New South Wales Consolidated Acts

SECURITY INDUSTRY ACT 1997

- As at 1 April 2009
- Act 157 of 1997

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Carrying on a “security activity”
   5.      Meaning of “close associate”
   6.      Application of Act

   PART 2 - LICENCES

           Division 1 - Requirement for licence

   7.      Offence of carrying on unauthorised security activities
   8.      Licences do not confer additional powers

           Division 2 - Licence classification

   9.      Classes of licences
   10.     Master licences
   11.     Class 1 licences
   12.     Class 2 licences
   12A.    Provisional licences
   13.     (Repealed)

           Division 3 - Licensing procedures and criteria

   14.     Application for licence
   15.     Restrictions on granting licence-general suitability criteria
   16.     Restrictions on granting licence-criminal and other related history
   16A.    Restrictions on granting licence-conflict of interest for police officers
   17.     (Repealed)
   18.     Investigation of licence application
   19.     Applications by serving and former police officers
   20.     Commissioner may require further information
   21.     Grant and conditions of licence
   22.     Form of licence
   23.     Master licence-condition relating to certain employees and others
   23AA.   Special conditions-authority to carry firearms
   23A.    Special conditions-uniforms must be worn when carrying firearms
   23B.    Special conditions-storage of firearms in certain residential premises
   23C.    Special conditions-class P1F licences
   23D.    Special conditions-dog handling security services
   24.     Term of licence
   25.     Suspension of licence
   26.     Revocation of licence
   27.     Variation of licence
   28.     (Repealed)

           Division 4 - Review of licensing decisions

   29.     Right to seek review from Administrative Decisions Tribunal

   PART 3 - MISCELLANEOUS OFFENCES RELATING TO LICENCES

   29A.    Offence of permitting employee who is provisional licensee to carry on unsupervised security activity
   29B.    Certain licensees must be employed by other licensees
   30.     Contravention of licence conditions
   31.     Surrender of suspended or revoked licence
   32.     Advertising
   33.     Misrepresentation and related offences
   34.     Abuse of authority conferred by licence
   35.     Licence to be produced on demand
   36.     Licence to be worn by licensee
   37.     Licensee not to sell or dispose of licence
   38.     Prohibition of delegation of functions
   38B.    Supervising or monitoring licensees
   38C.    Rostering or scheduling of licensed persons to carry on security activities
   39.     Master licensee not to employ unlicensed persons
   39A.    Master licensee to submit any firearms for ballistics tests
   39B.    Master licensee to have “fitness for work” policy

   PART 4 - MISCELLANEOUS PROVISIONS

   40.     Power of court to suspend licence
   41.     Payment of fees charged by unlicensed persons
   42.     Search warrant
   42A.    Further powers of inspection and seizure
   43.     Delegation by Commissioner
   43A.    Security Industry Council
   44.     Offences by corporations
   45.     Proceedings for offences
   45A.    Penalty notices
   46.     Service of notices
   47.     Certificate and other evidence
   48.     Regulations
   49.     (Repealed)
   50.     Repeal of Security (Protection) Industry Act 1985 and Security (Protection) Industry Regulation 1995
   51.     Savings and transitional provisions
   52.     Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2