NORTHERN TERRITORY OF AUSTRALIA PRIVATE SECURITY (SECURITY FIRMS) REGULATIONS As in force at 22 August 2007 TABLE OF PROVISIONS Regulation 1. Citation 2. Disqualifying offences 3. Form 4. Information to be provided by applicant 5. Fees 6. Offences SCHEDULE Endnotes NORTHERN TERRITORY OF AUSTRALIA ____________________ This reprint shows the Regulations as in force at 22 August 2007. Any amendments that commence after that date are not included. ____________________ PRIVATE SECURITY (SECURITY FIRMS) REGULATIONS Regulations under the Private Security Act 1. Citation These Regulations may be cited as the Private Security (Security Firms) Regulations. 2. Disqualifying offences For the definition of "disqualifying offence" in section 3 of the Act, the following offences are prescribed in relation to a security firm's licence: (a) an offence against section 69, 132, 156, 160, 165, 166, 177, 181, 182, 186, 188(2), 189A, 189, 192, 192B, 193, 194, 195, 196, 210, 211, 212, 227, 228, 229, 231, 233 or 239 of the Criminal Code; (b) an offence against section 188(1) of the Criminal Code where a circumstance of aggravation as specified in subsection (2) exists; (c) an offence against section 210 of the Criminal Code where a custodial sentence is imposed that is wholly or partially served; (d) an offence against section 59, 61, 63A, 74, 77, 82, 83, 84, 85 or 86 of the Firearms Act; (e) an offence against section 5, 6, 7, 8, 9(1), 16 or 17 of the Misuse of Drugs Act; (f) an offence against section 6, 7, 8 or 9 of the Weapons Control Act; (g) an offence against a law of the Commonwealth where the penalty for the offence is imprisonment for 2 years or more. 3. Form For the purposes of section 14(1) of the Act, the prescribed form for an application for a security firm's licence is the form in the Schedule. 4. Information to be provided by applicant For the purposes of section 14(5) of the Act, the following information is prescribed in relation to an application for a security firm's licence: (a) 2 identical current passport-sized photographs; and (b) the fingerprints of, where the applicant is - (i) a natural person - the applicant; (ii) a partnership - each partner in the partnership; or (iii) a corporation - each officer, within the meaning of section 17(1) of the Act, of the corporation. 5. Fees (1) For section 18(6) of the Act, the fee for granting a security firm's licence is - (a) if the applicant is a natural person - (i) 400 revenue units - if the licence is granted for one year; or (ii) 600 revenue units - if the licence is granted for 2 years; or (iii) 800 revenue units - if the licence is granted for 3 years; or (b) if the applicant is a partnership - (i) 400 revenue units for each partner - if the licence is granted for one year; or (ii) 600 revenue units for each partner - if the licence is granted for 2 years; or (iii) 800 revenue units for each partner - if the licence is granted for 3 years; or (c) if the applicant is a corporation - (i) 800 revenue units - if the licence is granted for one year; or (ii) 1 200 revenue units - if the licence is granted for 2 years; or (iii) 1 600 revenue units - if the licence is granted for 3 years. (2) For section 24(2) of the Act, the fee for renewing a security firm's licence is - (a) if the applicant is a natural person - (i) 400 revenue units - if the licence is renewed for one year; or (ii) 600 revenue units - if the licence is renewed for 2 years; or (iii) 800 revenue units - if the licence is renewed for 3 years; or (b) if the applicant is a partnership - (i) 400 revenue units for each partner - if the licence is renewed for one year; or (ii) 600 revenue units for each partner - if the licence is renewed for 2 years; or (iii) 800 revenue units for each partner - if the licence is renewed for 3 years; or (c) if the applicant is a corporation - (i) 800 revenue units - if the licence is renewed for one year; or (ii) 1 200 revenue units - if the licence is renewed for 2 years; or (iii) 1 600 revenue units - if the licence is renewed for 3 years. (3) For section 25(1A) of the Act, the fee is 20 revenue units. 6. Offences (1) A security firm must not engage in the business of supplying, for reward, the services of crowd controllers or security officers unless the firm has the licences and permits required by a law in force in the Territory to engage in the business. Maximum penalty: 20 penalty units. (2) A security firm must not later than 30 days after changing its address notify the licensing authority of its new address. Maximum penalty: 20 penalty units. (3) A security firm must ensure that a register of security officers, containing accurate records of information referred to in subregulation (5), is kept in a manner approved by the licensing authority. Maximum penalty: 20 penalty units. (4) An employer must permit an inspector to examine the register kept under subregulation (3). Maximum penalty: 20 penalty units. (5) For subregulation (3), the information that must be kept by a security firm is - (a) the name and residential address of each security officer employed by it; and (b) the number