Security Industry Amendment (Licences) Regulation 2015 (NSW)

New South Wales

Security Industry Amendment (Licences)

Regulation 2015

under the

Security Industry Act 1997

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Security Industry Act 1997.

STUART AYRES, MP

Minister for Police and Emergency Services

Explanatory note
The objects of this Regulation are:

(a)	to require the holder of a master licence to keep a copy of the licence, an incident register and a sign-on register at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry out security activities, and to require such class 1 licensees to complete the sign-on register, and
(b)	to omit a requirement for each holder of a master licence to keep a separate incident register if more than one master licensee is providing security activities on the same premises, and
(c)	to make provision for the keeping by the Commissioner of Police of a register of licences issued under the Act and the particulars to be contained in the register.

This Regulation is made under the Security Industry Act 1997, including section 48 (the general regulation-making power).

Security Industry Amendment (Licences) Regulation 2015

under the

Security Industry Act 1997

1      Name of Regulation

This Regulation is the Security Industry Amendment (Licences) Regulation 2015.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Security Industry Regulation 2007

[1]      Clauses 36A (b) and 37 (3) (b)

Insert at the end of the paragraphs:

, and

(c) at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry out security services (other than mobile patrol and cash in transit services).

[2]      Clause 37 Incident registers

Omit clause 37 (5).

[3]      Clause 37A Sign-on register

Omit clause 37A (2) and (3). Insert instead:

(2)

If the holder of a master licence provides 3 or more class 1 licensees at any one time to carry out security services at particular premises (other than mobile patrol and cash in transit services), it is a condition of the master licence that the holder must keep a sign-on register in a manner and form approved by the Commissioner that records, for each day on which the provided class 1 licensees carry on security activities at those premises, the particulars referred to in subclause (1) (a)–(d).

(3)

If the holder of a class 1 licence (the relevant person) is provided by a master
licensee to carry on security activities:

(a)	at particular premises at which the master licensee provides holders of class 1 licences to carry out security services on a recurrent basis, or
(b)	at particular premises at which the master licensee provides 3 or more class 1 licensees at any one time to carry out security services,

(other than mobile patrol and cash in transit services), it is a condition of the licence held by the relevant person that, on each day the relevant person carries on security activities at those premises, he or she completes in the approved manner the sign-on register kept by the master licensee at those premises before commencing, and immediately following ceasing, the carrying on of security activities.

[4]      Clause 45A

Insert after clause 45:

45A Register

(1)

The Commissioner is to maintain a register of licences issued under the Act and is to enter and keep in the register the following particulars in relation to each licence:

(a)	the name, and Australian Business Number (if any), of the person to whom the licence is issued,
(b)	the nominated person for the licence (if any), as referred to in clause 13 (3) (c) and (4) (c),
(c)	the number of the licence,
(d)	the class or subclass of the licence,
(e)	the date of expiry of the licence,
(f)	the current status of the licence,
(g)	such other particulars as the Commissioner considers appropriate.

(2)

The register is to be made available for public inspection on the internet
website of the Commissioner.

(3)

The Commissioner may cause any error in or omission from the register to be
corrected.