SECURITY INDUSTRY ACT 2003 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act PART 2--INTERPRETATION AND APPLICATION OF ACT 3. Dictionary 4. Notes 5. Offences against Act--application of Criminal Code etc 6. Meaning of security business 7. Carrying on security activity 8. Meaning of security equipment 9. Regulations may exempt people from application of Act PART 3--LICENCES Division 3.1--Requirement for licence 10. Offence of carrying on unauthorised security activity Division 3.2--Kinds of licences 11. Classes of licences 12. Master licences 13. Employee licences 14. Trainer licences 15. Temporary licences 16. Licences do not authorise use of firearm Division 3.3--Licence applications 17. Application for licence Division 3.4--Information for assessing licence applications 18. Request for further information 19. Request for fingerprints 20. Further information from 3rd parties Division 3.5--Suitability and prerequisites for issuing licences 21. General suitability criteria 22. Meaning of close associate for s 21 23. Public interest 24. Eligibility for employee and trainer licences Division 3.6--Decisions on applications 25. Decision on application for licence other than temporary licence 26. Temporary licences 27. Decision on application for variation Division 3.7--Form and term of licences 28. Form of licence 29. Term of licence Division 3.8--Occupational discipline--licensees 30. Grounds for occupational discipline 31. Commissioner may apply to ACAT for occupational discipline Division 3.9--Register 34. Register of licences 35. Keeping register Division 3.10--Notification and review of decisions 36. Meaning of reviewable decision--div 3.10 36A. Reviewable decision notices 37. Applications for review PART 4--OTHER OFFENCES 38. Contravention of licence conditions 39. Return etc of licences varied, suspended or cancelled 40. Advertising 41. Licence to be produced on request 42. Wearing of licences etc 42A. Exemption for wearing of licences etc 43. Licensee not to dispose of licence etc 44. Prohibition on delegation etc of functions 45. Master licensee not to employ unlicensed people PART 5--MISCELLANEOUS PROVISIONS 46. Directions to master licensees about insurance etc 47. Licensee to keep commissioner informed 48. Fees charged by unlicensed people 49. Certificates as evidence 50. Determination of fees 51. Approved forms 52. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES SECURITY INDUSTRY ACT 2003 - LONG TITLE An Act to provide for the licensing and regulation of people in the security industry, and for other purposes SECURITY INDUSTRY ACT 2003 - SECT 1 Name of Act This Act is the Security Industry Act 2003. SECURITY INDUSTRY ACT 2003 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act. For example, the signpost definition 'employee licence--see section 13.' means that the expression 'employee licence' is defined in section 13. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). SECURITY INDUSTRY ACT 2003 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. SECURITY INDUSTRY ACT 2003 - SECT 5 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. SECURITY INDUSTRY ACT 2003 - SECT 6 Meaning of security business A security business is a business in which a person carries on 1 or more security activities. SECURITY INDUSTRY ACT 2003 - SECT 7 Carrying on security activity (1) For this Act, a person carries on a security activity if, as part of a business or the person's employment, the person does 1 or more of the following: (a) acts as a bodyguard or crowd controller; (b) patrols, protects, watches or guards property (including cash in transit); (c) installs, maintains, monitors, repairs or services security equipment; (d) gives advice in relation to security equipment or security; (e) carries on an activity in relation to security that is prescribed under the regulations; (f) trains or instructs in relation to an activity mentioned in paragraphs (a) to (e); (g) employs or provides people to carry on an activity mentioned in paragraphs (a) to (f). (2) However, a person does not carry on a security activity only because the person installs a lock as part of the person's occupation as a builder. (3) Also, a person does not carry on a security activity only because the person cuts unrestricted keys or sells self-install security systems. (4) In this section: "self-install security system" means a security system designed so that it can be installed by an ordinary consumer. "unrestricted key" means a key other than a key marked restricted, patented or trademarked. SECURITY INDUSTRY ACT 2003 - SECT 8 Meaning of security equipment (1) For this Act: "security equipment" means any of the following: (a) a safe or vault; (b) mechanical, electronic, acoustic or other equipment designed or adapted to provide or enhance security or for the protection or watching of any property; (c) a device or equipment prescribed under the regulations for this definition. (2) However, "security equipment "does not include a device or equipment declared not to be security equipment under the regulations. SECURITY INDUSTRY ACT 2003 - SECT 9 Regulations may exempt people from application of Act The regulations may exempt people from the application of this Act. SECURITY INDUSTRY ACT 2003 - SECT 10 Offence of carrying on unauthorised security activity (1) A person commits an offence if the person-- (a) carries on a security activity; and (b) does not hold a licence authorising the person to carry on the activity. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence. SECURITY INDUSTRY ACT 2003 - SECT 11 Classes of licences (1) Under this Act, licences are divided into 4 classes: master licences, employee licences, trainer licences and temporary licences. (2) Employee licences are further divided into subclasses. (3) If a person is not eligible for an employee licence, the person may be eligible for a temporary licence. Note See s 26 (Temporary licences). SECURITY INDUSTRY ACT 2003 - SECT 12 Master licences (1) A master licence is a licence that authorises the licensee to employ or provide people to carry on a security activity. (2) However, the licensee may only employ or provide a person to carry on a security activity if the person holds an employee licence, a trainer licence or temporary licence. SECURITY INDUSTRY ACT 2003 - SECT 13 Employee licences (1) An employee licence is a licence that authorises the licensee to do 1 or more of the following: (a) patrol, guard, watch or protect property (including cash in transit); (b) act as a bodyguard; (c) act as a security consultant; (d) act as a crowd controller; (e) sell security equipment; (f) carry out surveys and inspections of security equipment; (g) give advice about security equipment; (h) install, maintain, monitor, repair or service security equipment. (2) In this section: "security consultant" means a person whose function is to identify and analyse security risks and provide solutions, management strategies or both to minimise security risks. SECURITY INDUSTRY ACT 2003 - SECT 14 Trainer licences (1) A trainer licence is a licence that authorises the licensee to provide training in relation to security activities. (2) A trainer licence may relate to particular security activities, or security activities generally. SECURITY INDUSTRY ACT 2003 - SECT 15 Temporary licences (1) A temporary licence is a licence issued under section 26 to someone who is not eligible to hold an employee licence. (2) A temporary licence authorises an activity that may be authorised by an employee licence. SECURITY INDUSTRY ACT 2003 - SECT 16 Licences do not authorise use of firearm A licence does not authorise the licensee to use a firearm. Note Use of firearms is dealt with in the Firearms Act 1996. SECURITY INDUSTRY ACT 2003 - SECT 17 Application for licence (1) A person may apply to the commissioner for fair trading for a licence or for variation of a licence. Note 1 A fee may be determined under s 50 (Determination of fees) for this section. Note 2 If a form is approved under s 51 (Approved forms) for an application, the form must be used. (2) The application must be in writing signed by the applicant. (3) The application must be accompanied by-- (a) a police certificate for the applicant, dated not earlier than 2 months before the day the application is made; and (b) any information prescribed by regulation. (4) An application for an employee licence or trainer licence, or for variation of such a licence, must state the following: (a) the licence applied for (including the security activities the licence is to authorise); (b) the name and business address of the applicant's employer or proposed employer, unless the applicant is self-employed and holds a master licence. SECURITY INDUSTRY ACT 2003 - SECT 18 Request for further information (1) The commissioner for fair trading may, by written notice given to an applicant for a licence, or for variation of a licence, require the applicant to give the commissioner additional stated information or documents that the commissioner reasonably needs to decide the application. (2) The commissioner need not decide an application unless the applicant complies with the requirement. SECURITY INDUSTRY ACT 2003 - SECT 19 Request for fingerprints (1) The commissioner for fair trading may, by written notice given to an applicant for a licence, or for variation of a licence, require the applicant to allow a police officer to take the applicant's fingerprints to confirm