Security Industry Amendment Regulation 2012 (NSW)
2012 No 536
New South Wales
Security Industry Amendment
Regulation 2012
under the
Security Industry Act 1997
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Security Industry Act 1997.
MICHAEL GALLACHER, MLC
Minister for Police and Emergency Services
Explanatory note
The object of this Regulation is to make miscellaneous amendments to the Security Industry Regulation 2007, including amendments that are consequential on the enactment of the Security Industry Amendment Act 2012.
The Regulation also includes amendments:
| (a) | to require the holder of a master licence providing persons carrying on security activities involving the use of horses to obtain and maintain certain public liability insurance, and |
| (b) | to require the holder of a master licence who provides class 1 licensees to record particulars of certain incidents involving the licensees in an incident register and to ensure that such class 1 licensees sign on in a register kept at premises where security activities are carried on, and |
| (c) | to exempt from the application of the Security Industry Act 1997 certain persons who carry out aircraft security checks, certain persons who check on the admission of persons to venues who might otherwise be subject to that Act as crowd controllers and firearms dealers when selling safes or vaults for firearms, and |
| (d) | to clarify certain signage requirements, and |
| (e) | to update various references to offences under other Acts. |
This Regulation is made under the Security Industry Act 1997, including sections 9 (2), 14 (2), 15 (4), 17 (2) (c) and (3), 18, 24, 40A (2), 48 (2) (i) and 48 (the general regulation-making power).
| Published LW 26 October 2012 | Page 1 |
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| Clause 1 | Security Industry Amendment Regulation 2012 |
Security Industry Amendment Regulation 2012
under the
Security Industry Act 1997
1 Name of Regulation
This Regulation is the Security Industry Amendment Regulation 2012.
2 Commencement
This Regulation commences on 1 November 2012 and is required to be published on the NSW legislation website.
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[1] Clause 8
Omit the clause. Insert instead:
8 Applications for licences and renewals of licence lodged by post
An application for a licence, or for renewal of a licence, that is lodged by post must be sent to the following address:
Security Licensing and Enforcement Directorate
NSW Police Force
Locked Bag 5099
Parramatta NSW 2124
[2] Clause 9
Omit the clause. Insert instead:
9 Composite licences: section 9 (2)
For the purposes of section 9 (2) of the Act, a class 1 or class 2 licence of any subclass may be combined with a class 1 or class 2 licence of any other subclass or subclasses into a composite licence, but only if the relevant licensee is entitled to hold the other subclass or subclasses of licence.
[3] Clause 10
Omit the clause. Insert instead:
10 Shortened term for licences For the purposes of section 24 (1) of the Act, the period of 1 year is prescribed for a master licence, class 1 or class 2 licence, but only if the applicant for the licence applies for a licence that will be in force for such a period.
[4] Clause 11 Term of provisional licence: section 24 (1)
Omit the clause.
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[5] Clause 12
Omit clause 12. Insert instead:
12 Fees
(1) For the purposes of sections 14 (2) (a) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for licences are specified in Part 1 of Schedule 3. (2) In addition to any fee payable under subclause (1), an application for a licence is to be accompanied by a fingerprinting and palm printing fee of $40 if the applicant has not had his or her fingerprints or palm prints, or both, taken before in relation to a licence under the Act. (3) For the purposes of sections 17 (2) (c) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for renewals of licence are specified in Part 2 of Schedule 3. (4) For the purposes of section 17 (3) of the Act, the prescribed late
fees are specified in Part 3 of Schedule 3.(5) The fee (other than so much of it as is the processing component of the fee) that is paid under subclause (1) or (3) in connection with an application that is refused is to be refunded to the applicant. (6) In this clause:
processing component of a fee, in relation to an application for a
licence or renewal of licence, means the component of the fee
prescribed by subclause (1) or (3) in respect of the application
that is specified in Column 4 of Part 1 or 2 of Schedule 3 next to
each relevant fee as specified in Column 3.