assigned by the licensing authority to the security officer's licence; and (c) for each day on which the security officer provides his or her services as a security officer, the number assigned to the security officer by the security firm; and (d) the date of, and details in relation to, each incident in which physical force was used by or against the security officer while the security officer was providing his or her services as a security officer. (6) In this regulation - "security firm" means a person who, or partnership that, is the holder of security firm licence; "security officer" means a person who is the holder of - (a) a security officer's provisional licence; or (b) a security officer's licence. SCHEDULE NORTHERN TERRITORY OF AUSTRALIA Private Security Act Private Security (Security Firms) Regulations Regulation 3 Important: Please print in block letters. If there is insufficient space, attach extra sheets. All questions must be answered and full particulars provided. Application is made for a security firm's licence in one of the following capacities. 1. Natural person as a sole trader 2. Natural persons in partnership 3. Corporation Application is sought for: 1yr 2yrs 3yrs (Please ensure both Part A and Part B of this application are completed before the application is lodged.) PART A. Declaration of Applicant 1. NAME OF APPLICANT(S) 2. WHERE THE APPLICANT IS A CORPORATION a) A C N (Australian Company Number): b) Date and place of incorporation: c) Registered office address (if different from principal business address): TBC OFFICE USE ONLY All sections of form completed. Receipt number: Application signed by at least two directors & Part B certified by NT Police. Amount paid: Copy of Business or Company extract. (Check that directors, local area managers etc. match the extract) Date receipted: Copy of Identification attached. (For all directors, local area managers etc.) Additional comments: Criminal History from NT Police attached. RGL OFFICE USE ONLY Recommended / Not Recommended: Approved / Not Approved: Actioning Officer: Date: / / Actioning Officer: Date: / / 3. WHERE THE APPLICANT(S) IS/ARE NATURAL PERSON(S) OR A PARTNERSHIP Where the applicant is a natural person, he or she must provide the following information: Where the applicant is a partnership, each partner in the partnership must provide the following information (by attached sheet where necessary): Full name of applicant or each partner: Date of birth: Place of birth: Current residential address: Full name: Date of birth: Place of birth: Current residential address: 4. DETAILS IN RESPECT OF EACH DIRECTOR OR OTHER PERSON CONCERNED IN THE MANAGEMENT OF THE CORPORATION Where the applicant is a corporation, all directors, secretaries or executive officers of the corporation and all persons who control or substantially influence the conduct of the corporation's affairs, must provide the following information (by attached sheet where necessary). Full name: Date of birth: Place of birth: Position held: Current residential address: Full name: Date of birth: Place of birth: Position held: Current residential address: 5. PRINCIPAL BUSINESS ADDRESS Telephone No: Fax No: E-mail Address: Business Trading Name(s): Date business name(s) registered: Address for service of notices: DECLARATION I/We hereby declare that to the best of my/our knowledge the particulars furnished for the purpose of obtaining a licence under the Private Security Act are true and correct in every detail. (To be signed by the applicant, or, where the applicant is a corporation, no less than two directors or, where the applicant is a partnership, each partner). Signature Signature Full Name Full Name Capacity Capacity Date Date NOTES (a) A certificate of the Commissioner under the Business Names Act that each business name stated in this application has been registered under that Act must accompany this form. (b) Where the applicant intends to carry on business as a body corporate, proof of the body corporate's incorporation must also accompany this form. CERTIFICATION BY MEMBER OF NT POLICE I confirm that I have received the prescribed information required under section 14(5) of the Private Security Act, being a completed Authority to Release Criminal History form and finger prints of Name: Date: Signature of Member - NT Police Force: (Name and Rank): PART B. DECLARATION BY EACH PERSON SPECIFIED IN PART A 6. Name of Applicant specified at Question 1: 7. Name of person (director, partner, &c.) making this declaration: 8. In respect of this application have you: (a) in the last 10 years been convicted, fined or disqualified by any court, tribunal, board or other authority of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, in respect of any business or other financial dealings in or outside the Territory, or been a member of a company so dealt with? If so, please provide details. Yes No (b) in the last 10 years been convicted of any offence(s)? If so please quote the offence(s), relevant date(s), jurisdiction(s) and sentence(s). Yes No (c) in the last 10 years been convicted of a