Security Industry Amendment Act 2008 (NSW)

An Act to amend the Security Industry Act 1997 to provide for visitor permits and to make further provision with respect to the regulation of persons in the security industry; and for other purposes.

1Name of Act

This Act is the Security Industry Amendment Act 2008.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Security Industry Act 1997 No 157

The Security Industry Act 1997 is amended as set out in Schedule 1.

4Other amendments

The Act and regulation specified in Schedule 2 are amended as set out in that Schedule.

5Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Security Industry Act 1997

(Section 3)

[1]Section 3 Definitions

Insert in alphabetical order in section 3 (1):

visitor permit means a visitor permit in force under this Act.

[2]Section 7 Offence of carrying on unauthorised security activities

Insert at the end of the section:

(3)

The holder of a visitor permit does not commit an offence under this section while acting under and in accordance with the authority conferred by the visitor permit.

[3]Section 10 Master licences

Insert “or is a corporation holding a visitor permit authorising its holder to carry on security activities of a kind authorised by a master licence” after “a master licence” in section 10 (3).

[4]

(Repealed)

[5]Section 23D

Insert after section 23C:

23DSpecial conditions—dog handling security services(1)

It is a condition of every master licence that the master licensee must not employ any person to provide dog handling security services unless the master licensee is approved to provide such services.

(2)

It is a condition of every class P1D licence that the licensee must, before carrying on any security activity authorised by the licence, successfully complete approved training provided by the licensee’s employer (being a master licensee approved to provide dog handling security services).

(3)

The Commissioner must revoke a class P1D licence if the Commissioner is satisfied that the licensee has failed to comply with a condition under this section.

[6]Section 29B Certain licensees must be employed by other licensees or visitor permit holders

Insert “or the holder of a visitor permit authorising the holder to carry out security activities of a kind authorised by a master licence” after “master licensee” in section 29B (1) (a).

[7]Section 29B (2)

Insert “or the holder of a visitor permit authorising the holder to carry out security activities of a kind authorised by a master licence” after “master licensee” in section 29B (2).

[8]Part 3A

Insert after Part 3:

Part 3AVisitor permits39CSpecial events(1)

The Commissioner may, by order published on the website maintained by the Security Industry Registry within the NSW Police Force, declare any event or class of events that the Commissioner considers to be of regional, State or national significance to be a special event for the purposes of this Part.

(2)

For the purposes of this section, the period of a special event includes such periods immediately before or after a special event as the Commissioner considers necessary.

39DVisitor permits(1)

A person may apply to the Commissioner for the grant of a visitor permit to carry on one or more kinds of security activity specified in the application during the period of one or more special events so specified or an event described in the application that the applicant requests be declared to be a special event (referred to in this Part as a proposed special event).

(2)

The application must be in the approved form and be accompanied by the fee, and information and particulars, prescribed by the regulations.

(3)

The applicant must supply evidence to the Commissioner’s satisfaction of the following requirements (referred to in this Part as the visitor permit eligibility requirements):

• (a)

  if the applicant is an individual—that the applicant:

  • (i)

    is ordinarily resident in another State or Territory, and

  • (ii)

    is licensed or otherwise authorised in that State or Territory to carry on the activity or activities of the kind proposed to be authorised by the visitor permit,

• (b)

  if the applicant is a corporation—that:

  • (i)

    the applicant’s registered office and, if the address of that office is not the address of its principal place of business, its principal place of business is in another State or Territory, and

  • (ii)

    the applicant is licensed or otherwise authorised in that State or Territory to carry on the activity or activities of the kind proposed to be authorised by the visitor permit.

(4)

The Commissioner may require the applicant to verify any relevant information by a statutory declaration or to provide proof of identity (or both) and may require the applicant to provide additional information or particulars.

(5)

The Commissioner may carry out all such investigations and enquiries as the Commissioner considers necessary to enable the Commissioner to consider the application properly.

(6)

Without limiting subsection (5), the Commissioner may have regard to any criminal intelligence report or other criminal information held (whether in this State or elsewhere) in relation to the applicant.

(7)

Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a visitor permit.

39EGrant and authority conferred by visitor permit(1)

The Commissioner may, after considering an application for a visitor permit:

• (a)

  grant the permit, or

• (b)

  refuse to grant the permit.

(2)

The Commissioner may refuse to grant a visitor permit if:

• (a)

  the applicant fails to supply evidence to the Commissioner’s satisfaction that the applicant satisfies the visitor permit eligibility requirements or any additional information or particulars required under section 39D (4), or

• (b)

  the Commissioner is satisfied that the applicant is not a fit and proper person to hold a visitor permit, or

• (c)

  where the event to which the application relates is a proposed special event—the Commissioner refuses to declare the event to be a special event, or

• (d)

  the Commissioner considers that the special event or proposed special event to which the application relates does not warrant or require provision of security activities of the kind specified in the application.

