Security and Related Activities (Control) Amendment Regulations 2005 (WA)
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WESTERN 4071 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | |
| PERTH, THURSDAY, 1 SEPTEMBER 2005 | No. 165 SPECIAL |
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
© STATE OF WESTERN AUSTRALIA
SECURITY AND RELATED ACTIVITIES (CONTROL)
ACT 1996
_________
SECURITY AND RELATED
ACTIVITIES (CONTROL)
AMENDMENT
REGULATIONS 2005
1 September 2005 GOVERNMENT GAZETTE, WA 4073
Security and Related Activities (Control) Act 1996
Security and Related Activities (Control)
Amendment Regulations 2005
Made by the Governor in Executive Council.
1. Citation
These regulations are the Security and Related Activities
(Control) Amendment Regulations 2005.
2. Commencement
These regulations come into operation on 1 September 2005.
3. The regulations amended
The amendments in these regulations are to the Security and
Related Activities (Control) Regulations 1997*.[* Reprint 2 as at 9 July 2004. For amendments to 29 June 2005 see Western Australian Legislation Information Tables for 2004, Table 4, p. 368.]
4. Regulation 3 amended
(1) Regulation 3(2)(a) is amended by deleting “the Standards
Association of Australia,” and inserting instead —“ Standards Australia, ”.
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(2) Regulation 3(2)(b) is amended by deleting “the Standards
Association of Australia” and inserting instead —“ Standards Australia ”. 5. Regulation 9 replaced
Regulation 9 is repealed and the following regulation is inserted
instead —“ 9. Activities prescribed for section 24
The following activities are prescribed for the purposes
of section 24(1)(b) —
(a)
guarding an automatic teller machine while it is malfunctioning or is being repaired or serviced;
(b)
guarding a safe while it is malfunctioning or is being repaired or serviced;
(c)
guarding money or an article of value at a place of business specified in a security agent’s licence.
”.
6. Regulation 10 amended
Regulation 10 is amended after paragraph (a) by deleting “and”
and inserting instead —“
(aa) evidence that within the previous 6 months the
applicant —(i) has successfully completed an approved training course in firearm use; or
(ii) has obtained a qualification, approved by the Commissioner, in firearm use;
and
”.
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7. Regulation 12 amended
Regulation 12 is amended after paragraph (a) by deleting “and”
and inserting instead —“
(aa) evidence that within the previous 6 months the
applicant —(i) has successfully completed an approved training course in firearm use; or
(ii) has obtained a qualification, approved by the Commissioner, in firearm use;
and
”.
8. Regulation 13A amended
Regulation 13A is amended as follows:
(a)
by inserting before paragraph (a) the following paragraphs —
“
(aa) a person appointed under the Court Security
and Custodial Services Act 1999 section 44 to
carry out an inquiry under that section, while
acting in the ordinary course of that inquiry;(ab) a person appointed under the Prisons Act 1981
section 9 to carry out an inquiry under that
section, while acting in the ordinary course of
that inquiry;”;
(b) in paragraph (e) by inserting after “paragraph” — “ (aa), (ab), ”.
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9. Regulation 15 replaced
Regulation 15 is repealed and the following regulation is
inserted instead —“ 15. Medical examination prescribed for security officers with authority to be in possession of a firearm
The medical examination prescribed for the purposes
of —
(a)
section 47(1)(d) in the case of an application for a security officer’s licence with an endorsement under section 24; or
(b) section 52(h),
is an examination by a medical practitioner to
determine whether the medical practitioner considers
the applicant to be physically and psychologically fit tobe in possession of a firearm.
”.
10. Regulation 16 amended
Regulation 16(1) is amended as follows:
(a) after paragraph (b) by deleting “and”; (b)
in paragraph (c) by deleting “activities.” and inserting instead —
“
activities;
(d)
an investigator’s licence, an approved training course in —
(i) investigations into the conduct of character of individuals;
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(ii) surveillance work in relation to the matters referred to in subparagraph (i);
(iii) investigations concerning missing
persons.
”.
