Security Agents Act Amendment Act 1979 (WA)

WES'iLktN AUSTRALIA.

SECURITY AGENTS.

No. 45 of 1979.

AN ACT to amend the Security Agents Act,

1976-1978.

[Assented to 25th October, 1979.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Security

and

citation.

Agents Act Amendment Act, 1979.

(2) In this Act the Security Agents Act, 1976-1978 g1978 aBs7 amended by

is referred to as the principal Act.

Act No. 41

of 1978.

(3) The principal Act as amended by this Act may

be cited as the Security Agents Act, 1976-1979.

No. 45.] Security Agents. [1979.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such date or dates as is or are,

respectively, fixed by proclamation.

Section 13

Section 13 of the principal Act is amended by deleting the words "general licence", in line three of subsection (4), and inserting in lieu thereof the words "licence under this Act".

amended. 3.

Section 30

Section 30 of the principal Act is amended by deleting the words "general licence", in line one, and inserting in lieu thereof the words "licence under this Act".

amended. 4.

Section 41.

5.    Section 41 of the principal Act is amended

amended.

(a) by inserting after subsection (1) a new subsection as follows

(la) A person who, by way of his occupation, carries on the business of installing, maintaining, or repairing safes, vaults, or mechanical, electronic, acoustic or other equipment or devices designed or adapted to provide or enhance security or for the protection or watching of any property on behalf of any other person is deemed for the purposes of this Act to be carrying on the business of a security agent. ;

(b) as to subsection (2), by deleting the passage "of patrolling, watching, protecting or guarding any property", in lines five and six, and inserting in lieu thereof a new passage as follows

of

(a)

patrolling, watching, protecting or

guarding any property; or

1979.] Security Agents. [No. 45.

(b) installing, maintaining, or repairing any safe, vault, or mechanical, electronic, acoustic or other equip- ment or device designed or adapted to provide or enhance security or for the protection or watching of any property, ;

and

(c) by adding two new subsections, as follows

(5) Where the holder of any licence as a guard under this Act

(a)

ceases to perform the functions

of a guard;

(b)

ceases to be in the direct employ of a security agent; or

(c)

ceases to act for or by arrange- ment with a security agent,

whether or not he thereupon enters the employ of, or acts for or by arrangement with, any other security agent, he shall deliver up to the licensing officer forth- with any means of identification held by him prescribed under this Act, and the security agent by whom he was employed, or for or by arrangement with whom he acted, shall notify the licensing officer in writing of the fact of that cessation and as to the circumstances as soon as is practicable.

Penalty: Two hundred dollars.

(6) Any security agent or guard who makes use of any uniform or vehicle marking likely to be confusingly similar to a uniform or vehicle marking in use by the police force of the State or of the Commonwealth commits an offence, and

No. 45.] Security Agents. [1979.

any question as to whether or not any such uniform or vehicle marking is likely to be so confusingly similar may be determined by the licensing officer and a certificate under the hand of the licensing officer to that effect shall be taken to be conclusive evidence as to the matter in any proceedings.

Penalty: Two hundred dollars. .