New South Wales Consolidated Acts

SECURITY INDUSTRY ACT 1997 - SECT 6

6 Application of Act

(1) Except as provided by this section, this Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

(2) This Act does not apply to or in respect of any person who is employed in the capacity of:

(a) a police officer or other member of the NSW Police Force, or

(b) a police officer of the Commonwealth, another State or a Territory, or

(c) a member of the armed forces of the Commonwealth, or

(d) a special constable appointed under Part 4 of the Police Offences Act 1901 and employed by the Commissioner,

while, and to the extent that, the person is performing official duties in that capacity or in the course of that employment.

(2A) This Act does not apply to or in respect of any person who is employed by or in:

(a) the New South Wales Crime Commission, or

(b) the Australian Crime Commission, or

(c) the Police Integrity Commission, or

(d) the Independent Commission Against Corruption, or

(e) the Department of Corrective Services as a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999 ), or

(f) the Department of Juvenile Justice, or

(g) any other agency responsible for the enforcement of criminal laws of the State, of the Commonwealth or of another State or Territory,

while, and to the extent that, the person is performing official duties in the course of that employment.

(2B) The Commissioner may, on application by a person who provides training or instruction in relation to a security activity of a kind authorised by a class 2 licence, exempt the person from the requirement under section 7 (2) to be licensed to provide that training or instruction.

(2C) An exemption under subsection (2B):

(a) is to be specified in a written notice given to the person concerned, and

(b) is subject to such terms and conditions as the Commissioner may specify in the notice, and

(c) may be revoked at any time by the Commissioner.

(3) The regulations may exempt any person or class of persons from the operation of this Act in such circumstances, and subject to such conditions, as may be specified in the regulations. Any such regulation may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption.