Security and Investigation Agents Variation Regulations 2005 (SA)

South Australia

Security and Investigation Agents Variation Regulations 2005

under the Security and Investigation Agents Act 1995

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Security and Investigation Agents Regulations 1996

1. Variation of Schedule 1—Offences preventing persons being licensed agents or process servers

Schedule 1—Transitional provision

1. Transitional provision

Part 1—Preliminary

1—Short title

These regulations may be cited as the Security and Investigation Agents Variation Regulations 2005.

2—Commencement

These regulations will come into operation four months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Security and Investigation Agents Regulations 1996

4—Variation of Schedule 1—Offences preventing persons being licensed agents or process servers

1. Schedule 1, clause 1—delete clause 1 and substitute:

   1—Licences—section 9(1)(b) and 9(2)(b)(i)

   (1)An offence to which this subclause applies is prescribed for the purposes of section 9(1)(b) and 9(2)(b)(i) of the Act in relation to any function to be authorised by a licence if—

   (a)a sentence of detention or imprisonment of more than 30 months was imposed in respect of the offence; or

   (b)the offence was committed by a minor and—

   (i)in the case of a minor dealt with in relation to the offence as an adult—the conviction was within the previous 10 years; or

   (ii)in any other case—the conviction was within the previous 5 years; or

   (c)the offence was committed by an adult and the conviction was within the previous 10 years.

   (2)Subclause (1) applies to the following offences:

   (a)an indictable offence;

   (b)common assault or an offence of violence;

   (c)an offence against the Controlled Substances Act 1984 involving a prohibited substance or a drug of dependence, other than a simple cannabis offence within the meaning of section 45A of that Act;

   (d)an offence against the Firearms Act 1977, other than an offence against section 15C, 18, 21A, 21AB or 26 of that Act;

   (e)an offence against section 15 or 15A of the Summary Offences Act 1953;

   (f)an offence against the Police Act 1998;

   (g)an offence against the Listening and Surveillance Devices Act 1972;

   (h)an offence against the Telecommunications (Interception) Act 1979 of the Commonwealth;

   (i)an offence against the Act or these regulations or the repealed Commercial and Private Agents Act 1986 or regulations made under that Act;

   (j)an offence substantially similar to any of the above offences against the law of another place.

   (3)The following offences are prescribed for the purposes of section 9(1)(b) and 9(2)(b)(i) of the Act in relation to any function to be authorised by a licence if the conviction was within the previous 5 years:

   (a)a summary offence against Part 5 of the Criminal Law Consolidation Act 1935;

   (b)an offence substantially similar to the above offence against the law of another place.

   (4)Subclause (2)(g) and (h) do not apply in relation to a licence subject to a condition limiting the functions that may be performed under the authority of the licence to controlling crowds.

2. Schedule 1, clause 2—delete "specified by clause 1(1)" and substitute:

   prescribed by clause 1(1) and (3)

3. Schedule 1—after clause 2 insert:

   3—Application of section 25(1)(e)(ii)

   For the purposes of the application of section 25(1)(e)(ii) of the Act to a person licensed as an agent immediately before the day on which this clause comes into operation—

   (a)a conviction of an offence committed by the person before that day is to be disregarded if the conviction would not have prevented the person from being entitled to be granted the licence before that day; and

   (b)a conviction of an offence committed by the person after that day is to be taken into account if the conviction would prevent the person from being entitled to be granted the licence if he or she were to apply for it following the conviction.

Schedule 1—Transitional provision

1—Transitional provision

A variation to the Security and Investigation Agents Regulations 1996 made by a provision of these regulations applies in respect of an application under the Act if the application is determined after the commencement of that provision irrespective of whether the application was lodged before or after that commencement.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 10 February 2005

No 9 of 2005

OCBACS008/04