11. Regulation 19 replaced
Regulation 19 is repealed and the following regulation is
inserted instead —“ 19. Application for renewal of licence
An application under section 49(1) for the renewal of a
licence is to be lodged by the applicant —
(a)
by post so that the application is received by a licensing officer by the time referred to in section 49(3); or
(b) in person —
(i) if the applicant resides within 50 km of the General Post Office at Perth, with a licensing officer by the time referred to in section 49(3); or
(ii) otherwise, with the officer in charge at the police station nearest to the applicant’s place of residence by the time referred to in section 49(3).
”.
12. Regulation 22 repealed
Regulation 22 is repealed.
13. Regulation 36 amended
Regulation 36(1) is amended as follows:
(a) by deleting “employed in the business”;
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(b) in paragraph (a) by deleting “the name” and inserting instead — “ the full name ”.
14. Regulation 37 amended
(1) Regulation 37(1) is amended as follows:
(a)
by deleting “employed in the business responds to a security alarm that is monitored by the business” and inserting instead —
“
whose services are supplied by a security agent
responds to a security alarm that is monitored by thesecurity agent
”;
(b) in paragraph (a) by deleting “the name” and inserting instead — “ the full name ”.
(2) After regulation 37(1) the following subregulations are
inserted —“
(1a)
The alarm surveillance register of a security agent is to set out, in relation to each occasion on which a security officer whose services are supplied by another security agent responds to a security alarm that is monitored by the security agent —
(a)
the address of the premises protected by the security alarm;
(b)
the name of the security agent that supplied the services of the security officer;
(c)
the name of the individual who, on behalf of the security agent that supplied the services of the security officer, dealt with the request to supply those services;
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(d) the dates and times when — (i) the alarm was activated;
(ii) the owner or occupier of the protected premises was notified that the alarm had been activated;
and
(e)
details of what caused the alarm to activate, if known.
(1b)
The alarm surveillance register of a security agent is to set out, in relation to each occasion on which a security officer whose services are supplied by the security
agent responds to a security alarm that is monitored by
another security agent —
(a) the name of the security agent that monitored the alarm; (b) the name of the individual who, on behalf of the security agent that monitored the alarm, requested the supply of the security officer’s services;
(c) the name and licence number of the security officer; (d) the address of the premises protected by the security alarm; (e) the dates and times when — (i) the security officer arrived at the protected premises; and
(ii) the police arrived at the protected premises (if police attendance was required);
(f)
details of what caused the alarm to activate, if known; and
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(g)
details of the action taken by the security officer.
”.
(3) Regulation 37(2) is amended by deleting “subregulation (1)”
and inserting instead —“ subregulations (1), (1a) and (1b) ”. 15. Regulation 38 amended
(1) Regulation 38(a) is amended as follows:
(a) by deleting “and licence numbers” and inserting instead — “
, licence numbers and expiry dates of the
licences
”;
(b) by deleting “employed in” and inserting instead — “ who perform licensed activities for ”.
(2) Regulation 38(c) is amended by deleting “employed in the
business”.16. Regulation 39 amended
Regulation 39 is amended as follows:
(a)
by inserting before “The” the subregulation designation “(1)”;
(b)
at the end of the regulation by inserting the following subregulation —
“
(2) An incident register is to be kept in the form of a
permanently bound book with sequentially numbered
pages.”.
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17. Regulation 40 amended
(1) Regulation 40(1) is amended as follows:
(a)
by deleting “employed in the business removes” and inserting instead —
“
performing licensed activities on behalf of the business
physically restrains a person at, or removes
”;
(b) after “entering,” by inserting — “ a place, ”;
(c) in paragraph (a) by deleting “the name” and inserting instead — “ the full name ”;
(d) in paragraph (b) by deleting “the event” and inserting instead — “ the place, event ”;
(e) in paragraph (c) by deleting “the event” and inserting instead — “ the place, event ”;
(f) in paragraph (d) after “was” by inserting — “ physically restrained, ”;
(g) in paragraph (e) after “was” by inserting — “ physically restrained, ”;
(h) in paragraph (f) after “was” by inserting — “ physically restrained, ”;
(i) in paragraph (g) by deleting “the names” and inserting instead —
“ the full names ”;
(j) in paragraph (g) after “was” by inserting — “ physically restrained, ”;
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(k) in paragraph (h) after “person was” by inserting — “ physically restrained, ”.