[6] Clause 13 Information and particulars to accompany licence application: section 14 (2) (b)
Omit the heading to clause 13 (1).
Insert instead “Class 1 and class 2 licences”.[7] Clause 13 (1)
Omit “class 1, class 2 or provisional licence”.
Insert instead “class 1 or class 2 licence”.[8] Clause 13 (1) (b)
Omit the paragraph.
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[9] Clause 13 (1) (f), (2) (f), (3) (h) and (4) (f)
Omit “a subsequent licence or” wherever occurring.
[10] Clause 13 (1) (g)
Insert after clause 13 (1) (f):
(g) evidence satisfying the Commissioner of the applicant’s identity.
[11] Clause 13 (2) (g) and (3) (g)
Omit the paragraphs.
[12] Clause 13 (4) (c)
Omit “the nominated person for the licence”.
Insert instead “the name, date and place of birth and residential address of the nominated person for the licence”.
[13] Clause 14 Application for class 1, class 2 or provisional licences— written references: section 14 (3) (b)
Omit the clause.
[14] Clause 15 Competencies: section 15 (1) (c)
Omit the clause.
[15] Clause 16 Grounds for refusal to grant licence: section 15 (4)
Omit “unless the Commissioner is satisfied that the person took all reasonable steps to avoid the liquidation or administration.” from clause 16 (1) (b).
Insert instead:unless:
(i) the winding up of the corporation was voluntary, or
(ii) the Commissioner is satisfied that the person took all reasonable steps to avoid the liquidation or administration.
[16] Clause 16 (3)
Omit the subclause.
[17] Clause 16 (4)
Omit “is convicted of”. Insert instead “has committed”.
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[18] Clause 16 (6)
Omit the subclause. Insert instead:
(6) Discretionary grounds for refusal For the purposes of section 15 (4) of the Act, the Commissioner may refuse to grant an application for a master licence if the applicant, or a close associate of the applicant, has, within the period of 3 years before the application for the licence was made, been found guilty of an offence under:
(a) the Fair Trading Act 1987 that relates to a contravention of section 44, 46, 49, 50, 53 or 55 of that Act as in force before that section was repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010, or (b) the Trade Practices Act 1974 of the Commonwealth that relates to a contravention of section 51AA–51AC, 52, 53, 53B, 55, 55A, 58 or 60 of that Act as in force before that section was repealed by the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 of the Commonwealth, or (c) Chapter 4 of the Australian Consumer Law that relates to a contravention of section 18, 20, 21, 22, 29, 31, 33, 34, 36 or 50 of that Law.
[19] Clause 18 Offences and civil penalties that disqualify applicants
Insert “or for the renewal of a master licence” after “application for a master licence” wherever occurring in clause 18 (1) (f) and (2).
[20] Clause 18 (1) (f)
Insert “or the Fair Work Act 2009 of the Commonwealth” after “jurisdiction”.
[21] Clause 18 (2)
Omit “a civil penalty imposed under section 357 of the Industrial Relations
Act 1996”.Insert instead “each relevant civil penalty”.
[22] Clause 18 (3)
Insert after clause 18 (2):
(3) In this clause:
relevant civil penalty means each of the following:
(a)
a civil penalty imposed under section 357 of the Industrial Relations Act 1996,
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(b) a pecuniary penalty imposed under section 224 of the Australian Consumer Law that relates to a contravention of section 18, 20, 21, 22, 29, 31, 33, 34, 36 or 50 of that Law, (c) a pecuniary penalty imposed under section 546 of the Fair Work Act 2009 that relates to a contravention of that Act.
[23] Clause 19 Direct supervision: section 29A
Omit the clause.
[24] Clause 21 Requirement to notify change of licence particulars
Omit “in writing”.
Insert instead “electronically, by post or in any other approved manner”.[25] Clause 22 Notification of lost etc licences
Insert “or become illegible” after “mutilated”.
