Security Industry Amendment (Private Investigators) Act 2016 (NSW)

Note—

Amending Acts and amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect.

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

An Act to amend the Security Industry Act 1997 to provide for private investigators to be licensed under that Act and to make consequential amendments to the Commercial Agents and Private Inquiry Agents Act 2004 and other Acts.

1Name of Act

This Act is the Security Industry Amendment (Private Investigators) Act 2016.

2Commencement

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

Schedule 1Amendment of Security Industry Act 1997 No 157[1]–[4]

(Repealed)

[5]Schedule 2 Savings and transitional provisions

Insert after clause 35—

Part 9Provisions consequent on enactment of Security Industry Amendment (Private Investigators) Act 201636Definitions

In this Part—

commencement day means the day on which this clause commences.

existing licence means the following licences under the Commercial Agents and Private Inquiry Agents Act 2004—

• (a)

  master licence for surveillance of persons,

• (b)

  master licence for investigation of persons,

• (c)

  operator licence for surveillance of persons,

• (d)

  operator licence for investigation of persons.

37Saving of existing licences(1)

Subject to the regulations, an existing licence that is in force immediately before the commencement day—

• (a)

  is taken to be a licence of the corresponding kind (as prescribed by the regulations) granted under this Act, and

• (b)

  continues, unless it is sooner surrendered by the holder or suspended or revoked under this Act, in force for the unexpired portion of its term, and

• (c)

  cannot be renewed.

(2)

The conditions to which an existing licence is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act and any such condition may be varied or revoked in accordance with this Act.

38Pending applications(1)

An application for an existing licence that was made under the Commercial Agents and Private Inquiry Agents Act 2004 and that was not determined before the commencement day is taken to be an application for a licence of the corresponding kind (as determined under clause 37) under this Act and is to be dealt with accordingly subject to the other provisions of this clause.

(2)

The Commissioner may, in determining an application under this clause, treat the application as an application under section 27 of this Act for a variation to a licence if the Commissioner considers it appropriate to do so.

(3)

An application for an existing licence that would, because of this clause, become an application for a licence under this Act that is already held by the applicant is taken to be withdrawn by the applicant and any application fee paid is to be refunded.

(4)

Any fee paid under the Commercial Agents and Private Inquiry Agents Act 2004 in relation to the application for the existing licence is taken to have been paid towards the application that is taken to have been made under this Act and any difference between the fee paid and the appropriate fee required to be paid under this Act is to be addressed by requiring the applicant to pay the balance of any underpayment or refunding to the applicant the balance of any overpayment.

39Appeals and reviews

Any appeal made, or review commenced, in relation to an existing licence (or an application for an existing licence) that has not been determined before the commencement day is to be determined as if the amendments made to the Commercial Agents and Private Inquiry Agents Act 2004 by Schedule 2 to the Security Industry Amendment (Private Investigators) Act 2016 had not been made.

40Records including fingerprints and photographs

Any records (including photographs and fingerprints) taken or kept by the Commissioner under, or for the purposes of, the Commercial Agents and Private Inquiry Agents Act 2004 may be kept and used by the Commissioner for the purposes of this Act or for any other purpose as the Commissioner sees fit.

sch 1: Am 1987 No 15, sec 30C.

Schedules 2, 3

(Repealed)

sch 2: Rep 1987 No 15, sec 30C.

sch 3: Am 2018 No 25, Sch 6. Rep 1987 No 15, sec 30C.

Historical notesTable of amending instruments

Security Industry Amendment (Private Investigators) Act 2016 No 40. Assented to 21.9.2016. Date of commencement: not in force; Sch 3.3 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2018 No 25. This Act has been amended as follows—

2018 No 25 Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 6, 14 days after assent, sec 2 (1).

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sch 1	Am 1987 No 15, sec 30C.
Sch 2	Rep 1987 No 15, sec 30C.
Sch 3	Am 2018 No 25, Sch 6. Rep 1987 No 15, sec 30C.