(2) Regulation 40(2) is repealed and the following subregulation is
inserted instead —“
(2) The details referred to in subregulation (1) must be
recorded in the register as soon as practicable after the
incident in question occurs —
(a)
by the crowd controller who physically restrained or removed the person, or prevented the person from entering; or
(b)
if more than one crowd controller physically restrained or removed the person, or prevented the person from entering, by one of those crowd controllers with the written acknowledgment in the register of each of the other crowd controllers as to the accuracy of the record made.
Penalty: $1 000.
”.
18. Regulation 41 amended
Regulation 41(a) is amended as follows:
(a) by deleting “and licence numbers” and inserting instead — “
, licence numbers and expiry dates of the
licences
”;
(b) by deleting “employed in” and inserting instead — “ who perform licensed activities for ”.
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19. Regulation 42 amended
Regulation 42 is amended as follows:
(a)
by deleting “and licence numbers” and inserting instead —
“
, licence numbers and expiry dates of the licences
”;
(b) by deleting “employed in” and inserting instead — “ who perform licensed activities for ”.
20. Regulation 43 amended
Regulation 43(c) is amended by deleting “the names” and
inserting instead —“ the full names ”.
21. Regulation 48A inserted
After regulation 48 the following regulation is inserted —
“
48A. Identity card to be produced when blood, urine
collected
(1) A crowd controller who is directed under section 80 to
give a sample of his or her blood or urine for analysis
must, at the time when the sample is taken, produce his
or her identity card to the sample collector or a police
officer or employee who is present when the sample is
taken.Penalty: $2 000. (2) A failure to produce an identity card in accordance
with subregulation (1) is to be taken to be a failure to
comply with a direction under section 80.
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(3) A person does not commit an offence under
subregulation (1), and subregulation (2) does not apply,
if the person who provided the sample produced, at the
time of providing the sample, evidence that satisfied
the sample collector or police officer or employee that
the person was the subject of the direction.”.
22. Regulation 54A inserted
After regulation 54 the following regulation is inserted in
Part 8 —“
54A. Codes of conduct
(1) A draft code of conduct may be prepared by an
association representing a group of persons licensed
under the Act who will be affected by the proposed
code of conduct.(2) In preparing a draft code of conduct an association is to
invite the following persons to make submissions in
relation to the draft code of conduct —
(a)
the persons who are the holders of licences of a kind that would be affected by the proposed code of conduct;
(b) the Commissioner; and
(c) members of the public.
(3) The Commissioner is to ensure that appropriate
consultation has occurred in relation to a draft code of
conduct before submitting it to the Minister.(4)
The Minister may approve the draft code of conduct with or without amendments that are specified by the Minister.
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(5) The Commissioner is to ensure that a code of conduct
that is approved by the Minister is published in the
Gazette.(6) A code of conduct is to specify the persons to whom
the code applies.(7) A breach of a code of conduct that has been approved
by the Minister and published in the Gazette is a proper
cause for disciplinary action against a licensee under
section 67(1a)(d).”.
23. Schedule 1 amended
(1) Schedule 1 clause 2 is deleted and the following clause is
inserted instead —
“
2. Uniforms
(1) All security officers must, at all times while performing
licensed activities for a business, wear a uniform that is of a
type approved by the Commissioner.(2) This condition does not apply —
(a)
to a security officer who is engaged in loss prevention activities in a retail store; or
(b)
if a licensing officer is satisfied that a security officer is engaged in escort duties in circumstances that require the security officer to wear clothes other than a uniform that is of a type approved by the Commissioner.
(3) A security officer to whom subclause (2)(a) or (b) applies
must not, while performing licensed activities for a business,
wear a uniform that is confusingly similar to a uniform in
use by a police force.”.
