a) of the Act, the holder of a private security licence or private security registration must keep permanent records of the following particulars—

(a)the given names, surname and address of any person who requested that the holder provide a security service;

(b)the date the request for the service was received by the holder;

(c)a description of the nature of the service provided by the holder;

(d)the dates on which the service was provided;

(e)the names and addresses of any persons engaged or employed by the holder of the private security licence or private security registration to provide the service.

48Inspection of records

(1)The holder of a licence or registration required to keep a record under section 134 of the Act must make the record available for inspection by a police officer or an authorised person at any time during normal business hours.

Penalty:10 penalty units.

(2)Records made available for inspection under subregulation (1) may only be inspected for the purposes of monitoring whether the holder of the licence or registration is complying with the Act or these Regulations.

49Persons for giving written references

For the purposes of sections 17 and 74 of the Act, the class of person that is prescribed for the giving of written references is a person who—

(a)has known the person referred to in the reference for at least 12 months; and

(b)is not related by birth or marriage to that person; and

(c)is any of the following—

(i)a person authorised by section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration;

(ii)a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

(iii)a registered teacher within the meaning of the Education and Training Reform Act 2006 or a corresponding law of another State or Territory;

(iv)an Officer of the Australian Defence Force within the meaning of the Defence Act 1903 of the Commonwealth;

(v)a holder of a private security business licence (or if the holder is a body corporate, the nominated person) who for at least 5 years continuously held that licence or was the nominated person in relation to the licence.

Part 5—Particular provisions for crowd controllers

50Crowd controllers must wear identification

For the purposes of section 138 of the Act, the identification to be worn by a crowd controller must—

(a)be clearly visible; and

(b)consist of—

(i)a number not less than 4 centimetres in height and 5 millimetres in thickness; and

(ii)the word "SECURITY" in letters not less than 5 millimetres in height; and

(c)be worn on the crowd controller's chest.

51Information required to be entered in the register

For the purposes of section 142(1)(f) of the Act, the following information is required—

(a)the times at which the crowd controller starts and finishes each period of duty at the place where the person acts as a crowd controller;

(b)the signature of the crowd controller to be entered into the register at the time at which the crowd controller records starting and finishing each period of duty in the register.

Part 6—Infringement notices

52Power to serve a notice

(1)For the purposes of section 163(1)(b) of the Act, a prescribed offence is an offence set out in Column 2 of the Table.

(2)The infringement penalty—

(a)for an offence against section 59(1), 62(1), 114(1), 117(1), 128(3), 129(2), 129(4), 133 or 138 of the Act is 2·5 penalty units; and

(b)for an offence against section 141(1), 176(1) or 176(2) of the Act is 5 penalty units; and

(c)for an offence against section 134(1) or 134(2) of the Act is 10 penalty units; and

(d)for an offence against a regulation set out in Column 2 of the Table is the amount set out in Column 3 of that Table for that offence.

(3)A summary of an offence in Column 4 of the Table does not affect the nature or elements of the offence to which the summary refers or the operation of these Regulations.

Table

Column 1	Column 2	Column 3	Column 4
Item	Offences against these Regulations	Infringement penalty	Summary of offence
1	Regulation 48(1)	2·5 penalty units	Failure to make records available for inspection
2	Regulation 58	2·5 penalty units	Failure to provide notice of change of particulars

Part 7—General

53Approvals to be published

The Chief Commissioner must publish on the Internet an up-to-date list of—

(a)security industry training or other requirements approved under section 172(1)(a) of the Act; and

(b)security industry organisations approved under section 172(1)(c) of the Act.

54Chief Commissioner to keep register

For the purposes of section 173(1) of the Act, the prescribed particulars are those set out in Schedule 1.

55Parts of the register that may be inspected

For the purposes of section 173(2) of the Act, the part of the register that is prescribed for the purposes of inspection is the part containing the following particulars about holders of licences, registrations and permits under the Act—

(a)the names in which the licences, registrations or permits are held;

(b)the business addresses of the holders or the names and addresses of the employers of the holders;

(c)the security activities the holders are authorised to carry out under those licences, registrations or permits;

(d)any conditions imposed on the holders of the licences, registrations or permits relating to supervision or training or the carriage and use of equipment;

(e)the expiry date of the licences, registrations or permits held.

