New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 51)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following:this ActSecurity Industry Amendment Act 2002Security Industry Amendment Act 2005Security Industry Amendment Act 2008
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In
this Part:
"existing licence" means a licence:
(a) that was issued under the former Act, and
(b) that was in force immediately before the repeal of the former Act by this Act."former Act" means the Security (Protection) Industry Act 1985 .
(1) Subject to the regulations, an existing licence:(a) is taken to be a licence of the corresponding kind (as determined by the Commissioner) granted under this Act, and(b) continues, unless it is sooner surrendered by the holder or suspended or revoked under this Act, in force for the unexpired portion of its term, and(c) cannot be renewed.Note: All existing licences will terminate during the year following the repeal of the former Act because they are annual licences.
(2) The conditions to which an existing licence is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act, and any such condition may be varied or revoked in accordance with this Act.
An application for a licence made under the former Act that was not finally determined before the repeal of the former Act by this Act is void and does not have any operation with respect to this Act.
Any proceedings before a Local Court that were instituted before the repeal of the former Act and not determined before that repeal, being proceedings arising out of a licensing decision under the former Act, are to be determined as if this Act had not been enacted.
(1) If the former Act is repealed before the commencement of the Administrative Decisions Tribunal Act 1997 , the provisions of the former Act relating to the review of licence applications by a Local Court and to appeals to a Local Court against the cancellation and suspension of licences, continue, subject to the regulations, to apply in relation to decisions under this Act until such time as the Administrative Decisions Tribunal Act 1997 commences.
(2) If proceedings are commenced in a Local Court in accordance with subclause (1) but are not determined when the Administrative Decisions Tribunal Act 1997 commences, the provisions referred to in subclause (1) continue to apply to those proceedings until such time as they are determined by the Local Court.
Except as provided by the regulations, a reference in any instrument (other than this Act or the regulations) to any provision of the Security (Protection) Industry Act 1985 , or the Security (Protection) Industry Regulation 1995 , is to be read as a reference to the corresponding provision of this Act, or the regulations made under this Act, respectively.
(1) Sections 15 (1) (e) and 26 (1A), as inserted by the Security Industry Amendment Act 2002 , do not operate to require the Commissioner to revoke a licence that is in force on the commencement of those provisions.
(2) Section 15 (1) (e) extends to an application for a new licence that was made but not determined before the commencement of that paragraph.
(3) For the avoidance of doubt, an application for a new licence includes an application for a new licence by a person who holds, or has previously held, a licence.
Section 18 (4)-(6), as inserted by the Security Industry Amendment Act 2002 , extend to fingerprints that were obtained from the person in accordance with a requirement under section 18 (2), and any copies of them, and kept by the Commissioner on the commencement of those subsections.
Section 45 (2), as inserted by the Security Industry Amendment Act 2002 , does not apply to an offence committed before the commencement of that subsection.
In this Part, "amending Act" means the Security Industry Amendment Act 2005 .
(1) Subject to the regulations:(a) an existing licence that is a master licence is taken to be a master licence of the corresponding kind granted under this Act (as amended by the amending Act) as follows:(i) an existing master licence that authorises the licensee (who is self-employed) to provide his or her services to carry on security activities is taken to be a class MA licence,(ii) an existing master licence that authorises the licensee to employ or provide no more than 10 persons to carry on security activities is taken to be a class MB licence,(iii) an existing master licence that authorises the licensee to employ or provide between 11 and 50 persons to carry on security activities is taken to be a class MC licence,(iv) an existing master licence that authorises the licensee to employ or provide more than 50 persons to carry on security activities is taken to be a class MD licence, and(b) an existing class 1 or class 2 licence is taken to be a class 1 or class 2 licence of the corresponding kind granted under this Act (as amended by the amending Act) as follows:(i) an existing class 1A licence is taken to be:(A) a class 1A, 1D, 1E or 1G licence (as determined by the Commissioner), or(B) if the licensee is authorised by a licence or permit under the Firearms Act 1996 to use and possess firearms in carrying out a security activity-a class 1A, 1D, 1E, 1F or 1G licence (as determined by the Commissioner),(ii) an existing class 1B licence is taken to be a class 1B licence,(iii) an existing class 1C licence is taken to be a class 1C licence,(iv) an existing class 2A licence is taken to be a class 2A licence,(v) an existing class 2B licence is taken to be a class 2B licence,(vi) an existing class 2C licence is taken to be a class 2C, 2E or 2F licence (as determined by the Commissioner),(vii) an existing class 2D licence is taken to be a class 2D licence, and(c) an existing licence, unless it is sooner surrendered by the holder or suspended or revoked under this Act, remains in force for the unexpired portion of its term, and(d) the holder of an existing licence that expires can apply for a new licence in accordance with this Act.
