SECURITY AND INVESTIGATION INDUSTRY ACT 1995

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Application of Act
• 4A Application of National Vocational Education and Training Regulator Act 2011 of the Commonwealth
• 5 Commissioner to be responsible for administration of Act
• 5A Enforcement
• 5B Criminal intelligence

PART 2--Licences

• 6 Obligation to be licensed
• 7 Grant of licence
• 7A Licence conditions
• 7B Duration of licence
• 7C Annual fee and return
• 7D Surrender of licence
• 8 Application for licence
• 8A Applications for security agents licence or security industry trainers licence to be furnished to Commissioner of Police
• 9 Determination of application for licence
• 11 Appeals
• 11A Power of Commissioner to require photograph and information
• 11B Licence endorsements

PART 3--Regulation of activities

• 12A Employment of security agents or investigation agents
• 13 Operation of licensed agent's business
• 14 Accounts of licensed agent
• 15 Licensed agent not to purport to have powers outside licence
• 16 Prohibition against assisting another to pretend to be agent
• 17 Misrepresentation
• 18 Name in which licensed agent may carry on business
• 19 Publication of advertisements by licensed agent
• 20 Licence or identification to be carried or displayed
• 21 Limitations on settling claims relating to motor vehicles
• 22 Repossession of motor vehicles to be reported
• 23 Entitlement to be process server
• 23AAA Entitlement to provide security industry training
• 23AA Requirement to engage licensed security industry trainer

PART 3A--Regulation of security agents and security industry trainers

Division A1--Cancellation, suspension or variation of licence where eligibility criteria no longer met

• 23AB Commissioner may cancel, suspend or impose conditions on licence

Division 1--Other suspensions and cancellations

• 23A Circumstances in which Commissioner may suspend security agents licence or security industry trainers licence
• 23B Circumstances in which Commissioner must suspend security agents licence
• 23C Content of suspension notice
• 23D Service of suspension notice
• 23E Appeal
• 23G Cancellation of licence
• 23H Review of licence

Division 2--Alcohol and drug testing of agents authorised to control crowds

• 23I Definitions for this Division
• 23J Security agent authorised to control crowds may be required to undertake drug testing
• 23K Security agent authorised to control crowds may be required to undertake alcohol testing
• 23L Concentration of alcohol in breath taken to indicate concentration of alcohol in blood
• 23M Evidence etc
• 23N Commissioner of Police must report results of breath analysis to Commissioner
• 23O Cancellation of licence
• 23P Surrender of licence
• 23Q Appeal

Division 3--Firearms

• 23R Effect of suspension, cancellation or variation of firearms licence

Division 4--Other requirements

• 23S Security agents, security industry trainers or directors may be required to provide fingerprints
• 23T Security agent authorised to control crowds may be required to take part in psychological assessment or to undertake training

PART 4--Discipline

• 24 Interpretation of Part 4
• 25 Cause for disciplinary action
• 26 Complaints
• 27 Hearing by Court
• 27A Procedure in the case of complaint against security agent or security industry trainer
• 28 Participation of assessors in disciplinary proceedings
• 29 Disciplinary action
• 30 Contravention of orders

PART 5--Miscellaneous

• 31 Delegations
• 32 Agreement with professional organisation
• 33 Exemptions
• 34 Register of licensed agents, security industry trainers and security industry training providers
• 35 Commissioner and proceedings before Court
• 36 Return of licences
• 36AA Taking of fingerprints
• 36A Destruction of fingerprints
• 36B Immunity
• 37 False or misleading information
• 38 Statutory declaration
• 39 Commissioner of Police to conduct investigations and make available relevant information
• 40 General defence
• 41 Liability for act or default of officer, employee or agent
• 42 Offences by bodies corporate
• 43 Continuing offence
• 44 Prosecutions
• 45 Evidence
• 46 Service of documents
• 47 Annual report
• 48 Regulations
• SCHEDULE 1--Appointment and selection of assessors for Court
Legislative history