[26] Clause 22 (2) (a) and (b)
Omit the paragraphs. Insert instead:
(a) oral notice of the occurrence has been given, either in person or by telephone, to a police officer at a police station or to the Police Assistance Line (131 444) and a Computerised Operational Policing System Event reference number has been issued to the licensee, or (b) notice of the occurrence has been given in any other manner approved by the Commissioner.
[27] Clause 23 Application for replacement licence
Insert “or become illegible” after “mutilated” in clause 23 (1).
[28] Clause 23 (2)
Omit “Security Industry Registry”.
Insert instead “Security Licensing and Enforcement Directorate”.[29] Clause 25 Application for variation of licence
Omit “class 1, class 2 or provisional licence”.
Insert instead “class 1 or class 2 licence”.[30] Clause 27 Pending application for subsequent licence
Omit the clause.
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[31] Clause 28 Special licence conditions—fingerprints and palm prints: section 21 (3) (b)
Insert “or palm prints, or both,” after “fingerprints” wherever occurring.
[32] Clause 28 (2)
Insert “or palm print” after “fingerprint”.
[33] Clause 30 Training
Omit the clause.
[34] Clause 32
Omit the clause. Insert instead:
32 Requirement to display licence number
(1) It is a condition of a master licence that a licensee conducting a business in the security industry must not, on any sign on any of the licensee’s business premises or on any vehicle used for carrying on security activities, use or display the licensees’s name, the business name under which the business is carried on, any logo or other symbol representing the business or any words indicating that the premises or vehicle are used in connection with any security activity authorised by the master licence unless the number of the master licence is also displayed in accordance with this clause on the premises or vehicle. (2) The number of the master licence must be displayed on a sign as
follows:
(a) “Master Lic.”, “Lic. No”, “M/L” or other approved abbreviation must be followed by the licence number, (b) the letters and numbers must be in Arial font or otherwise must be clearly legible and must be a minimum height of: (i) for signage on premises—30 mm, or
(ii) for signage in or on vehicles—15 mm,
(c)
the letters and numbers must be of a colour that contrasts with the background of the sign.
(3) This clause does not have effect until the end of the period of
3 months beginning on the commencement of this clause.
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[35] Clause 34 Requirement to notify changes relating to close associates
Omit the clause. Insert instead:
34 Requirement to notify changes relating to close associates
(1) It is a condition of a master licence that the licensee must notify
the Commissioner in writing of:
(a) any change in the particulars relating to close associates included in an application under clause 13 (2) (a) (ii) or (3) (d), and (b) the name, date and place of birth and residential address of any person who subsequently becomes a close associate of the licensee. (2) The notification must be made within 14 days after the change
occurs or the person becomes a close associate.
[36] Clause 35 Public liability insurance
Insert “, the use of horses” after “use of firearms”.
[37] Clauses 36–37A
Omit clauses 36 and 37. Insert instead:
36 Records required to be kept by master licensees
(1) It is a condition of a master licence that the licensee must keep the following records in a manner and form approved by the Commissioner:
(a) the full name and licence number and subclass of each class 1 or class 2 licensee provided by the holder of the master licence, (b) the expiry date of the licence held by each class 1 or class 2 licensee provided by the holder of the master licence, (c) in relation to each occasion on which the holder of the master licence is engaged to provide security services to be performed by a class 1 or class 2 licensee employed by the holder of the master licence: (i) the name and address of the person engaging those services, and
(ii) the address of the location at which the services are provided, and
(iii) the date on and time at which the services are provided, and
(iv) details of the services provided, and
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(v) the name of, and the number of the licence held by, the class 1 or class 2 licensee who performed the services, and
(d)
details of any contract or agreement to provide security services required by the Commissioner by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate within the NSW Police Force.
(2)
If the holder of a master licence provides any person to perform a mobile patrol service, it is a condition of the licence that the holder of the licence must ensure that:
(a) a record of each patrol visit is kept, and (b)
such a record contains details of the name and licence number of the licensee who undertook the patrol visit.