the applicant's identity. (2) If the commissioner requires the applicant's fingerprints to be taken, the commissioner need not decide the application until the applicant complies with the requirement. (3) The commissioner for fair trading may require the applicant's fingerprints to be taken only if satisfied that-- (a) there is reasonable doubt about the applicant's identity; and (b) proof of the applicant's identity cannot be confirmed in any other way that is reasonably available. (4) If an applicant allows the applicant's fingerprints to be taken because of a requirement under this section, as soon as the fingerprints are no longer needed to confirm the applicant's identity for the application, the commissioner for fair trading must-- (a) ensure that the fingerprints, and any copies of them, are destroyed; and (b) tell the applicant in writing about the destruction. SECURITY INDUSTRY ACT 2003 - SECT 20 Further information from 3rd parties (1) This section applies in relation to a person (the 3rd party) if the commissioner for fair trading is satisfied that the 3rd party has an association or connection with an applicant for a licence, or for variation of a licence, that is relevant to the application. (2) The commissioner for fair trading may, by written notice to the 3rd party, require the 3rd party to do 1 or more of the following: (a) provide, in accordance with directions in the notice, stated information, verified as required by the notice, that is relevant to the consideration of the application; (b) produce, in accordance with directions in the notice, stated records relevant to the consideration of the application and allow examination of the records, the taking of extracts from them and the making of copies of them; (c) authorise a person described in the notice to comply with a stated requirement of the kind mentioned in paragraph (a) or (b); (d) give the commissioner for fair trading the authorities and consents the commissioner asks for to allow the commissioner to obtain information (including financial and other confidential information) from other people about the applicant and the applicant's associates or relatives. (3) If the commissioner makes a requirement, the commissioner need not decide the application until the requirement is complied with. SECURITY INDUSTRY ACT 2003 - SECT 21 General suitability criteria (1) The commissioner for fair trading must not issue or vary a licence unless-- (a) satisfied that-- (i) the applicant is eligible to hold the licence; and Note Eligibility for employee and trainer licences is dealt with in s 24. (ii) the applicant has satisfactorily completed a training course, or has experience or other training that is equivalent, or substantially equivalent, to completion of a training course, prescribed under the regulations for the licence applied for; and (iii) the applicant satisfies any condition prescribed under the regulations for the licence; and (iv) it is otherwise in the public interest to license the applicant; and (b) the applicant-- (i) if the applicant is an individual--is an adult; and (ii) if competency standards are prescribed under the regulations--has satisfied the standards. (2) This section is subject to section 26 (Temporary licences). (3) In this section: "applicant"-- (a) for an application for a master licence--includes a close associate of the applicant; and (b) if the applicant is a corporation--includes each executive officer of the corporation; and (c) if the applicant is a partnership--includes each partner. "close associate"--see section 22. "executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management. SECURITY INDUSTRY ACT 2003 - SECT 22 Meaning of close associate for s 21 (1) In section 21: "close associate", of a person (the relevant person), means-- (a) a person who-- (i) holds or will hold a financial interest, or is or will be entitled to exercise a relevant power, in the relevant person's business; and (ii) the commissioner for fair trading is satisfied, is or will be able to exercise a significant influence in relation to the conduct of the business because of the interest or power; or (b) a person who holds or will hold an executive office in the relevant person's business. (2) In this section: "executive office", in a business, means a position (however described) in which the person is concerned with, or takes part in, the management of the business. "exercise "a power includes exercise the power on behalf of someone else. "financial interest", in relation to a business, means-- (a) a share in the capital of the business; or (b) an entitlement to receive income derived from the business, however the entitlement arises. "hold "a position includes hold the position on behalf of someone else. "power" means a power exercisable-- (a) by voting or otherwise; and (b) alone or with others. "relevant power", in relation to a business, means a power-- (a) to take part in a directorial, managerial or executive decision for the business; or (b) to elect or appoint a person to an executive office in the business. SECURITY INDUSTRY ACT 2003 - SECT 23 Public interest (1) In deciding whether it is in the public interest to licence an applicant, the commissioner for fair trading must consider whether the applicant has committed a relevant offence. Note Relevant offence is defined in the dictionary. (2) The commissioner for fair trading may consider any other relevant matter to decide whether it is in the public interest to license an applicant. Examples--matters to be considered 1 a police certificate accompanying an application under s 17 (3) 2 information collected under s 20 Note An example is part of the Act, 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). SECURITY INDUSTRY ACT 2003 - SECT 24 Eligibility for employee and trainer licences A person is eligible to hold an employee or trainer licence only if the person is an individual who-- (a) is employed by someone who holds a master licence; or (b) is self-employed and holds a master licence. SECURITY INDUSTRY ACT 2003 - SECT 25 Decision on application for licence other than temporary licence (1) On application for a licence other than a temporary licence, the commissioner for fair trading must-- (a) issue the licence; or (b) refuse to issue the licence. (2) The commissioner for fair trading may issue the licence subject to conditions. Note The ACAT may also direct the commissioner for fair trading to place a condition on a person's licence (see ACT Civil and Administrative Tribunal Act 2008, s 66 (2) (g) (i)). (3) The commissioner for fair trading must not issue a licence unless-- (a) 1 or more classes are endorsed on the licence; and (b) if the licence is an employee licence--1 or more subclasses are endorsed on the licence. SECURITY INDUSTRY ACT 2003 - SECT 26 Temporary licences (1) This section applies to an applicant if the applicant-- (a) is a trainee; and (b) is not eligible for a licence only because either or both of the following apply: (i) the applicant is not an adult; (ii) the commissioner is not satisfied under section 21 (1) (a) (ii) (which deals with approved training courses or equivalent) in relation to the applicant. (2) The commissioner for fair trading may issue a temporary licence to the applicant if satisfied that the applicant will be under the direct supervision of a licensee authorised to carry on the security activities the temporary licensee is authorised to carry on. Note A fee may be determined under s 50 (Determination of fees) for this section. (3) The commissioner for fair trading may issue the licence subject to conditions. (4) A temporary licence may be issued for up to 1 year. (5) In this section: "trainee"--see the Training and Tertiary Education Act 2003, section 4 (1). SECURITY INDUSTRY ACT 2003 - SECT 27 Decision on application for variation On application for a variation to a licence, the commissioner for fair trading must-- (a) vary the licence; or (b) refuse to vary the licence. SECURITY INDUSTRY ACT 2003 - SECT 28 Form of licence A licence must-- (a) be signed by the licensee; and (b) state the licence class or, if the licence authorises the licensee to carry on an activity in more than 1 subclass, each subclass, of licence; and (c) have a unique identifying number (the licence number); and (d) contain anything else prescribed under the regulations. SECURITY INDUSTRY ACT 2003 - SECT 29 Term of licence A licence is issued for the period (not longer than 1 year) decided by the commissioner and stated in the licence. SECURITY INDUSTRY ACT 2003 - SECT 30 Grounds for occupational discipline (1) Each of the following is a ground for occupational discipline in relation to a licensee: (a) the licensee gave information in relation to the application for the licence that was false or misleading in a material particular; (b) the licensee is not eligible to apply for, or be issued with, a licence of the class the licensee holds; (c) the licensee has contravened, or is contravening, this Act, whether or not the licensee has been convicted of an offence for the contravention; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (d) the licensee has contravened, or is contravening, a condition of the licence; (e) the licensee has committed a relevant offence, whether or not the licensee has been convicted of the offence; Note Relevant offence--see the dictionary. (f) it is not otherwise in the public interest for the licensee to be licensed; (g) another ground prescribed by regulation. Example--when licensee no longer eligible--par (b) if the licensee were to apply for the licence the licensee holds, the licensee would not satisfy the competency standards prescribed by regulation for the licence Note An example is part of the Act, 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). (2) A ground for occupational discipline applies to a licensee who is no longer licensed if the ground applied to the licensee while licensed. SECURITY INDUSTRY ACT 2003 - SECT 31 Commissioner may apply to ACAT for occupational discipline If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the commissioner may apply to the ACAT for an occupational discipline order in relation to the licensee. Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make. SECURITY INDUSTRY ACT 2003 - SECT 34 Register of licences (1) The commissioner for fair trading must keep a register of licences under this Act. (2) The register must be available for public inspection at reasonable times. SECURITY INDUSTRY ACT 2003 - SECT 35 Keeping register (1) The register may include information about licences given to the commissioner for fair trading under this Act and any other information the commissioner considers appropriate. (2) The register may be kept in the form of, or as part of, 1 or more computer databases or in any form the commissioner for fair trading considers appropriate. (3) The commissioner for fair trading may correct any mistake, error or omission in the register subject to the requirements (if any) of the regulations. (4) The commissioner may change a detail included in the register to keep the register up-to-date. (5) This section does not limit the functions of the commissioner for fair trading in relation to the register. SECURITY INDUSTRY ACT 2003 - SECT 36 Meaning of reviewable decision--div 3.10 In this division: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. SECURITY INDUSTRY ACT 2003 - SECT 36A Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. SECURITY INDUSTRY ACT 2003 - SECT 37 Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. SECURITY INDUSTRY ACT 2003 - SECT 38 Contravention of licence conditions (1) A licensee commits an offence if the licensee contravenes a condition of the licence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence. SECURITY INDUSTRY ACT 2003 - SECT 39 Return etc of licences varied, suspended or cancelled (1) This section applies to a person whose licence is varied, suspended or cancelled under this Act. (2) The person commits an offence if the person fails to return the licence to the commissioner for fair trading as soon as practicable (but within 5 business days) after the variation, suspension or cancellation takes effect. Maximum penalty: 20 penalty units. (3) An offence against this section is a strict liability offence. (4) If a licence is varied, the commissioner for fair trading must give the person a varied licence, showing the variation, for the remainder of the period of the licence to which the variation relates. SECURITY INDUSTRY ACT 2003 - SECT 40 Advertising (1) A person commits an offence if-- (a) the person advertises that the person carries on, or is willing to carry on, a security activity; and (b) either-- (i) the person is not the holder of a licence that authorises the person to carry on the security activity mentioned in the advertisement; or (ii) the advertisement does not include the person's licence number. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: "advertisement" includes a business card, brochure, newsletter or form. SECURITY INDUSTRY ACT 2003 - SECT 41 Licence to be produced on request (1) A licensee commits an offence if-- (a) the licensee is asked to produce the licensee's licence for inspection by-- (i) a police officer; or (ii) an investigator; or (iii) anyone with whom the licensee has dealings when carrying on a security activity; and (b) the licensee does not produce the licence for inspection. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) Subsection (1) (a) (iii) does not apply to a licensee if-- (a) a regulation requires the licensee to wear another form of identification while carrying on the security activity; and (b) the licensee wears the other form of identification while carrying on the security activity. (4) In this section: "investigator"--see the Fair Trading (Consumer Affairs) Act 1973, dictionary. SECURITY INDUSTRY ACT 2003 - SECT 42 Wearing of licences etc (1) A person commits an offence if the person-- (a) holds an employee licence; and (b) carries out any of the following security activities: (i) patrol, guard, watch or protect property (including cash in transit); (ii) act as a bodyguard; (iii) act as a crowd controller; and (c) does not wear the licence so the licence number is clearly visible. Maximum penalty: 10 penalty units. (2) A person commits an offence if the person-- (a) holds an employee licence; and (b) carries out any of the following security activities: (i) act as a security consultant; (ii) sell security equipment; (iii) carry out surveys and inspections of security equipment; (iv) give advice about security equipment; (v) install, maintain, monitor, repair or service security equipment; and (c) either-- (i) does not carry the licence; or (ii) fails to produce it for inspection on demand by a person in relation to whom the person is carrying out the activities. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. (4) This section does not apply to-- (a) a person carrying on a security activity if-- (i) a regulation requires the person to wear another form of identification while carrying on the security activity; and (ii) the person wears the other form of identification while carrying on the security activity; or (b) a licensee if the commissioner for fair trading has exempted the licensee under section 42A. (5) In this section: "security consultant"--see section 13 (2). SECURITY INDUSTRY ACT 2003 - SECT 42A Exemption for wearing of licences etc (1) On application by a licensee, the commissioner for fair trading may, in writing, exempt a licensee from a provision of section 42 if satisfied that it is appropriate to exempt the licensee because of the special nature of the licensee's functions. (2) An exemption under subsection (1) may be subject to conditions. (3) A licensee commits an offence if the licensee contravenes a condition of the exemption. Maximum penalty: 10 penalty units. (4) An offence against this section is a strict liability offence. SECURITY INDUSTRY ACT 2003 - SECT 43 Licensee not to dispose of licence etc (1) A licensee commits an offence if the licensee-- (a) gives the licence, temporarily or permanently, to anyone; or (b) allows anyone else to use the licence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence. (3) This section does not apply if the licensee gives the licence to the commissioner for fair trading. SECURITY INDUSTRY ACT 2003 - SECT 44 Prohibition on delegation etc of functions (1) A licensee commits an offence if the licensee-- (a) either-- (i) delegates the carrying on of a security activity to a person; or (ii) purports to authorise a person to carry on a security activity; and (b) the delegate or person authorised is not licensed to carry on the security activity. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence. SECURITY INDUSTRY ACT 2003 - SECT 45 Master licensee not to employ unlicensed people (1) A person who holds a master licence commits an offence if-- (a) the person employs a person to carry on a security activity; and (b) the employee is not licensed to carry on the security activity. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence. SECURITY INDUSTRY ACT 2003 - SECT 46 Directions to master licensees about insurance etc (1) The Minister may give written directions to master licensees about the taking out of insurance, or the adoption of risk management plans. (2) A direction is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. SECURITY INDUSTRY ACT 2003 - SECT 47 Licensee to keep commissioner informed (1) A licensee commits an offence if-- (a) a detail included in the licence, or in the application for the licence, changes; and (b) the licensee does not tell the commissioner for fair trading about the change as soon as practicable after the licensee becomes aware of the change. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. SECURITY INDUSTRY ACT 2003 - SECT 48 Fees charged by unlicensed people (1) A person is not entitled to charge a fee in relation to a security activity unless the person is, or was, authorised to carry on the activity by a licence. (2) If a person charges a fee in contravention of this section, the fee cannot be sued for, recovered or kept by the person. SECURITY INDUSTRY ACT 2003 - SECT 49 Certificates as evidence (1) This section applies to a certificate signed by the commissioner for fair trading (or by a person holding an office prescribed by the regulations) certifying any of the following: (a) that a stated person was or was not, on a stated day or during a stated period, the holder of a licence; (b) that a licence was or was not, on a stated day or during a stated period, subject to stated conditions. (2) The certificate is admissible in any proceeding under this Act and is evidence of the matters stated in it. SECURITY INDUSTRY ACT 2003 - SECT 50 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. SECURITY INDUSTRY ACT 2003 - SECT 51 Approved forms (1) The