New South Wales Consolidated Regulations

SECURITY INDUSTRY REGULATION 2007 - REG 40

40 Uniforms and vehicle markings

(1) A reference in this clause to any guidelines prepared by the Commissioner is a reference to the guidelines:

(a) made publicly available by the Commissioner, and

(b) in force as at the commencement of this Regulation.

(2) The Commissioner may prepare guidelines with respect to:

(a) the character and design of uniforms to be worn in connection with the carrying on of security activities (including in connection with carrying on specified security activities), and

(b) the markings that may be made on, and the design of any specified features of, vehicles used in connection with the carrying on of security activities.

(3) Any such guidelines are to provide that the relevant uniforms and vehicles cannot resemble the uniforms of police officers or the marked vehicles of the NSW Police Force.

(4) If the guidelines provide for the wearing of a uniform in connection with the carrying on of a security activity, a person must, in the course of carrying on that activity, wear a uniform that complies with the guidelines for that activity.

Maximum penalty: 2 penalty units.

(5) If the guidelines provide for the wearing of a uniform in connection with the carrying on of a security activity, the employer of a person who is carrying on that activity must ensure that the person, in the course of carrying on that activity, wears a uniform that complies with the guidelines for that activity.

Maximum penalty:

(a) in the case of a corporation-5 penalty units, or

(b) in the case of an individual-2 penalty units.

(6) The Commissioner may, by notice in writing to a person or to the employer of a person, advise:

(a) that the character or design of the uniform worn by the person, by reason of some feature specified in the notice, does not accord with the relevant guidelines, or

(b) that the vehicle used by the person, by reason of some marking or feature specified in the notice, does not accord with the relevant guidelines.

(7) A person to whom any such advice has been notified in relation to a uniform or vehicle must not wear the uniform or use the vehicle, or permit the person’s employees to do so, until the feature or marking that does not accord with the relevant guidelines has been corrected or removed.

Maximum penalty:

(a) in the case of a corporation-40 penalty units, or

(b) in the case of an individual-20 penalty units.