Security and Related Activities (Control) Amendment Regulations 2016 (WA)

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WESTERN	3243
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X (print) ISSN 2204-4264 (online)

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PERTH, FRIDAY, 29 JULY 2016 No. 139 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM

© STATE OF WESTERN AUSTRALIA

Security and Related Activities (Control) Act 1996

Security and Related Activities (Control)

Amendment Regulations 2016

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Security and Related Activities
(Control) Amendment Regulations 2016.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Security and Related Activities
(Control) Regulations 1997.

4.             Regulation 3 amended

In regulation 3(1) insert in alphabetical order:

responsible police division means the division of the Police Force of Western Australia that is for the time being responsible for the implementation and

enforcement of the Act;

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Superintendent means the police officer of the rank of Superintendent or acting at the rank of Superintendent who is in charge of the responsible police division;

5.             Regulation 4A amended

In regulation 4A:

(a) delete “the Commissioner” (each occurrence) and insert:

the Commissioner, the Superintendent

(b) delete “to the offices of the Licensing Enforcement

Division, Western Australia Police, 297 Hay Street, East

Perth.” and insert:

to the offices of the responsible police division at 303 Sevenoaks Street, Cannington WA 6107 or to Locked Bag 9, East Perth WA 6892.

Note: The heading to amended regulation 4A is to read:

Method of giving things to Commissioner, Superintendent or
licensing officer

6.             Regulation 14 amended

In regulation 14:

(a) in paragraph (a) after “at Perth,” insert:

(GPO),

(b)	after paragraph (a) insert:
(ab) if the applicant resides beyond 50 km of the GPO but is undertaking a course of training

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prescribed in respect of the licence at a location
within 50 km of the GPO, with a licensing
officer; or

7.             Regulation 14A amended

After regulation 14A(2) insert:

(2A)	The Superintendent may, by giving written notice to the approved training provider, cancel an approval given under subregulation (1), but the cancellation is
not effective unless the Superintendent —

(a) of the intention to cancel the approval stating
the grounds on which the cancellation is
intended and allowing the training provider

has given to the training provider written notice and

(b) has had due regard to any response to the notice made within that time.

8.             Regulation 16 amended

(1) In regulation 16(1):

(a) in paragraph (f) delete “locksmithing.” and insert:

locksmithing;

(b)	after paragraph (f) insert:
(g) a Class 2 security consultant’s licence, an

approved training course in technical security;

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(h) a Class 2 security installer’s licence, an

approved training course in technical security.

(2)	After regulation 16(1) insert:
(1A)	The training courses prescribed under subregulation (1)(a) and (b) do not apply in respect of a
security officer’s licence to the extent that the
applicant, if issued with the licence, will be undertaking monitoring duties only (e.g. duties involving the monitoring of surveillance or signalling equipment in a security control room).

9.             Regulation 17 amended

(1)	Delete regulation 17(1) and insert:
(1) For the purposes of sections 47(1)(f)(ii) and

52(1)(g)(ii), a written examination on AS 2804 —

Installation of Security Screen Doors is prescribed in

respect of a Class 3 security consultant’s licence and a

Class 3 security installer’s licence.

(2)	After regulation 17(2) insert:
(2A)	For the purposes of sections 47(1)(f)(ii) and
52(1)(g)(ii) —

(a) a written examination on watching, guarding and protecting property is prescribed for a

security officer’s licence; and

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(b) a written examination on crowd control

activities is prescribed for a crowd controller’s

licence.

(3)	Delete regulation 17(3) and insert:
(3) In this regulation —

written examination means a written examination —

(a) set by the Superintendent or by a course provider approved under regulation 16(3) to

test the applicant’s knowledge of the relevant

subject matter; and

(b) administered by the person to whom the application for the issue of the relevant licence is made under regulation 14 or, in the case of a written examination set by a course provider approved under regulation 16(3), by that course provider.

10.           Regulation 24 amended

In regulation 24 delete paragraph (b) and insert:

(b) an offence under the laws of the Commonwealth, another State or a Territory or of another country which, regardless of where it was committed, would have constituted an offence described in Schedule 2.

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11.           Regulation 40 amended

(1) In regulation 40(2) delete the Penalty and insert:

Penalty for this subregulation: a fine of $2 000.