commissioner for fair trading may, in writing, approve forms for this Act. (2) If the commissioner for fair trading approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. SECURITY INDUSTRY ACT 2003 - SECT 52 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) The regulations may make provision in relation to the following: (a) the keeping by the commissioner for fair trading of a register of licences and the particulars to be included in the register; (b) the accreditation of trainers and instructors to conduct training courses prescribed under the regulations; (c) security equipment; (d) methods and practices in relation to the security industry, including, for example, the following: (i) the carrying or display, by licensees, of means of identification and the production or surrender of that identification; and (ii) the wearing by licensees of uniforms, and the kinds of uniforms; and (iii) the markings that may be made on, and the design of any features of, a vehicle used by any person in or in relation to the carrying on of a security activity; and (iv) the preparation, keeping and maintenance, by licensees, of records and accounts, and the audit of accounts, in relation to the carrying on by the licensee of any business requiring a licence and the production and inspection of the records and accounts; Note An example is part of the Act, 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). (e) the procedure relating to applications for licences; (f) anything relating to licences, including-- (i) qualifications and conditions for licences; and Example membership of a trade or industry association Note An example is part of the Act, 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). (ii) details to be included on licences; and (iii) notification by licensees of any change in the details; (g) requiring holders of master licences to obtain stated insurance in relation to their security business. (3) The regulations may prescribe standards, or adopt or incorporate standards as in force from time to time, in relation to the security industry, including in relation to the following: (a) agreements for service in the security industry; (b) service quality; (c) confidentiality of personal information; (d) equipment standards; (e) advertising; (f) marketing practices; (g) reports about security incidents in relation to licensees. (4) The regulations may prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 20 penalty units for offences against the regulations. SECURITY INDUSTRY ACT 2003 - SCHEDULE 1 Schedule 1 Reviewable decisions (see div 3.10) column 1item column 2section column 3decision column 4entity 1 25 issue licence other than temporary licence subject to condition applicant for licence 2 25 refuse to issue licence other than temporary licence applicant for licence 3 26 issue temporary licence subject to condition applicant for licence 4 26 refuse to issue temporary licence applicant for licence 5 27 refuse to vary licence licensee 6 42A refuse to exempt licensee from a provision of s 42 licensee 7 42A exempt licensee from a provision of s 42 subject to condition licensee SECURITY INDUSTRY ACT 2003 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o ACT o contravene o exercise o found guilty o function o occupational discipline order o police officer o reviewable decision notice. "close associate"--see section 22. "employee licence"--see section 13. "ground for occupational discipline"--see section 30. "licence" means a licence under this Act. "licence number"--see section 28 (c). "licensee" means the holder of a licence. "master licence"--see section 12. "police certificate", for a person, means a written statement by the Australian Federal Police indicating-- (a) whether, according to the records held by the Australian Federal Police, the person has been charged with, or convicted of, an offence against a law of-- (i) the Territory; or (ii) the Commonwealth; or (iii) a State; or (iv) another country; and (b) if so--particulars of each offence. Note A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)). "property" includes money and other valuables. "relevant offence" means an offence against-- (a) this Act; or (b) any of the following Acts: (i) the Criminal Code; (ii) the Crimes Act 1900; (iii) the Firearms Act 1996; (iv) the Crimes Act 1914 (Cwlth); or (c) a law of the Commonwealth or a State corresponding, or substantially corresponding, to this Act or an Act mentioned in paragraph (b). "reviewable decision", for division 3.10 (Notification and review of decisions)--see section 36. "security activity"--see section 7. "security business"--see section 6. "security equipment"--see section 8. "temporary licence"--see section 15. "trainer