(3)

A visitor permit is to be in a form approved by the Commissioner.

(4)

A visitor permit authorises the holder of the permit to carry on each kind of security activity specified in the permit during the period of each special event specified in the permit.

(5)

A visitor permit is subject:

• (a)

  to such conditions as may be imposed by the Commissioner (whether at the time the permit is granted or at any later time), and

• (b)

  to such other conditions as are imposed by this Act or prescribed by the regulations.

39FContravention of visitor permit conditions

A holder of a visitor permit must not contravene any condition of the visitor permit.

Maximum penalty:

• (a)

  in the case of a corporation—200 penalty units, or

• (b)

  in the case of an individual—100 penalty units or imprisonment for 6 months, or both.

39GRevocation of visitor permit

The Commissioner may revoke a visitor permit:

• (a)

  if the permit was granted on the basis of false or misleading information, or

• (b)

  if the holder of the permit contravenes a condition of the permit, or

• (c)

  if the holder of the permit ceases to satisfy the visitor permit eligibility requirements, or

• (d)

  for any other reason prescribed by the regulations.

39HVisitor permit to be produced on demand

The holder of a visitor permit must produce the visitor permit for inspection on demand by:

• (a)

  a police officer or any other member of the NSW Police Force, or

• (b)

  any person with whom the holder has dealings when carrying on a security activity.

Maximum penalty: 50 penalty units.

[9]Section 41 Payment of fees charged by unauthorised persons

Insert “or visitor permit” after “licence” in section 41 (1).

[10]Section 48 Regulations

Insert after section 48 (2) (i):

(j)

any matter relating to visitor permits.

[11]

(Repealed)

[12]Schedule 2, Part 5

Insert after clause 16 of Schedule 2:

Part 5Provisions consequent on enactment of Security Industry Amendment Act 200817Definition

In this Part, amending Act means the Security Industry Amendment Act 2008.

18Special condition—class P1D licences(1)

Section 23D (2), as inserted by the amending Act, extends to a licence in force immediately before the commencement of the insertion as if it required the licensee to successfully complete the approved training referred to in that section within such period after the commencement as is determined by the Commissioner and notified to the licensee.

(2)

Section 23D (3) does not operate to require the Commissioner to revoke a licence referred to in subclause (1) unless the licensee fails to successfully complete the approved training within the period determined by the Commissioner.

19Applications for licences

Section 14 (6), as inserted by the amending Act, does not apply to or in respect of an application for a licence that was lodged but was not finally determined before the commencement of that subsection.

Schedule 2Other amendments

(Section 4)

Firearms Act 1996 No 46[1]Section 24 Revocation of licence

Insert “or a visitor permit authorising the licensee to carry out security activities of a kind authorised by a P1F licence” after “class P1F licence” in section 24 (1A) (b).

[2]Section 24 (1A) (b)

Insert “or visitor permit” after “the P1F licence”.

[3]Section 42A Inspections of storage of firearms held by security guard employers

Insert after section 42A (3):

(4)

A reference in this section to a master licensee under the Security Industry Act 1997 includes a reference to the holder of a visitor permit authorised under that Act to carry out security activities of a kind authorised by a master licence.

Security Industry Regulation 2007[1]

(Repealed)

[2]Part 3A

Insert after Part 3:

Part 3AVisitor permits38AFee to accompany permit application

For the purposes of section 39D (2) of the Act, the prescribed fee to accompany an application for a visitor permit is as follows:

• (a)

  if the applicant is an individual—$40,

• (b)

  if the applicant is a corporation—$100.

38BInformation and particulars to accompany permit application(1)

For the purposes of section 39D (2) of the Act, an application for a visitor permit that is made by an individual must include the following information:

• (a)

  the applicant’s name and residential address,

• (b)

  the applicant’s date of birth,

• (c)

  particulars of the licence or other authority in the applicant’s State or Territory of residence authorising the applicant to carry on the activity or activities of the kind proposed to be authorised by the visitor permit.

(2)

For the purposes of section 39D (2) of the Act, an application for a visitor permit that is made by a corporation must include the following information:

• (a)

  the name of the applicant,

• (b)

  the applicant’s Australian Business Number and Australian Company Number and each business name (within the meaning of the Business Names Act 2002) under which the applicant carries on business,

• (c)

  the address of the applicant’s registered office and, if that address is not the address of its principal place of business, the address of its principal place of business,

• (d)

  the security activities in respect of which the applicant proposes to carry on business under the visitor permit,

• (e)

  particulars of the licence or other authority of the other State or Territory authorising the corporation to carry on the activity or activities of the kind proposed to be authorised by the visitor permit.

[3]

(Repealed)