(2)	After regulation 40(2) insert:
(2A)	Subregulations (1) and (2) do not apply if the details of an incident that would otherwise have to be recorded in the register in accordance with those subregulations are already recorded in the register of incidents maintained at licensed premises under the Liquor Control Act 1988 section 116A.

12.           Regulations 58 and 59 inserted

At the end of Part 8 insert:

58.           Prescribed offences and modified penalties

(1)	The offences specified in Schedule 5 are prescribed as offences for which an infringement notice may be given under section 88A.
(2)	The modified penalty specified opposite an offence in Schedule 5 is the modified penalty for that offence for the purposes of section 88A(3) and (5).

59.           Forms

The forms set out in Schedule 6 are prescribed in
relation to the matters specified in those forms.

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13.           Schedule 1 clause 4A amended

In Schedule 1 delete clause 4A(2).

14.           Schedule 1 clause 11B amended

In Schedule 1 delete clause 11B(2).

15.           Schedule 1 clause 19A amended

In Schedule 1 delete clause 19A(2).

16.           Schedule 2 amended

(1)	In Schedule 2 Division 1 in the item relating to The Criminal
Code delete “s. 172”.
(2)	In Schedule 2 Division 2 in the item relating to The Criminal Code insert in numerical order:
s. 172

17.           Schedules 5 and 6 inserted

After Schedule 4 insert:

Schedule 5 — Prescribed offences and modified penalties

for infringement notices

[r. 58]

Division 1 — Offences under the Act

Item Section Offence Modified penalty

($)

1	s. 15	Acting as a security agent
without a licence 500

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Item Section Offence Modified penalty

($)

2	s. 16	Acting as a security officer
without a licence 500
3	s. 17(1) or (2)	Acting as a security
consultant without a licence 500
4	s. 18(1) or (2)	Acting as a security installer
without a licence 500
5	s. 18A	Acting as a security
bodyguard without a licence 500
6	s. 19(1)	Acting as a security officer,
etc., while not in the
employment of a security
agent 500
7	s. 20(1) or (2)	Employing an unlicensed
person as a security officer,
etc. 500
8	s. 21(1)	Advertising or holding out to
be willing to supply the
services of a security officer,
security consultant, security
installer or security
bodyguard while not being a
holder of a security agent’s
licence 500
9	s. 23	Possessing a firearm without
an endorsement on security
officer’s licence authorising
possession 500
10	s. 29	Acting as an inquiry agent
without a licence 500
11	s. 30	Acting as an investigator
without a licence 500

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Item Section Offence Modified penalty

($)

12	s. 31(1)	Acting as a licensed
investigator while not in the
employment of an inquiry
agent 500
13	s. 32	Employing a person as an
investigator who does not
hold an investigator’s licence 500
14	s. 33(1)	Advertising or holding out to
be willing to supply the
services of an investigator
while not being a holder of
an inquiry agent’s licence 500
15	s. 36	Acting as a crowd control
agent without a licence 500
16	s. 37	Acting as a crowd controller
without a licence 500
17	s. 38(1)	Acting as a crowd controller
while not in the employment
of a crowd control agent 500
18	s. 39	Employing a person as a
crowd controller who does
not hold a crowd controller’s
licence 500
19	s. 40(1)	Advertising or holding out to
be willing to supply the
services of a crowd controller
while not being a holder of a
crowd control agent’s licence 500

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Item Section Offence Modified penalty

($)

20	s. 41(1)	Acting as an armed security
bodyguard while not
authorised to do so 500
21	s. 64	Failing to comply with a
condition or restriction
attached to a licence 500
22	s. 67B	Failing to comply with
licensing officer’s directions
for the return of licence and
identity card 400
23	s. 68(2b)	Failing to comply with
licensing officer’s directions
for the return of licence and
identity card 400
24	s. 75	Failing to produce licence for
inspection 400
25	s. 76	Failing to return licence and
identity card when licence
has expired, terminated or
been surrendered 400
26	s. 77(1)	Failing to give notice of
change of business address 400
27	s. 77(2)	Failing to give notice of
change of residential address 400
28	s. 77A(1)	Failing to give notice of
being charged or found guilty
of disqualifying offence 400
29	s. 78(1)(a) or (c)	Failing to keep records 500
30	s. 78(2)	Failing to notify licensing
officer of address where
records are kept 400

