Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(1) The following people are exempt from the application of the Act:
(a) a custodial officer;
(b) a police officer;
Note Police officer is defined in the Legislation Act, dict, pt 1.
(c) the sheriff, a deputy sheriff and sheriff's assistant under the Supreme Court Act 1933 ;
(d) the chief officer (fire brigade) and any other member of the fire brigade;
(e) the chief officer (rural fire service) and any other member of the rural fire service;
(f) a public servant who carries on a security activity in the Assembly precincts;
Note Public servant is defined in the Legislation Act, dict, pt 1.
(g) an inspector under the Liquor Act 1975 ;
(h) a person who, in the course of the person's employment with an employer, gives advice in relation to security affecting the employer's business if—
(i) the person does not carry on any other security activity for the employer; and
(ii) the employer does not carry on a security business;
(i) a person who, in the course of the person's employment with an employer, installs, maintains, monitors, repairs or services security equipment in relation to the employer's business if—
(i) the person does not carry on any other security activity for the employer; and
(ii) the employer does not carry on a security business;
(j) a person who is carrying on a security activity in relation to an information system (including the computer hardware for the system);
(k) a person who is a casino employee under the Casino Control Act 1988 .
Note Commonwealth officers, such as members of the Defence Force and protective service officers, are not bound by the Security Industry Act 2003 . The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 27 states that, except as provided by regulations under that Act, an ACT enactment does not bind the Crown in right of the Commonwealth. The Australian Capital Territory (Self-Government) Regulations (Cwlth), reg 3B states that if an enactment mentioned in the schedule to the regulations is expressed to bind the Crown or to apply to any act, matter or thing affecting the Crown or the Commonwealth, or provides that any act, matter or thing done under the enactment binds the Crown, then the Crown in right of the Commonwealth is bound. The Security Industry Act 2003 is not listed in the schedule.
(2) The following people are exempt from the requirement to hold a trainer licence:
(a) a person who provides training in relation to security activities in a training course other than a training course prescribed under section 8 (Prescribed training courses for employee licences—Act, s 21 (1) (a) (ii));
(b) a person who provides a first-aid training course as part of a training course prescribed under section 8 who—
(i) holds the qualification for satisfactory completion of the first-aid training course or a first-aid training course that the commissioner for fair trading is satisfied leads to a higher qualification; and
(ii) holds a Certificate IV in Assessment and Workplace Training.
(3) In this section:
"Assembly precincts"—see the Legislative Assembly Precincts Act 2001 , dictionary.
"custodial officer" means—
(a) a corrections officer; or
(b) a youth detention officer under the Children and Young People Act 2008 , section 96; or
(c) a transfer escort (other than a police officer) under the Children and Young People Act 2008 , division 5.2.1; or
(d) a prison officer under the Crimes (Sentence Administration) Act 2005 , section 217 (Definitions—pt 11.1) or a person appointed as an escort under the Crimes (Sentence Administration) Act 2005 , section 240 (3) (Interstate transfer—transfer in custody of escort), definition of "escort", paragraph (c); or
(e) a prison officer or another officer (other than a police officer) mentioned in the Crimes (Sentence Administration) Act 2005 , section 257 (International transfer—functions of prison officers, police officers etc).
"information system"—see the Electronic Transactions Act 2001 ,
dictionary.