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(2) Schedule 1 clause 3 is deleted and the following clause is
inserted instead —
“
3. Vehicle markings
A marking on a vehicle used by a security officer while performing licensed activities for a business must not be confusingly similar to a vehicle marking in use by a police
force.
”.
(3) Schedule 1 clause 4(1), (2) and (3) are each amended by
deleting “employed in the business”.(4) Schedule 1 clause 5 is amended as follows:
(a) by inserting before “A” the subclause designation “(1)”; (b)
at the end of the clause by inserting the following subclause —
“
(2) This condition does not prevent a firearm used in the
business being kept at the residence of a security officer
employed in the business if —
(a)
the security officer is on call to perform an activity of a kind referred to in regulation 9(a) or (b); and
(b)
the firearm and any ammunition is stored in accordance with the requirements of the Firearms Act 1973.
”.
(5) Schedule 1 clause 6 is deleted and the following clause is
inserted instead —
“
6. Weapons training
(1) A security officer whose licence is endorsed under
section 24 must not be in possession of a firearm while
performing any licensed activity for the business unless he
or she successfully completes an approved training course in
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firearm use at least once every 6 months commencing on the
day on which the security officer first —
(a)
successfully completed an approved training course in firearm use; or
(b)
obtained a qualification, approved by the Commissioner, in firearm use.
(2) A security officer whose licence is endorsed under
section 26 must not be in possession of a baton while
performing any licensed activity for the business unless he
or she successfully completes an approved training course in
baton use at least once every 6 months commencing on the
day on which the security officer first successfully
completed an approved training course in baton use.”.
(6) Schedule 1 clause 7(1) is deleted and the following subclause is
inserted instead —“
(1) A security officer must, at all times while performing a
licensed activity for a business, wear a uniform that is of a
type approved by the Commissioner.”.
(7) After Schedule 1 clause 7(2) the following subclauses are
inserted —“
(3) This condition does not apply —
(a)
to a security officer who is engaged in loss prevention activities in a retail store; or
(b)
if a licensing officer is satisfied that a security officer is engaged in escort duties in circumstances that require the security officer to wear clothes other than a uniform that is of a type approved by the Commissioner.
(4) A security officer to whom subclause (3)(a) or (b) applies
must not, while performing a licensed activity for a
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business, wear a uniform that is confusingly similar to a
uniform in use by a police force.
”.
(8) Schedule 1 clause 8 is deleted and the following clause is
inserted instead —
“
8. Vehicle markings
A security officer must not use a vehicle while performing
licensed activities for a business if a marking on the vehicle
is confusingly similar to a vehicle marking in use by a
police force.”.
(9) Schedule 1 clause 9(1)(b) is amended by deleting “in whose
business he or she is employed”.(10) Schedule 1 clause 10 is amended as follows:
(a) by inserting before “A” the subclause designation “(1)”; (b) by inserting after “licensed activity” — “ for a security agent ”;
(c) by deleting “in whose business he or she is employed”; (d)
at the end of the clause by inserting the following subclause —
“
(2) This condition does not prevent a security officer keeping
the firearm at his or her residence if —
(a)
the security officer is on call to perform an activity of a kind referred to in regulation 9(a) or (b); and
(b)
the firearm and any ammunition is stored in accordance with the requirements of the Firearms Act 1973.
”.
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(11) Schedule 1 clause 11 is deleted and the following clause is
inserted instead —
“
11. Weapons training
(1) A security officer whose licence is endorsed under
section 24 must successfully complete an approved training
course in firearm use at least once every 6 months
commencing on the day on which the security officer
first —
(a)
successfully completed an approved training course in firearm use; or
(b)
obtained a qualification, approved by the Commissioner, in firearm use.
(2) A security officer whose licence is endorsed under
section 26 must successfully complete an approved training
course in baton use at least once every 6 months
commencing on the day on which the security officer first
successfully completed an approved training course in baton
use.”.
(12) Schedule 1 clause 14(b) is amended by deleting “it is clearly
visible,” and inserting instead —“
his or her photograph and licence number are
clearly visible to other persons,
”.