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Item Section Offence Modified penalty

($)

31	s. 79	Disposing of a licence or
identity card to another
person or permitting another
person to use licence or
identity card 500
32	s. 79A(2)	Employing an unlicensed
person or a person whose
licence has been refused,
suspended or revoked 500
33	s. 84(a) or (c)	Failing to keep records 500
34	s. 85(4)	Refusing or failing to comply
with a requirement or
providing false or misleading
information 400
35	s. 93A(2)	Refusing or failing to comply
with requirement to provide
name and address of agent 400

Division 2 — Offence under these regulations

Item Regulation Offence Modified penalty

($)

1	r. 40(2)	Failing to record details in
incident register 400
2	r. 48A(1)	Failing to produce identity
card when giving blood or
urine sample under direction 400

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Schedule 6 — Forms

[r. 59]

Form 1 — Infringement notice

Security and Related Activities (Control) Act 1996

Security and Related Activities (Control) Regulations 1997

Infringement notice

Alleged	Name: Surname
offender

Given names

Address _______________________________________

Postcode

Details of	Description of offence ____________________________
alleged offence
Security and Related Activities (Control) Act 1996 s. [ ].
Security and Related Activities (Control)
Regulations 1997 r. [ ]
Date / /20 Time
Place
Officer	Name
issuing notice
Signature
Office

Date of notice / /20

Modified	$ [ ]
penalty
Penalty	$ [ ]
You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court
and convicted of an offence.

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Notice to	It is alleged that you have committed the above offence.
alleged
If you do not want to be prosecuted in court for the
offender
alleged offence, pay the modified penalty within 28 days after the date of this notice. See below for how and where
to pay the modified penalty.
Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal
court case.
If you do not pay the modified penalty within 28 days, you may be prosecuted in court for the alleged offence or enforcement action may be taken under the Fines,
Penalties and Infringement Notices Enforcement
Act 1994. Under that Act, some or all of the following
action may be taken — your driver’s licence may be
suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number
plates removed; and your property may be seized and sold.
If you need more time to pay the modified penalty, you
should contact the designated person at the address below.
If you want this matter to be dealt with by prosecution
in court, sign and date here:
__________________________________ / /20 and post this notice to the designated person at the address
below within 28 days after the date of this notice.
If you are prosecuted in a court for the alleged offence,
and convicted, you will be liable to a penalty and costs.
If you consider that you have good reason to have this notice withdrawn, you can write to the designated person at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received
not later than 28 days after the date of this notice.

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How to pay	In person	[Details for paying in person]
the modified
penalty
By post	Post this notice, with a cheque or money order made payable to [payee], to:
Western Australia Police 303 Sevenoaks Street Cannington WA 6107
or
Locked Bag 9, East Perth WA 6892
Do not send cash in the mail.
Online	[Details for online payments]
By telephone	[Details for telephone payments]

Form 2 — Withdrawal of infringement notice

Security and Related Activities (Control) Act 1996

Security and Related Activities (Control) Regulations 1997

Withdrawal of infringement notice

Alleged	Name: Surname
offender

Given names

Address _______________________________________

Postcode

Infringement	Infringement notice no.
notice
Date of notice / /20
Alleged	Description of offence ____________________________
offence

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Security and Related Activities (Control) Act 1996 s. [ ].

Security and Related Activities (Control)

Regulations 1997 r. [ ]

Date	/	/20	Time
Place

Officer	Name
withdrawing
Signature
notice
Office

Date of	/	/20
withdrawal

Withdrawal	The above infringement notice, which was issued for the
of	above alleged offence, has been withdrawn.
infringement
If you have already paid the modified penalty for the
notice
alleged offence in accordance with the infringement
notice, the amount will be refunded to you.

18.           References to “Commissioner” amended

In the provisions listed in the Table delete “Commissioner”

(each occurrence) and insert:

Superintendent

Table

r. 3(3)	r. 14A(1), (2)(c)
r. 14A(2)(c)	r. 16(2), (3), (4) and (5)

N. HAGLEY, Clerk of the Executive Council.