SECURITY INDUSTRY AMENDMENT ACT 2005 - As at 1 July 2008 - Act 63 of 2005 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Amendment of Security Industry Act 1997 No 157 4. (Repealed) SCHEDULE 1 SECURITY INDUSTRY AMENDMENT ACT 2005 - LONG TITLE An Act to amend the Security Industry Act 1997 to make further provision with respect to the licensing and regulation of persons in the security industry; and for other purposes. SECURITY INDUSTRY AMENDMENT ACT 2005 - SECT 1 Name of Act 1 Name of Act This Act is the Security Industry Amendment Act 2005. SECURITY INDUSTRY AMENDMENT ACT 2005 - SECT 2 Commencement 2 Commencement This Act commences on a day or days to be appointed by proclamation. SECURITY INDUSTRY AMENDMENT ACT 2005 - SECT 3 Amendment of Security Industry Act 1997 No 157 3 Amendment of Security Industry Act 1997 No 157 The Security Industry Act 1997 is amended as set out in Schedule 1. SECURITY INDUSTRY AMENDMENT ACT 2005 - SCHEDULE 1 SCHEDULE 1 – Amendment of Security Industry Act 1997 (Section 3) [1]–[64] [65] Sections 38A–38C Insert after section 38: 38A Prohibition on unauthorised subcontracting (1) This section applies if: (a) a master licensee ( "the principal") is engaged by a person ( "the client") for the provision of any security activity other than the provision of a restricted security keying system, and (b) the principal delegates any of the principal’s functions under the contract to another master licensee ( "the subcontractor"). (2) The principal must ensure that the contract for service between the principal and the subcontractor is co-signed and approved by the client before any security activity is provided under the contract. Maximum penalty: (a) in the case of a corporation—200 penalty units, or (b) in the case of an individual—100 penalty units or imprisonment for 6 months, or both. (3) If the subcontractor further subcontracts any of the security activities under the contract for service to another person ( "the further subcontractor"), the subcontractor must ensure that the contract for service between the subcontractor and the further subcontractor is co-signed and approved by the client and the principal before any security activity is provided under the contract. Maximum penalty: (a) in the case of a corporation—200 penalty units, or (b) in the case of an individual—100 penalty units or imprisonment for 6 months, or both. (4) Compliance with this section does not excuse non-compliance with section 38. 38B Supervising or monitoring licensees (1) A person ( "the relevant person") must not, for fee or reward, supervise or monitor the performance of a person who holds a provisional licence unless the relevant person is the holder of a class 1 licence authorising the relevant person to carry on the security activity to which the provisional licence relates. Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. (2) A person ( "the relevant person") must not, for fee or reward, supervise or monitor the performance of a person who holds a class 1 or class 2 licence unless the relevant person is: (a) the holder of a master licence, or (b) in the case of a master licence held by a corporation, government agency or public authority—the person nominated by the corporation, agency or authority for the purpose of such supervision or monitoring, or (c) the holder of a licence authorising the relevant person to carry on the security activity to which the class 1 or class 2 licence relates. Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 38C Rostering or scheduling of licensed persons to carry on security activities A person ( "the relevant person") must not, for fee or reward, roster or schedule the carrying on of any security activity by a person who holds a class 1 licence, class 2 licence or provisional licence if the relevant person is not eligible to hold a licence because of section 16. Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. [66]–[88] SECURITY INDUSTRY AMENDMENT ACT 2005 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsSecurity Industry Amendment Act 2005 No 63. Second reading speech made: Legislative Assembly, 21.6.2005; Legislative Council, 23.6.2005. Assented to 1.7.2005. Date of commencement (except sec 3, Sch 1 [5]–[7], so much of Sch 1 [8] as inserts sec 6 (2A) in the Security Industry Act 1997, and Sch 1 [47] [54] [65] to the extent that it inserts proposed sec 38A in the Security Industry Act 1997 and [80]), 1.9.2007, sec 2 and GG No 98 of 3.8.2007, p 5339; date of commencement of sec 3, Sch 1 [5]–[7] and so much of Sch 1 [8] as inserts sec 6 (2A) in the Security Industry Act 1997, 14.7.2006, sec 2 and GG No 92 of 14.7.2006, p 5474; date of commencement of Sch 1 [47], 1.6.2007, sec 2 and GG No 72 of 1.6.2007, p 3050; Sch 1 [54] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2006 No 120; date of commencement of Sch 1 [65] to the extent that it inserts proposed sec 38A in the Security Industry Act 1997: not in force; Sch 1 [80] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2007 No 27. This Act has been amended as follows: _____________________________________________________________________ | | |Statute Law (Miscellaneous Provisions) | |2005|No 98 |Act (No 2) 2005. Assented to 24.11.2005. | | | | | |_____________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2006|No 58 |Act 2006. Assented to 20.6.2006. | | | | | |_____________________________________________________________________| | | |Statute Law (Miscellaneous | | |No 120|Provisions) Act (No 2) 2006. Assented to 4.12.2006. | | | | | |_____________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | | |Act 2007. Assented to 4.7.2007. | |2007|No 27 | | | | |Date of commencement of Sch 4, assent, sec 2 (2); date of| |_____________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2008|No 62 |Act 2008. Assented to 1.7.2008. | | | | | |_____________________________________________________________________| Table of amendments ___________________________________________________________________________ |___________________________________________________________________________| |Sch 1|Am 2005 No 98, Sch 1.22 [1]–[3]; 2006 No 58, Sch 2.50; 2006 No 120,| |___________________________________________________________________________|