(3) Each record required to be kept under this clause must be kept for
at least 3 years.
36A Copies of licences It is a condition of a master licence that the holder of the licence keep a copy of the licence:
(a) at any place of business at which the holder of the master licence’s records are kept other than the holder’s principal place of business, and (b) at any premises at which the holder provides class 1 licensees to carry out security services on a recurrent basis (other than mobile patrol and cash in transit services). 37 Incident registers
(1)
If the holder of a master licence provides a class 1 licensee, it is a condition of the master licence that holder must keep a register (an incident register) in a manner and form approved by the Commissioner containing particulars of any of the following incidents that occur while the class 1 licensee is performing his or her duties:
(a)
in relation to a class 1A, 1B, 1C, 1D or 1F licensee—the licensee makes forcible physical contact with, or physically restrains, a member of the public,
(b)
in relation to a class 1C licensee—the licensee ejects a member of the public from the premises or site concerned,
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(c)
in relation to a class 1D licensee—the licensee’s dog attacks a person,
(d)
in relation to a class 1F licensee—the licensee removes a firearm from his or her holster (unless the removal is for the purposes of unloading ammunition or for the maintenance of the firearm),
(e)
in relation to a class 1F licensee–the licensee discharges a firearm,
(f)
any other type of incident required by the Commissioner to be recorded in the incident register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate within the NSW Police Force.
(2)
The holder of the master licence must record or cause to be recorded the particulars of any incident as soon as practicable after the incident occurs and before any class 1 licensee involved in the incident completes the shift during which the incident occurred.
(3) The incident register must be kept:
(a)
at any premises at which the holder provides class 1 licensees to carry out security services on a recurrent basis (other than mobile patrol and cash in transit services), and
(b)
in the case of mobile patrol and cash in transit services and other security services which are not carried out on particular premises on a recurrent basis—at the place of business at which the holder of the master licence’s records are kept.
(4)
It is a condition of a master licence that, if a class 1F licensee employed by the holder of the master licence discharges a firearm, the holder must, within 24 hours after the discharge, give the Firearms Registry of the NSW Police Force written notice of the particulars of the incident as recorded in the incident register under this clause.
(5)
For the purposes of subclause (3) (a), each holder of a master licence must keep a separate incident register if more than one master licensee is providing persons to carry on security activities at the same premises.
(6)
Each record of an incident required to be recorded in the incident register under this clause must be kept in the incident register for at least 3 years.
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(7) The requirement to keep a register under this clause is in addition
to the requirement under clause 36 to keep records.
37A Sign-on register
(1)
If the holder of a master licence provides class 1 licensees to carry out security services at particular premises on a recurrent basis (other than mobile patrol and cash in transit services), it is a condition of the master licence that the holder must keep a register (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:
(a)
the name, signature and licence number of each class 1 licensee provided by the holder of the master licence to carry on security activities on that day, and
(b)
the time at which any such class 1 licensee commenced carrying on security activities on that day, and
(c)
the time (whether on the same day or the following day) at which that class 1 licensee ceased carrying on such security activities, and
(d)
any other particulars the Commissioner requires the holder of the master licence to record in the sign-on register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate within the NSW Police Force.
(2)
If the holder of a class 1 licence (the relevant person) is provided by a master licensee to carry on security activities at premises at which the master licensee provides holders of class 1 licences to carry out security services on a recurrent basis (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.
(3) This clause does not have effect until 1 February 2013.
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[38] Part 3B
Insert after clause 38B:
Part 3B Temporary excess provision of services
permit
38C Fee to accompany permit application For the purposes of section 40A(2) of the Act, the prescribed fee to accompany an application for a temporary excess provision of services permit is $150 for each specified day, or each day within a specified period, for which authorisation to provide more persons than the number authorised by a master licence is sought by the applicant.
[39] Clause 39 Inspection of records and register
Omit the clause.
