Security and Related Activities (Control) Amendment Regulations 2022 (WA)

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5896 GOVERNMENT GAZETTE, WA 16 December 2022

POLICE

PO301

Security and Related Activities (Control) Act 1996

Security and Related Activities (Control)

Amendment Regulations 2022

SL 2022/211

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Security and Related Activities
(Control) Amendment Regulations 2022.

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) delete the definition of business and insert:

business, in relation to a security agent, crowd control

agent or inquiry agent, means —

(a) if the agent’s licence is held on behalf of a
partnership or body corporate, the business of
the partnership or body corporate; or
(b) otherwise, the business of the agent;

5.             Schedule 1 amended

Delete the reference after the heading to Schedule 1 and insert:

[r. 21]

16 December 2022 GOVERNMENT GAZETTE, WA 5897

6.             Schedule 1 clause 1A inserted

At the beginning of Schedule 1 Division 1 insert:

1A. Term used: business activity
In this Division —
business activity means an activity authorised by a security
officer’s licence that the security officer performs for a
security agent’s business.

7.             Schedule 1 clause 2 replaced

Delete Schedule 1 clause 2 and insert:

2.              Uniforms to be worn by security officers

(1) A security agent must ensure that a security officer wears a
uniform of a type approved by the Commissioner at all
times while the officer is performing a business activity for
the agent’s business.
(2) Subclause (1) does not apply in relation to —
(a) a security officer who is engaged in loss prevention activities in a retail store; or
(b)

a security officer who is engaged in escort duties if require the security officer to wear clothes other than a uniform of a type approved by the Commissioner.

(3) A security agent must ensure that a security officer referred
to in subclause (2)(a) or (b) does not wear clothes that are
confusingly similar to a uniform in use by a police force.

8.             Schedule 1 clause 3 amended

In Schedule 1 clause 3:

(a) after “A” insert:

security agent must ensure that a

(b) delete “licensed activities for a business must not be” and

insert:

a business activity for the agent’s business is not

5898 GOVERNMENT GAZETTE, WA 16 December 2022

9.             Schedule 1 clause 4A amended

In Schedule 1 clause 4A(1):

(a) delete “A security officer must not use a” and insert:
A security agent must ensure that a security officer does not
use a guard
(b) delete “any licensed activity for the business” and insert:

a business activity for the agent’s business

Note: The heading to amended Schedule 1 clause 4A is to read:

Guard dogs not to be used without training

10.           Schedule 1 clause 4 amended

(1) In Schedule 1 clause 4(1):
(a) delete the passage that begins with “A” and ends with

“unless —” and insert:

A security agent must ensure that a security officer is not in
possession of a firearm while the officer is performing a

business activity for the agent’s business unless —

(b) in paragraph (b) delete “organization which holds a licence,

permit or approval,” and insert:

organisation which holds a licence,

(c) in paragraph (c)(ii) delete “applies.” and insert:

applies;

(d) after paragraph (c) insert:

and

(d)

the security officer satisfies the condition in clause 11(1).

(2) In Schedule 1 clause 4(2):
(a) delete the passage that begins with “A” and ends with

“unless —” and insert:

A security agent must ensure that a security officer is not in
possession of a baton while the officer is performing a
business activity for the agent’s business unless —
16 December 2022 GOVERNMENT GAZETTE, WA 5899
(b) in paragraph (b) delete “section 26(2)(b).” and insert:

section 26(2)(b); and

(c) after paragraph (b) insert:

(c)

the security officer satisfies the condition in clause 11(2).

(3) Delete Schedule 1 clause 4(3) and insert:
(3) A security agent must ensure that a security officer is not in
possession of any other weapon while the officer is

performing a business activity for the agent’s business.

11.           Schedule 1 clause 5 amended

(1) In Schedule 1 clause 5(1) delete “A firearm used in the business
must be” and insert:
A security agent must ensure that a firearm for use in connection with
the agent’s business is
(2) In Schedule 1 clause 5(2) delete “This condition does not prevent a
firearm used in the business” and insert:
Subclause (1) does not prevent a firearm for use in connection with
the agent’s business

12.           Schedule 1 clause 6 deleted

Delete Schedule 1 clause 6.

13.           Schedule 1 clause 7 amended

(1) In Schedule 1 clause 7(1):
(a) delete “activity for a business,” and insert:

activity,

(b) delete “that is”.
(2) In Schedule 1 clause 7(2) and (3) delete “This condition” and
insert:
Subclause (1)
5900 GOVERNMENT GAZETTE, WA 16 December 2022
(3) In Schedule 1 clause 7(3)(b):
(a) delete the passage that beings with “if ” and ends with

“that” (2nd occurrence) and insert:

to a security officer who is engaged in escort duties if a
licensing officer is satisfied that the circumstances
(b) delete “that is”.
(4) In Schedule 1 clause 7(4) delete the passage that begins with
“A” and ends with “is” and insert:
A security officer referred to in subclause (3)(a) or (b) must not wear
clothes that are

14.           Schedule 1 clause 8 amended

In Schedule 1 clause 8 delete “licensed activities for a business”

and insert:

a licensed activity

15.           Schedule 1 clause 11A amended

In Schedule 1 clause 11A(1):

(a) before “dog” (1st occurrence) insert:

guard

(b) delete “any” and insert:

a

Note: The heading to amended Schedule 1 clause 11A is to read:

Guard dogs not to be used without training

16.           Schedule 1 clause 11 replaced

Delete Schedule 1 clause 11 and insert:

11.            Periodic weapons training

(1) A security officer whose licence is endorsed under
section 24 must successfully complete a training course in
firearms discharge within the period of 12 months beginning
on the day on which the officer last successfully completed
a training course in firearms discharge.
16 December 2022 GOVERNMENT GAZETTE, WA 5901
(2) A security officer whose licence is endorsed under
section 26 must successfully complete an approved training
course in baton use within the period of 12 months
beginning on the day on which the officer last successfully
completed an approved training course in baton use.

N. HAGLEY, Clerk of the Executive Council.

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