(2) Accordingly, a reference in any Act (other than this Act) or statutory instrument, or in any other instrument, or in any contract or agreement, to an existing licence of a particular kind is to be construed as a reference to a licence of the corresponding kind as determined in accordance with subclause (1) (a) or (b).
(3) The conditions to which an existing licence is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act (as amended by the amending Act) and any such condition may be varied or revoked in accordance with this Act.
(4) In this clause:
"existing licence" means a licence in force immediately before the commencement of this clause.
An application for a licence that was not finally determined before the commencement of an amendment to a provision made by the amending Act is to be investigated and determined in accordance with the provision as amended.
(1) Section 21 (3), as substituted by the amending Act, extends to a licence in force immediately before the commencement of that substitution.
(2) Sections 23AA and 23B, as inserted by the amending Act, extend to a licence in force immediately before the commencement of those sections.
(1) This clause applies to any person who:(a) immediately before the commencement of this clause, was an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001 ), and(b) carried on security activities in the course of his or her apprenticeship or traineeship with a person who is authorised by a licence to carry on those security activities, and(c) would not be refused a licence because of section 16.
(2) A person to whom this clause applies is, for the purposes of section 15 (2) (a) (i) (as inserted by the amending Act), taken to have held a provisional licence so long as the person has completed his or her apprenticeship or traineeship.
Section 38A, as inserted by the amending Act, does not apply to a contract or subcontract entered into before the commencement of that section.
In this Part, "amending Act" means the Security Industry Amendment Act 2008 .
(1) Section 23D (2), as inserted by the amending Act, extends to a licence in force immediately before the commencement of the insertion as if it required the licensee to successfully complete the approved training referred to in that section within such period after the commencement as is determined by the Commissioner and notified to the licensee.
(2) Section 23D (3) does not operate to require the Commissioner to revoke a licence referred to in subclause (1) unless the licensee fails to successfully complete the approved training within the period determined by the Commissioner.
Section 14 (6), as inserted by the amending Act, does not apply to or in respect of an application for a licence that was lodged but was not finally determined before the commencement of that subsection.
The amendments made to sections 11 and 12A of this Act by the Statute Law Miscellaneous Provisions Act (No 2) 2011 do not affect the authority conferred by a licence under this Act.
The delegation by the Commissioner under section 43 (1) of this Act dated 22 February 2010 is taken to include, and to have included from 21 March 2011, a delegation to the persons holding the following offices:
(a) Commander, State Crime Command, NSW Police Force,
(b) Director, Security Licensing and Enforcement Directorate, State Crime Command, NSW Police Force.
The sub-delegation by the Registrar of the Security Industry Registry under section 43 (2) of this Act dated 25 February 2010 is taken to include, and to have included from 21 March 2011, a sub-delegation to the persons holding the following offices in the Security Licensing and Enforcement Directorate, State Crime Command, NSW Police Force:
(a) General Manager, Industry Regulation,
(b) General Manager, Operations,
(c) Manager, Adjudication,
(d) Manager, Approved Training,
(e) Manager, Assessment and Prevention,
(f) Manager, Compliance and Enforcement,
(g) Manager, Customer Relations,
(h) Manager, Licensing Services,
(i) Senior Auditor,
(j) Auditor,
(k) Senior Compliance Enforcement Officer,
(l) Compliance and Enforcement Officer,
(m) Corruption Prevention and Risk Management Officer,
(n) Senior Assessment Officer,
(o) Assessment Officer,
(p) Adjudication Officer.