licence"--see section 14. "variation", of a licence, means variation of the kind of security activity authorised by the licence. SECURITY INDUSTRY ACT 2003 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Security Industry Act 2003 A2003-4 notified LR 3 March 2003s 1, s 2 commenced 3 March 2003 (LA s 75 (1))remainder commenced 3 September 2003 (s 2 and LA s 79) as amended by Justice and Community Safety Legislation Amendment Act 2004 A2004-18 pt 11 notified LR 6 April 2004 s 1, s 2 commenced 6 April 2004 (LA s 75 (1)) pt 11 commenced 20 April 2004 (s 2) Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 15 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) pt 15 commenced 13 July 2004 (s 2 (3)) Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 11 notified LR 23 February 2005s 1, s 2 commenced 23 February 2005 (LA s 75 (1))pt 11 commenced 24 February 2005 (s 2 (2)) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.14 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.14 commenced 19 October 2006 (s 2 (3)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.94 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.94 commenced 12 April 2007 (s 2 (1)) Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.11 notified LR 13 June 2007 s 1, s 2 commenced 13 June 2007 (LA s 75 (1)) sch 1 pt 1.11 commenced 1 July 2007 (s 2 and CN2007-3) Regulatory Services Legislation Amendment Act 2008 A2008-5 pt 8 notified LR 15 April 2008 s 1, s 2 commenced 15 April 2008 (LA s 75 (1)) pt 8 commenced 1 July 2008 (s 2 and CN2008-7) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.47 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.47 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) 4 Amendment history Commencements 2 om LA s 89 (4) Application for licences 17 am A2008-5 s 58, s 59 General suitability criterias 21 am A2004-32 s 95, s 96 Public interests 23 am A2008-5 s 60 Decision on application for licence other than temporary licences 25 am A2008-36 amdt 1.610 Temporary licencess 26 am A2007-12 amdt 1.17 Occupational discipline--licenseesdiv 3.8 hdg sub A2008-36 amdt 1.611 Grounds for occupational disciplines 30 sub A2008-36 amdt 1.611 Commissioner may apply to ACAT for occupational disciplines 31 sub A2008-36 amdt 1.611 Action tribunal may takes 32 om A2008-36 amdt 1.611 Effect of suspensions 33 om A2008-36 amdt 1.611 Notification and review of decisionsdiv 3.10 hdg sub A2008-36 amdt 1.612 Meaning of reviewable decision--div 3.10s 36 am A2006-40 amdt 1.38 sub A2008-36 amdt 1.612 Reviewable decision noticess 36A ins A2008-36 amdt 1.612 Applications for reviews 37 sub A2004-18 s 33 am A2006-40 amdt 1.39 sub A2008-36 amdt 1.612 Licence to be produced on requests 41 sub A2005-5 s 40 am A2007-3 amdt 3.476 Wearing of licences etcs 42 sub A2005-5 s 40; A2006-40 amdt 1.40 Exemption for wearing of licences etcs 42A ins A2006-40 amdt 1.40 Regulation-making powers 52 hdg sub A2004-32 s 97s 52 am A2004-32 s 98 Consequential amendments--sch 1s 53 om LA s 89 (3) Transitional provisionspt 6 hdg exp 3 September 2006 (s 62) Definitions for pt 6s 54 exp 3 September 2006 (s 62) All codes--principals 55 exp 3 September 2006 (s 62) ACI code--employees 56 exp 3 September 2006 (s 62) BI code--employees 57 exp 3 September 2006 (s 62) CMI code--employees 58 exp 3 September 2006 (s 62) CTI code, GPSI code--employees 59 exp 3 September 2006 (s 62) People taken to be licensed under pt 6s 60 exp 3 September 2006 (s 62) Modification of pt 6's operations 61 exp 3 September 2004 (s 61 (2)) Expiry of pt 6s 62 exp 3 September 2006 (s 62) Reviewable decisionssch 1 om LA s 89 (3) ins A2008-36 amdt 1.613 Dictionarydict am A2008-36 amdt 1.614 def ground for occupational discipline ins A2008-36 amdt 1.615 def grounds for disciplinary action om A2008-36 amdt 1.615 def police certificate ins A2008-5 s 61 def reviewable decision ins A2008-36 amdt 1.615 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 3 September 2003 2 A2004-18 20 April 2004 3 A2004-32 13 July 2004 4 A2004-32 4 September 2004 5 A2005-5 24 February 2005 6 A2005-5 4 September 2006 7 A2006-40 19 October 2006 8 A2007-3 12 April 2007 9 A2007-12 1 July 2007 10 A2008-5 1 July 2008 (c) Australian Capital Territory 2009 SECURITY INDUSTRY ACT 2003 - NOTES Australian Capital Territory A2003-4 Republication No 11 Effective: 2 February 2009 Republication date: 2 February 2009 Last amendment made by A2008-36Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Security Industry Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 February 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 2 February 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Security Industry Act 2003 Endnotes Australian Capital Territory Security Industry Act 2003