[40] Clause 41 Procedures for duplicating restricted keys
Omit the clause.
[41] Clause 42 Security Industry Council: section 43A (2)
Omit the clause.
[42] Clause 45
Omit the clause. Insert instead:
45
Approval of organisations providing requisite training, assessment and instruction
(1) A list of persons or organisations approved from time to time by the Commissioner for the purposes of section 15 of the Act is to be published on the website maintained by the Security Licensing and Enforcement Directorate within the NSW Police Force. (2) The Commissioner is to give notice in writing to any person or organisation affected by removal of that person or organisation from the list of approved persons or organisations.
[43] Clause 47A Offences and civil penalties that disqualify applicants
Insert after clause 47A (2):
(3)
Clauses 16 (6) and 18, to the extent that their application is varied by an amendment made by the Security Industry Amendment Regulation 2012, do not extend to an offence of which a person
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is convicted or found guilty or to a pecuniary penalty imposed in respect of a contravention that occurred before the commencement of the amendment.
[44] Clause 47B
Insert after clause 47A:
47B Public liability insurance: horses The amendment made to clause 35 by the Security Industry Amendment Regulation 2012 does not have effect in relation to a master licensee who has public liability insurance cover complying with clause 35 as in force immediately before the commencement of the amendment until 3 months after the commencement.
[45] Schedule 1 Exempt persons
Insert after clause 8:
9 Persons who inspect, examine or scan tickets or other documents (other than for the purpose of determining a person’s age) relating to the entry or admission of persons to premises (whether licensed or not), or who otherwise screen the entry of persons to premises, for the purpose of a function, sporting or other event or entertainment, but only to the extent to which the persons act in that capacity and do not physically restrain or eject persons from, or prevent their entry to, such premises.
[46] Schedule 1, clauses 27 and 28
Insert after clause 26:
27
Persons who are employed by providers of domestic air services or international air services (within the meaning of the Aviation Transport Security Regulations 2005 of the Commonwealth) and who conduct pre-flight searches of aircraft for security purposes, but only to the extent to which the persons act in that capacity.
28
Firearms dealers (within the meaning of the Firearms Act 1996) and who sell equipment referred to in section 4 (1) (e) of the Security Industry Act 1997 (being a safe or vault for firearms), but only to the extent to which the dealers act in that capacity.
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[47] Schedule 3
Insert after Schedule 2:
Schedule 3 Fees
(Clause 12)
Part 1 Licence fees
Column 1 Column 2 Column 3 Column 4 Licence class Term of licence Fee Processing
component of feeClass 1 or class 2 1 year $160 $120 5 years $640 $120 Class MA 1 year $160 $120 5 years $640 $120 Class MB 1 year $410 $120 5 years $1,640 $120 Class MC 1 year $1,250 $200 5 years $5,000 $200 Class MD 1 year $2,800 $360 5 years $11,200 $360 Class ME 1 year $5,225 $480 5 years $20,900 $480
Part 2 Licence renewal fees
Column 1 Column 2 Column 3 Column 4 Licence class Term of licence Fee Processing
component of feeClass 1 or class 2 1 year $140 $80 5 years $560 $80
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Column 1 Column 2 Column 3 Column 4 Licence class Term of licence Fee Processing
component of feeClass MA 1 year $140 $80 5 years $560 $80 Class MB 1 year $375 $80 5 years $1,500 $80 Class MC 1 year $1,200 $120 5 years $4,800 $120 Class MD 1 year $2,725 $240 5 years $10,900 $240 Class ME 1 year $5,125 $360 5 years $20,500 $360
Part 3 Late fees
Column 1 Column 2 Column 3 Licence class Term of licence Fee Class 1 or class 2 1 year $20 5 years $80 Class MA 1 year $20 5 years $80 Class MB 1 year $35 5 years $140 Class MC 1 year $50 5 years $200 Class MD 1 year $75 5 years $300 Class ME 1 year $100 5 years $400
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