New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 3)
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.