56Requirement to notify Chief Commissioner of changes to close associates

For the purposes of section 174(2)(d) of the Act, the following documents and information are prescribed—

(a)the date of birth of the person;

(b)in the case of the holder of a private security business licence, details, in relation to the person, of any of the following—

(i)a conviction for an indictable offence or a disqualifying offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence or a disqualifying offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence or a disqualifying offence that are pending at the time the application is made;

(c)in the case of the holder of a private security business registration, details, in relation to the person, of any of the following—

(i)a conviction for an indictable offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence that are pending at the time the application is made;

(d)details of any declaration of bankruptcy by the person;

(e)details as to whether the person is insolvent under administration;

(f)proof of identity of the person, being if the Chief Commissioner so requires, proof by way of the specified identification method;

(g)two written references from persons in a class specified in regulation 49 attesting to the suitability of the person.

57Body corporate to notify Chief Commissioner of changes to officers

For the purposes of section 175(2)(c) of the Act, the following documents and information are prescribed—

(a)the date of birth of the person;

(b)if the body corporate is the holder of a private security business licence, details, in relation to the person, of any of the following—

(i)a conviction for an indictable offence or a disqualifying offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence or a disqualifying offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence or a disqualifying offence that are pending at the time the application is made;

(c)if the body corporate is the holder of a private security business registration, details, in relation to the person, of any of the following—

(i)a conviction for an indictable offence in the preceding 10 years;

(ii)a finding of guilt for an indictable offence in the preceding 5 years for which a conviction was not recorded;

(iii)any charges that have been laid for committing an indictable offence and that are pending at the time the application is made;

(d)a certified copy of a document that verifies the appointment of the person as an officer of the body corporate from the Australian Securities and Investments Commission if the body corporate is registered under the Corporations Act;

(e)details of any declaration of bankruptcy by the person;

(f)details as to whether the person is insolvent under administration;

(g)proof of identity of the person, being if the Chief Commissioner so requires, proof by way of the specified identification method;

(h)two written references from persons in a class specified in regulation 49 attesting to the suitability of the person.

58Notice of change of particulars

A person who is the holder of a private security licence, private security registration or permit issued under the Act must advise the Chief Commissioner in writing within 28 days of a change in the following particulars in relation to that person—

(a)the name of the person;

(b)in the case of a private security business licence, a private security business registration or a permit issued under section 65 or 120 of the Act, the principal place of business of the person, if that place is not the registered address of the business.

Penalty:10 penalty units.

Note

Section 129 of the Act requires the holder of a private security licence or a private security registration to notify the Chief Commissioner of any change of a registered address.

59Certified copies of documents

If these Regulations require a certified copy of a document, the copy of the document must be certified by an authorised certifier within the meaning of section 3 of the Oaths and Affirmations Act2018—

(a)in accordance with the following process—

(i)each page of the copy, other than the last page, must be certified to the effect that the copy is a true and complete copy of the corresponding page of the document;

(ii)the last page of the copy must be certified to the effect that the copy is a true and complete copy of the document; or

(b)in accordance with the process for certification in section 41 of the Oaths and Affirmations Act 2018.

Schedule 1—Register of licence, registration and permit holders

Regulation 54

1Name in which each licence, registration or permit is granted or issued.

2Registered address of the licence, registration or permit holder.

3Address of principal place of business of the holder (if not the same address as the registered address).

4Additional business names (if any).

5Name and address of any close associate of the holder of a licence, registration or permit and in the case of a holder that is a body corporate, the names and addresses of the nominated person and each officer of the body corporate.

6Date of birth of each licence, registration and permit holder who is a natural person, and in the case of a body corporate, date of birth of the nominated person and each officer of the body corporate.

7Type of licence, registration or permit.

8Security activities authorised under the licence, registration or permit.

9Any conditions imposed on the licence, registration or permit.

10Date that the current licence, registration or permit was granted or issued.

11Date that the original licence or registration or first permit was granted or issued (if known).

12Expiry date of the current licence, registration or permit.

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Endnotes

1   General information

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

The Private Security Regulations 2016, S.R. No. 64/2016 were made on 21 June 2016 by the Governor in Council under section 180 of the Private Security Act 2004, No. 33/2004 and came into operation on 26 June 2016: regulation 3.

The Private Security Regulations 2016 will sunset 10 years after the day of making on 21 June 2026 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Private Security Regulations 2016 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Private Security Amendment Regulations 2020, S.R. No. 23/2020

Date of Making:	7.4.20
Date of Commencement:	21.4.20: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 77/2005 as extended in operation by S.R. No. 60/2015.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2019 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.