Security and Investigation Industry Variation Regulations 2015 (SA)

South Australia

Security and Investigation Industry Variation Regulations 2015

under the Security and Investigation Industry Act 1995

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Security and Investigation Industry Regulations 2011

4            Variation of regulation 3—Interpretation

5            Variation of regulation 5—Other exemptions

6            Variation of regulation 9A—Licence endorsements (section 11B of Act)

7           Variation of regulation 25—General duty with respect to records

8            Variation of regulation 35—Audit of trust accounts

9            Variation of regulation 36—Requirement to submit audit statement or declaration

10          Variation of regulation 37—Agent's statement to auditor

11          Variation of regulation 38—Requirements of audit

12          Variation of Schedule 4—Fees and default penalties

Part 1—Preliminary

1—Short title

These regulations may be cited as the Security and Investigation Industry Variation Regulations 2015.

2—Commencement

These regulations will come into operation on the day on which section 36 of the Statutes Amendment (Occupational Licensing) Act 2013 comes into operation.

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 Industry Regulations 2011

4—Variation of regulation 3—Interpretation

Regulation 3—after the definition of blood test information sheet insert:

BSB number (Bank State Branch number) means the number assigned to identify a particular branch of a particular ADI;

5—Variation of regulation 5—Other exemptions

1. Regulation 5(1)—after paragraph (c) insert:

   or

   (d)the person does not, for the purpose of providing advice on security alarm or surveillance systems, attend at premises in relation to which the advice is provided.

2. Regulation 5—after subregulation (1) insert:

   (1a)A person is exempt from the requirement to hold a licence authorising the performance of the function of hiring out or otherwise supplying security alarm or surveillance systems if the person does not, to perform that function, attend at premises for which a security alarm or surveillance system is supplied.

6—Variation of regulation 9A—Licence endorsements (section 11B of Act)

Regulation 9A(4), table—delete the table and substitute:

Endorsement

Function

body guarding

protecting or guarding a person or keeping a person under surveillance; and

hiring out or otherwise supplying persons for the purpose of protecting or guarding a person or keeping a person under surveillance; and

preventing, detecting or investigating the commission of an offence in relation to a person; and

hiring out or otherwise supplying persons for the purpose of preventing, detecting or investigating the commission of an offence in relation to a person

crowd or venue control

controlling crowds; and

hiring out or otherwise supplying persons for the purpose of controlling crowds

general guarding

protecting or guarding property or keeping property under surveillance (other than in a manner involving a dog or while in possession of a firearm); and

hiring out or otherwise supplying persons for the purpose of protecting or guarding property or keeping property under surveillance (other than in a manner involving a dog or while in possession of a firearm); and

preventing, detecting or investigating the commission of an offence in relation to property; and

hiring out or otherwise supplying persons for the purpose of preventing, detecting or investigating the commission of an offence in relation to property

guarding with a dog

protecting or guarding property, or keeping property under surveillance, in a manner involving a dog; and

hiring out or otherwise supplying persons for the purpose of protecting or guarding property or keeping property under surveillance, in a manner involving a dog; and

hiring out or otherwise supplying dogs or other animals for the purpose of protecting or guarding property

guarding with a firearm

protecting or guarding property, or keeping property under surveillance, while possessing or using a firearm within the meaning of the Firearms Act 1977; and

hiring out or otherwise supplying persons for the purpose of protecting or guarding property or keeping property under surveillance, while possessing or using a firearm within the meaning of the Firearms Act 1977;

monitoring centre operations

protecting or guarding property, or keeping property under surveillance, by means of monitoring a security alarm or surveillance system whether from the place at which the property is located or from another place (but not by means of attendance in response to an alarm)

security systems work

providing advice on security alarm or surveillance systems; and

hiring out or otherwise supplying security alarm or surveillance systems or persons to provide advice on security alarm or surveillance systems; and

installing or maintaining security alarm or surveillance systems; and

hiring out or otherwise supplying persons for the purpose of installing or maintaining security alarm or surveillance systems

security systems work limited to providing sales and advice only

providing advice on security alarm or surveillance systems; and

hiring out or otherwise supplying security alarm or surveillance systems or persons to provide advice on security alarm or surveillance systems

7—Variation of regulation 25—General duty with respect to records

Regulation 25(b)—delete "week" and substitute:

month

8—Variation of regulation 35—Audit of trust accounts

1. Regulation 35—delete "A collection" and substitute:

   Subject to subregulation (2), a collection

2. Regulation 35—after its present contents (now to be designated as subregulation (1)) insert:

   (2)If no trust money was held in a collection agent's trust account during a particular audit period, no audit is required under subregulation (1) in relation to that period.

9—Variation of regulation 36—Requirement to submit audit statement or declaration

1. Regulation 36(1)—delete "A collection" and substitute:

   Subject to subregulation (1a), a collection

2. Regulation 36—after subregulation (1) insert:

   (1a)If regulation 35(2) applies in relation to a collection agent's trust account during a particular audit period, the collection agent must, instead of lodging a statement under subregulation (1) in respect of that audit period, lodge with the Commissioner a declaration in accordance with this regulation setting out the reasons for not holding any money in the trust account during that period.

   Maximum penalty: $2 500.

3. Regulation 36(3)—delete "The declaration" and substitute:

   A declaration required under this regulation

10—Variation of regulation 37—Agent's statement to auditor

Regulation 37(2)—delete subregulation (2)

11—Variation of regulation 38—Requirements of audit

1. Regulation 38(3)—delete subregulation (3) and substitute:

   (3)The statement prepared by the auditor for lodging with the Commissioner must include the name, number and relevant BSB number of each trust account included in the audit.

2. Regulation 38(4)—delete "verify the statement by statutory declaration and"

3. Regulation 38—after subregulation (5) insert:

   (6)Subregulations (2) and (5)(c) do not apply in relation to losses and deficiencies in a trust account that have been promptly rectified and were due to inadvertence (provided that the total of the losses and deficiencies have not exceeded $100 in any 3 month period).

12—Variation of Schedule 4—Fees and default penalties

1. Schedule 4, item 2(a)—after item (i) insert:

(ia)    in the case of a security industry trainers licence $291

1. Schedule 4, item 3(a)—after item (i) insert:

(ia)    in the case of a security industry trainer $291

1. Schedule 4, item 5—delete "for alteration to conditions of licence" and substitute:

   to impose, vary or revoke a licence condition

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 29 October 2015

No 225 of 2015

14MBSC12CS