Security and Related Activities (Control) Amendment Regulations (No. 3) 2006 (WA)

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3 October 2006 GOVERNMENT GAZETTE, WA 4343

P0301*

Security and Related Activities (Control) Act 1996

Security and Related Activities (Control)

Amendment Regulations (No. 3) 2006

Made by the Governor in Executive Council.

(a) after the definition of "section" by deleting the full stop and inserting a semicolon instead;

1.            Citation

These regulations are the Security and Related Activities
(Control) Amendment Regulations (No. 3) 2006.

2.            The regulations amended

The amendments in these regulations are to the Security and
Related Activities (Control) Regulations 1997*.
[* Reprint 3 as at 4 November 2005.

For amendments to7 July 2006 see Gazette 13 and 28 April and 27 June 2006.]

3.            Regulation 3 amended

(1) Regulation 3(1) is amended as follows:

4344 GOVERNMENT GAZETTE, WA :3 October 2006

(b) by inserting in the appropriate alphabetical position

46

"training course in firearms discharge" means a

training course of a type set Out in

subregulation (3).

(2) After regulation 3(2) the following subregulation is inserted -

"

(3) A training course in firearms discharge is a training

course involving -

(a) elements of firearm safety; and
(b) training in the use of force; and

(c)

a course of firing of firearms at targets set at various distances,

that has been approved by the Commissioner and that
is conducted by training providers who are approved in
accordance with regulation 14A.

4.            Regulation 10 amended

Regulation 10 is amended as follows:

(a) after paragraph (a) by inserting "and";
(b) before paragraph (b) by inserting -

"

(ab) evidence that (within the previous 6 months)

the applicant has successfully completed a training course in firearms discharge; and

5.            Regulation 12 amended

Regulation 12 is amended as follows:
(a) after paragraph (a) by inserting "and";
(b) before paragraph (b) by inserting -

(ab) evidence that (within the previous 6 months)

the applicant has successfully completed a training course in firearms discharge; and

6.            Regulation 14A inserted

After regulation 14 the following regulation is inserted

33  

14A. Approval of providers of training course in firearms
discharge

(1) The Commissioner may approve of a person as a

provider of a training course in firearms discharge if

3 October 2006 GOVERNMENT GAZETTE, WA 4345

the Commissioner is satisfied that the person, and each
other person who is or will be involved in providing
that training, is a fit and proper person to be providing

that training course.

(2) An approval under subregulation (1) -

(a) is to be given in writing; and

(b)

is subject to the conditions in subregulations (3) and (4); and

(c)

may be subject to such conditions and restrictions (including as to its duration) as the Commissioner thinks fit.

(3) An approved training provider is to keep a record of

attendance, showing the competence of each attendee,
for each training course in firearms discharge

conducted by that provider.

(4) As soon as practicable after conducting a training

course and, in any case, no later than 7 days after that
course, an approved training provider must provide the

records kept under subregulation (3) -

(a) to a licensing officer; or
(b) where the attendee is an endorsed security officer, to a licensing officer and to the agent or agents that employ the security officer.

7.            Regulation 16A inserted

After regulation 16 the following regulation is inserted -

16A. Records required when baton training undertaken
(1) An approval under regulation 16(2) or (3) involving
training that includes the use of a baton is subject to the
conditions in subregulations (2) and (3).
(2) An approved training provider is to keep a record of
attendance, showing the competence of each attendee,
for each approved training course that includes the use
of a baton conducted by that provider.
(3) As soon as practicable after conducting an approved
training course that includes the use of a baton and, in
any case, no later than 7 days after that course, an
approved training provider must provide the records
kept under subregulation (2) to a licensing officer and
to any agents that employ the security officer. ,,
4346 GOVERNMENT GAZETTE, WA 3 October 2006

8.            Regulation 21 replaced

Regulation 21 is repealed and the following regulation is inserted instead -

21. Prescribed conditions and restrictions on licences
and endorsements

For the purposes of section 63 the conditions and restrictions set Out in Schedule 1 are taken to be attached to licences or endorsements as follows -

(a) those in Division 1, to all security agent's licences;
(b) those in Division 2, to all security officer's licences;
(c) those in Division 2A, to all endorsements of a security officer's licence, but not the licence itself;
(d) those in Division 3, to all inquiry agent's licences;
(e) those in Division 4, to all crowd control agent's licences;
(f) those in Division 5, to all crowd controller's licences.

9.            Regulation 38 amended

(1) Regulation 38 is amended before "A security" by inserting the
subregulation designation "(1)".
(2) At the end of the regulation by inserting the following
subregulation -

"

(2) A security agent's general records must include any

records received from -

(a)

an approved provider of a training course in firearms discharge; and

(b)

an approved provider of an approved training course that includes the use of a baton,

that relate to a security officer whose licence is
endorsed under section 24 or section 26 and who has
performed licensed activities for the business within
the last 3 years.

10.          Schedule 1 amended

(1) Schedule 1 item 6 is amended by deleting subitem (1) and
inserting the following subitem instead -

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(1) A security officer whose licence is endorsed under

section 24 must not be in possession of a firearm while

3 October 2006 GOVERNMENT GAZETTE, WA 4347

performing any licensed activity for the business unless he or she successfully completes a training course in firearms discharge, at least once in every 6 months, commencing on the day on which the endorsement was issued.

I,

(2) Schedule 1 is amended before item 11 by inserting the
following Division heading —

44

Division 2A — Security officer's licence endorsement

(3) Schedule 1 item 11 is amended by deleting subitem (1) and
inserting the following subitem instead -

44

(1) A security officer whose licence is endorsed under

section 24 must successfully complete an approved training
course in firearms discharge, at least once in every
6 months, commencing on the day on which the

endorsement was issued.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

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