New South Wales Consolidated Acts

SECURITY INDUSTRY ACT 1997 - SECT 4

4 Carrying on a “security activity”

(1) For the purposes of this Act, a person carries on a "security activity" if the person carries on any one or more of the following activities in the course of conducting a business or in the course of the person’s employment:

(a) acting as a bodyguard or acting in a similar capacity,

(b) acting as a crowd controller, or acting in a similar capacity, by physical or electronic means,

(c) patrolling, protecting, watching or guarding any property, by physical means (which may involve the use of dogs or the possession or use of firearms) or by electronic means, in any one or more of the following circumstances:

(i) carrying on control room operations,

(ii) carrying on monitoring centre operations,

(iii) carrying on retail loss prevention,

(iv) patrolling, protecting, watching or guarding cash (including cash in transit) or other valuables,

(v) patrolling, protecting, watching or guarding an airport or any other infrastructure,

(d) installing, maintaining, repairing or servicing, by physical or electronic means:

(i) any security equipment, or

(ii) any mechanical, electronic, acoustic or other equipment that the person installing, maintaining, repairing or servicing the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection or watching of any property,

(e) selling:

(i) any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or

(ii) any mechanical, electronic, acoustic or other equipment that the person selling the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection or watching of any property,

(f) selling security methods or principles,

(g) selling the services of persons to carry on any security activity referred to in this section,

(h) providing advice in relation to security equipment (other than basic household or automotive security items at approved classes of retail outlets), including providing product advice in relation to security equipment,

(h1) providing advice in relation to the identification and analysis of security risks and providing solutions or management strategies to minimise security risks,

(i) providing advice in relation to any other mechanical, electronic, acoustic or other equipment (other than basic household or automotive security items at approved classes of retail outlets) that the person providing the advice purports to be equipment that is designed or adapted to provide or enhance security or for the protection or watching of any property,

(j) providing training or instruction in relation to any security activity referred to in this section,

(k) assessing another person’s training, instruction or competencies in relation to any security activity referred to in this section,

(l) supervising or monitoring, for fee or reward, any person who is carrying on a security activity authorised by a provisional licence,

(m) employing or providing persons, or arranging by contract, franchise or other arrangement with another person for the purpose of that other person employing or providing persons, to carry on any security activity referred to in this section,

(n) acting as an agent for, or otherwise obtaining contracts for:

(i) the supply of persons to carry on any security activity referred to in this section, or

(ii) the supply of any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or

(iii) the supply of any security activity referred to in this section,

(o) brokering any security activity referred to in this section, by acting or purporting to act as an intermediary to negotiate and obtain any such activity for a person (other than the person’s employer or a principal who is not a client of the person) in return for a commission or financial benefit,

(p) any other activity, or class of activities, that is connected with security or the protection of persons or property, whether by physical or electronic means, and that is prescribed by the regulations for the purposes of this section.

(2) In this section:
"basic household or automotive security item" has the meaning given by the regulations.
"bodyguard" means a person who is employed or engaged for the purpose of providing close personal protection to another person.
"crowd controller" means a person who, in respect of any licensed premises (within the meaning of the Liquor Act 2007 ), public entertainment venue or public or private event or function, as part of his or her regular duties performs for remuneration any of the following functions:

(a) controlling or monitoring the behaviour of persons,

(b) screening persons seeking entry,

(c) removing persons for behavioural or other reasons,

(d) any other function prescribed by the regulations.