2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Security Industry Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Security Industry Act 2003 3 Legislation amended--pt 2 3 4 General suitability criteria New section 21 (1) (a) (iia) 3 5 New section 21A 3 6 Regulation-making power New section 52 (2) (f) (ia) 3 7 Dictionary, note 2 4 8 Dictionary, new definition of employee organisation 4 9 Dictionary, new definition of workplace information 4 J2010-49 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 3 Security Industry Regulation 2003 10 Legislation amended--pt 3 5 11 New section 2 5 12 Prescribed security activity--Act, s 7 (1) (e) Section 4 (2) 5 13 Exempt people--Act, s 9 Section 6 (1) (b), note 5 14 Section 6 (1) (f), note 5 15 Prescribed information to accompany licence application--Act, s 17 (3) Section 7 6 16 Conditions for certain master licences--Act, s 21 (1) (a) Section 7A 6 17 New sections 7A and 7B 6 18 New section 9B 7 19 New dictionary 7 contents 2 Security Industry Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Security Industry Amendment Bill 2010 A Bill for An Act to amend the Security Industry Act 2003, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-49 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Security Industry Amendment Act 2010. 4 2 Commencement 5 This Act commences on a day fixed by the Minister by written 6 notice. 7 Note 1 The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 Note 2 A single day or time may be fixed, or different days or times may be 10 fixed, for the commencement of different provisions (see Legislation 11 Act, s 77 (1)). 12 Note 3 If a provision has not commenced within 6 months beginning on the 13 notification day, it automatically commences on the first day after that 14 period (see Legislation Act, s 79). page 2 Security Industry Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Security Industry Act 2003 2 3 Legislation amended--pt 2 3 This part amends the Security Industry Act 2003. 4 4 General suitability criteria 5 New section 21 (1) (a) (iia) 6 insert 7 (iia) for an application for an employee licence to do 1 or more of 8 the things mentioned in section 13 (1) (a), (b) or (d)--an 9 employee organisation has given the applicant the information 10 prescribed by regulation in relation to workplace rights and 11 responsibilities (workplace information); and 12 5 New section 21A 13 insert 14 21A Review of workplace information criterion 15 (1) The Minister must review the operation of section 21 (1) (a) (iia), 16 and present a report of the review to the Legislative Assembly, as 17 soon as practicable after the end of its 1st year of operation. 18 (2) This section expires 2 years after the day it commences. 19 6 Regulation-making power 20 New section 52 (2) (f) (ia) 21 insert 22 (ia) the giving of workplace information; Security Industry Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 7 Dictionary, note 2 2 insert 3 · commissioner for fair trading 4 8 Dictionary, new definition of employee organisation 5 insert 6 employee organisation means an organisation of employees 7 registered under the Fair Work (Registered Organisations) Act 2009 8 (Cwlth). 9 Note A reference to a law (including a Cwlth Act) includes a reference to the 10 Act as originally made and as amended (see Legislation Act, s 102). 11 9 Dictionary, new definition of workplace information 12 insert 13 workplace information--see section 21 (1) (a) (iia). page 4 Security Industry Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 Part 3 Security Industry Regulation 2 2003 3 10 Legislation amended--pt 3 4 This part amends the Security Industry Regulation 2003. 5 11 New section 2 6 insert 7 2 Dictionary 8 The dictionary at the end of this regulation is part of this regulation. 9 Note 1 The dictionary at the end of this regulation defines certain terms used in 10 this regulation. 11 Note 2 A definition in the dictionary applies to the entire regulation unless the 12 definition, or another provision of the regulation, provides otherwise or 13 the contrary intention otherwise appears (see Legislation Act, s 155 and 14 s 156 (1)). 15 12 Prescribed security activity--Act, s 7 (1) (e) 16 Section 4 (2) 17 omit 18 13 Exempt people--Act, s 9 19 Section 6 (1) (b), note 20 omit 21 14 Section 6 (1) (f), note 22 omit Security Industry Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 15 Prescribed information to accompany licence 2 application--Act, s 17 (3) 3 Section 7 4 omit 5 section 7A 6 substitute 7 section 9A 8 16 Conditions for certain master licences--Act, s 21 (1) (a) 9 Section 7A 10 relocate in part 3 as section 9A 11 17 New sections 7A and 7B 12 insert 13 7A Information to accompany certain employee licence 14 applications--Act, s 17 (3) (b) 15 An application for an employee licence to do 1 or more of the things 16 mentioned in the Act, section 13 (1) (a), (b) or (d) must be 17 accompanied by a certificate from an employee organisation stating 18 that the applicant has been given workplace information at an 19 information session provided by the organisation. 20 7B Certificate from employee organisation 21 If a person has been given workplace information at an information 22 session provided by an employee organisation, the organisation 23 must give the person a certificate to that effect. page 6 Security Industry Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 18 New section 9B 2 in part 3, insert 3 9B Workplace information--Act, s 21 (1) (a) (iia) 4 Information in relation to workplace rights and responsibilities 5 under laws in force in the territory that is relevant to people working 6 in the security industry is prescribed. 7 Examples 8 · minimum wages and employment conditions 9 · employment agreements 10 · termination of employment agreements 11 · workplace safety 12 Note An example is part of the regulation, is not exhaustive and may extend, 13 but does not limit, the meaning of the provision in which it appears (see 14 Legislation Act, s 126 and s 132). 15 19 New dictionary 16 insert 17 Dictionary 18 (see s 2) 19 Note 1 The Legislation Act contains definitions and other provisions relevant to 20 this regulation. 21 Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: 22 · chief officer (fire brigade) 23 · chief officer (rural fire service) 24 · commissioner for fair trading Security Industry Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 19 1 · corrections officer 2 · person (see s 160) 3 · police officer 4 · public servant. 5 Note 3 Terms used in this regulation have the same meaning that they have in 6 the Security Industry Act 2003 (see Legislation Act, s 148). For 7 example, the following terms are defined in the Security Industry 8 Act 2003, dict: 9 · employee organisation 10 · licence 11 · licensee 12 · master licence (see s 12) 13 · security equipment (see s 8) 14 · trainer licence (see s 14) 15 · workplace information. 16 security consultant--see the Act, section 13 (2). Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 8 Security Industry Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au