(13) Schedule 1 is amended in clause 15(c) as follows:
(a) by deleting “employed in the business”; (b) by inserting after “function” — “ for the business ”.
(14) Schedule 1 is amended in clause 16(1) by deleting “employed in
the business”.
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(15) Schedule 1 is amended after clause 16 by inserting the
following clause in Division 4 —
“
16A. Incident register A crowd control agent, in relation to an incident register
referred to in regulation 39 kept by the agent, must ensure
that —
(a) each entry made in the incident register is legible; (b)
each page or part of a page is not removed from the incident register;
(c)
each page or part of a page of the incident register is not damaged, obscured or replaced;
(d)
each entry or part of an entry in the incident register is not deliberately erased, obscured or otherwise rendered illegible;
(e)
a person is not requested or allowed to deliberately erase, obscure or otherwise render illegible any entry or part of an entry in the incident register;
(f)
a person who makes an alteration to an entry in the incident register dates and initials the alteration and legibly prints his or her full name near the initials.
”.
(16) Schedule 1 clause 17(b) is amended by deleting “it is clearly
visible,” and inserting instead —“
his or her photograph and licence number are
clearly visible to other persons,
”.
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(17) Schedule 1 is amended after clause 18 by inserting the
following clause —
“
19. Incident register
A crowd controller, in relation to an incident register
referred to in regulation 39 that is kept by the crowd control
agent —
(a)
must ensure that each entry that he or she makes in the incident register is legible;
(b)
must not remove a page or part of a page from the incident register;
(c)
must not damage, obscure or replace a page or part of a page of the incident register;
(d)
must not deliberately erase, obscure or otherwise render illegible any entry or part of an entry in the incident register;
(e)
must not request or allow another person to deliberately erase, obscure or otherwise render illegible any entry or part of an entry in the incident register;
(f)
must date and initial any alteration that he or she makes to an entry in the incident register and legibly print his or her full name near the initials.
”.
(18) Schedule 1 is amended after Division 5 by inserting the
following Division —
“
Division 6 — All licences
20. Identity cards
A person to whom an identity card is issued —
(a)
must not deliberately alter, erase, obscure or otherwise render illegible any written information on the identity card;
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(b)
must not deliberately alter, remove or obscure the photograph on the identity card;
(c)
must not request or allow another person to deliberately alter, erase, obscure or otherwise render illegible any written information on the identity card; and
(d)
must not request or allow another person to deliberately alter, remove or obscure the photograph on the identity card.
”.
24. Schedule 4 replaced
Schedule 4 is repealed and the following Schedule is inserted
instead —“
Schedule 4 — Fees
[Regulation 54]
Provision of Act Subject matter Fee ($) or regulations Column 1 Column 2 Column 3 Agent’s licences
s. 46(1) Application for issue of agent’s
licence —
for one year or less* ……………... 370 for 3 years ……………………….. 390
s. 46(1) Application by licensee for an
additional agent’s licence (each) ……. 150 s. 49(1)(c) Application for renewal of agent’s
licence — 3 year (each) …………….. 205 Other licences s. 46(1) Application for issue of any other
licence —
for one year or less ………………. 129 for 3 years ……………………….. 150
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Provision of Act Subject matter Fee ($) or regulations Column 1 Column 2 Column 3
s. 46(1) Application by licensee for an
additional other licence (each) ……… 95 s. 49(1)(c) Application for renewal of any other
licence — 3 year (each) …………….. 119 r. 10 Application for endorsement under
section 24 …………………………… 30 r. 12 Application for permit under
section 25 …………………………… 119 r. 13 Application for endorsement under
section 26 …………………………… 30 Miscellaneous s. 10(2)
Application to inspect register ……… 30 s. 10(3)
Certified copy of register entry ……... 30 s. 46(1) Fee if fingerprints and palm prints are
required under section 48 …………… 88 s. 66 Issue of duplicate licence or duplicate
identification card …………………... 19 ”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council. ———————————
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