Security Industry Amendment Act 2010 (ACT)

Security Industry Amendment Act 2010

A2010-33

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Security Industry Act 2003

1. Legislation amended—pt 2  3

2. General suitability criteria

   
   

   New section 21 (1) (a) (iia)  3

3. New section 21A  3

4. Regulation-making power

   
   

   New section 52 (2) (f) (ia)  3

5. Dictionary, note 2  4

6. Dictionary, new definition of employee organisation  4

7. Dictionary, new definition of workplace information  4

Part 3Security Industry Regulation 2003

1. Legislation amended—pt 3  5

2. New section 2  5

3. Prescribed security activity—Act, s 7 (1) (e)

   
   

   Section 4 (2)  5

4. Exempt people—Act, s 9

   
   

   Section 6 (1) (b), note  5

5. Section 6 (1) (f), note  5

6. Prescribed information to accompany licence application—Act, s 17 (3)

   
   

   Section 7  6

7. Conditions for certain master licences—Act, s 21 (1) (a)

   
   

   Section 7A  6

8. New sections 7A and 7B  6

9. New section 9B  7

10. New dictionary  7

Security Industry Amendment Act 2010

A2010-33

An Act to amend the Security Industry Act 2003, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Security Industry Amendment Act 2010.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2Security Industry Act 2003

1. Legislation amended—pt 2

   This part amends the Security Industry Act 2003.

2. General suitability criteria
   New section 21 (1) (a) (iia)

   insert

   (iia)for an application for an employee licence to do 1 or more of the things mentioned in section 13 (1) (a), (b) or (d)—an employee organisation has given the applicant the information prescribed by regulation in relation to workplace rights and responsibilities (workplace information); and

3. New section 21A

   insert

21AReview of workplace information criterion

(1)The Minister must review the operation of section 21 (1) (a) (iia), and present a report of the review to the Legislative Assembly, as soon as practicable after the end of its 1st year of operation.

(2)This section expires 2 years after the day it commences.

1. Regulation-making power
   New section 52 (2) (f) (ia)

   insert

   (ia)the giving of workplace information;

2. Dictionary, note 2

   insert

   ·     commissioner for fair trading

3. Dictionary, new definition of employee organisation

   insert

   employee organisation means an organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth).

   NoteA reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

4. Dictionary, new definition of workplace information

   insert

   workplace information—see section 21 (1) (a) (iia).

Part 3Security Industry Regulation 2003

1. Legislation amended—pt 3

   This part amends the Security Industry Regulation 2003.

2. New section 2

   insert

3. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4. Prescribed security activity—Act, s 7 (1) (e)
   Section 4 (2)

   omit

5. Exempt people—Act, s 9
   Section 6 (1) (b), note

   omit

6. Section 6 (1) (f), note

   omit

7. Prescribed information to accompany licence application—Act, s 17 (3)
   Section 7

   omit

   section 7A

   substitute

   section 9A

8. Conditions for certain master licences—Act, s 21 (1) (a)
   Section 7A

   relocate in part 3 as section 9A

9. New sections 7A and 7B

   insert

7AInformation to accompany certain employee licence applications—Act, s 17 (3) (b)

An application for an employee licence to do 1 or more of the things mentioned in the Act, section 13 (1) (a), (b) or (d) must be accompanied by a certificate from an employee organisation stating that the applicant has been given workplace information at an information session provided by the organisation.

7BCertificate from employee organisation

If a person has been given workplace information at an information session provided by an employee organisation, the organisation must give the person a certificate to that effect.

1. New section 9B

   in part 3, insert

9BWorkplace information—Act, s 21 (1) (a) (iia)

Information in relation to workplace rights and responsibilities under laws in force in the territory that is relevant to people working in the security industry is prescribed.

Examples

·     minimum wages and employment conditions

·     employment agreements

·     termination of employment agreements

·     workplace safety

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1. New dictionary

   insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     chief officer (fire brigade)

·     chief officer (rural fire service)

·     commissioner for fair trading

·     corrections officer

·     person (see s 160)

·     police officer

·     public servant.

Note 3Terms used in this regulation have the same meaning that they have in the Security Industry Act 2003 (see Legislation Act, s 148). For example, the following terms are defined in the Security Industry Act 2003, dict:

·     employee organisation

·     licence

·     licensee

·     master licence (see s 12)

·     security equipment (see s 8)

·     trainer licence (see s 14)

·     workplace information.

security consultant—see the Act, section 13 (2).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 24 June 2010.

2. Notification

   Notified under the Legislation Act on 2 September 2010.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Security Industry Amendment Bill 2010, which was passed by the Legislative Assembly on 24 August 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010