disqualifying offence(s)? If so please quote the offence(s), relevant date(s), jurisdiction(s) and sentence(s). Please see over the page for a list of disqualifying offences. Yes No (d) been the subject of evidence given in any court or Commission of Inquiry? If so, please provide details. Yes No (e) been declared bankrupt or assigned your estate for the benefit of your creditors? If so, please give date(s) and jurisdiction(s). Yes No (f) been or are you currently bound by any recognisance (bail condition) or the subject of any charge pending in relation to any offence(s) before a court or commission of inquiry? If so, please provide details. Yes No (g) have you been known by an other names? Is so please state. If so, please provide details. Yes No Notes: (a) Where the applicant is a partnership, each partner in the partnership must complete Part B. (b) A disqualifying offence is any offence against a law of the Commonwealth where the penalty for the offence is imprisonment for two years or more. (c) A disqualifying offence is an offence against a section of the Criminal Code specified below. Section 69 - going armed in public Section 132 - indecent dealing with child Section 156 - murder Section 160 - manslaughter Section 165 - attempt to murder Section 166 - threats to kill Section 177 - acts intending to cause serious harm or prevent apprehension Section 181 - serious harm Section 182 - attempting to injure by explosive substances Section 186 - harm Section 188(2) - common assault with specified circumstances of aggravation Section 189A - assaults on police Section 189 - unlawful stalking Section 192 - sexual intercourse and gross indecency without consent Section 192B - coerced sexual self-manipulation Section 193 - assaults with intent to commit an offence Section 194 - kidnapping for ransom Section 195 - kidnapping Section 196 - deprivation of liberty Section 210 - stealing (where a custodial sentence is imposed that is wholly or partially served) Section 211 - robbery Section 212 - assault with intent to steal Section 227 - criminal deception Section 228 - blackmail & extortion Section 229 - receiving stolen property Section 231 - taking reward for recovery of property obtained by means of a crime Section 233 - false accounting Section 239 - arson Note: A disqualifying offence is an offence against a section of the Firearms Act specified below. Section 59 - firearms to be registered Section 61 - manufacture of firearms Section 63A - trafficking in firearms Section 74 - alteration of identification marks Section 77 - silencers and machine-guns Section 82 - discharge of firearms on roads, & c. Section 83 - prohibited use of firearms Section 84 - discharge of firearms causing danger, & c. Section 85 - breach of conditions Section 86 - persons under influence of alcohol or drugs Note: A disqualifying offence is an offence against a section of the Misuse of Drugs Act specified below. Section 5 - supplying dangerous drug Section 6 - receiving or possessing tainted property Section 7 - cultivation Section 8 - manufacture and production Section 9(1) - possession Section 16 - obtaining prescription by deception Section 17 - obtaining dangerous drug or precursor by deception Note: A disqualifying offence is an offence against a section of the Weapons Control Act specified below. Section 6 - prohibited weapons Section 7 - controlled weapons Section 8 - offensive weapons Section 9 - body armour DECLARATION I hereby declare that to the best of my knowledge the particulars furnished for the purpose of obtaining a licence, the subject of this application, under the Private Security Act are true and correct in every detail. The information provided on this form is collected in accordance with the Private Security Act. Disclosure of information may be made to the Northern Territory Police which collects information for the primary purposes of law enforcement, community safety, road safety and crime and justice services. Date Signature of person making declaration under Part B ENDNOTES 1. KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2. LIST OF LEGISLATION Private Security (Security Firms) Regulations (SL No. 29, 1998) Notified 4 August 1998 Commenced 4 August 1998 Criminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37, 2005) Assent date 22 November 2005 Commenced 20 December 2006 (Gaz G51, 20 December 2006, p 2) Private Security (Security Firms) Amendment Regulations 2006 (SL No. 3, 2006) Notified 15 February 2006 Commenced 15 February 2006 Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006) Notified 18 October 2006 Commenced 18 October 2006 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Business Names Act 2007 (Act No. 1, 2007) Assent date 8 March 2007 Commenced 22 August 2007 (Gaz G34, 22 August 2007, p 7) 3. LIST OF AMENDMENTS r 2 sub No. 3, 2006, r 3 amd Act No. 4, 2007, s 2 r 5 sub No. 3, 2006, r 4 amd No. 33, 2006, r 5 r 6 ins No. 3, 2006, r 4 amd No. 33, 2006, r 5 sch amd Act No. 37, 2005, s. 21 sub No. 3, 2006, r 5 amd Act No. 4, 2007, s 2; Act No. 1, 2007, s 76 ii Private Security (Security Firms) Regulations 2