Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Security Industry Act 1997 (the Principal Act):

(a) to provide for visitor permits to enable persons licensed or authorised in other
States or Territories to carry on security activities to carry out security
activities for special events in this State, and

(b) to exclude the application of section 12 of the Criminal Records Act 1991 in
relation to licence applications to allow the Commissioner to take any spent
conviction into account in determining whether a person should be granted a
licence, and

(c) to require holders of class P1D licences to complete approved training
provided by approved master licensees providing dog handling security
services.

The Bill also makes related amendments to the Firearms Act 1996 and the Security
Industry Regulation 2007.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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Security Industry Amendment Bill 2008
Explanatory note
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Security
Industry Act 1997 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Firearms
Act 1996 and Security Industry Regulation 2007 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Security Industry Act
1997
Schedule 1 [8] inserts proposed Part 3A into the Principal Act to provide that a
visitor permit authorises an interstate licensee to carry on security activities specified
in the visitor permit during the period of a special event declared by the
Commissioner. An interstate licensee must supply evidence that the licensee is
authorised or licensed in another State or Territory to carry out the security activities
specified in the visitor permit and any additional information required by the
Commissioner. The Commissioner may refuse to grant a visitor permit where such
evidence or information is not supplied to the Commissioner’s satisfaction or if the
Commissioner is satisfied that the applicant is not a fit and proper person or that the
special event does not require provision of security activities of the kind specified in
the application. Proposed section 39F makes it an offence for the holder of a visitor
permit to contravene any condition of the visitor permit. Schedule 1 [1] inserts a
definition of visitor permit. Schedule 1 [2], [3], [6], [7] and [9] make consequential
amendments relating to the creation of visitor permits. Schedule 1 [10] inserts a
regulation-making power in relation to visitor permits.

Schedule 1 [4] inserts proposed section 14 (6) into the Principal Act to exclude the
application of section 12 of the Criminal Records Act 1991 in relation to applications
for licences under the Principal Act to allow the Commissioner to take any spent
conviction into account in determining whether a person should be granted a licence.

Schedule 1 [5] inserts proposed section 23D into the Principal Act to require holders
of class P1D licences to complete approved training by an approved master licensee
providing dog handling security services.

Schedule 1 [11] enables the making of savings and transitional regulations
consequential on the enactment of the proposed Act.

Schedule 1 [12] inserts savings and transitional provisions relating to the
amendments made by Schedule 1 [4] and [5]. Holders of class P1D licences in force
immediately before the commencement of proposed section 23D will be required to
complete the relevant approved training within such period as the Commissioner

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Security Industry Amendment Bill 2008
Explanatory note
determines. The exclusion of the application of section 12 of the Criminal Records
Act 1991 will not apply to an application for a licence that was not finally determined
before the commencement of proposed section 14 (6).

Schedule 2 Other amendments
Schedule 2.1 amends the Firearms Act 1996 to apply the Commissioner’s power to
revoke a firearms licence to a visitor permit that authorises the licensee to carry out
security activities of a kind authorised by a P1F licence and to extend the right for
police officers to inspect storage of firearms held by security guard employers to
holders of a visitor permit authorised under the Principal Act to carry out security
activities of a kind authorised by a master licence.

Schedule 2.2 [1] amends the Security Industry Regulation 2007 to exclude from
obtaining a security licence those persons who have received a fine of $500 or more,
or a term of imprisonment, or both, for offences relating to prohibited plants or
prohibited drugs within the meaning of the Drug Misuse and Trafficking Act 1985 or
prescribed restricted substances within the meaning of the Poisons and Therapeutic
Goods Regulation 2008. Schedule 2.2 [2] prescribes the fee and the information and
particulars that must accompany an application for a visitor permit. Schedule 2.2 [3]
inserts a transitional provision relating to the proposed exclusion in Schedule 2.2 [1].

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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