SECURITY AND INVESTIGATION INDUSTRY ACT 1995 - SECT 3
SECURITY AND INVESTIGATION INDUSTRY ACT 1995 - SECT 3
(1) In this Act,
unless the contrary intention appears—
"agent" means a security agent, an investigation agent or a process server;
"approved psychological assessment" means a form of psychological assessment
approved by the Commissioner for the purpose of determining whether a person
is fit and proper to hold a security agents licence;
"Commissioner" means the Commissioner for Consumer Affairs;
"controlling crowds"—the function of controlling crowds includes
screening persons seeking to enter a place and managing persons who behave in
a disorderly manner or create a nuisance;
"Court" means the Administrative and Disciplinary Division of the District
Court of South Australia;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, to enable
the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or to endanger a person's life or
physical safety;
"director" of a body corporate includes—
(a) a
person occupying or acting in the position of director or member of the
governing body of the body corporate, by whatever name called and whether or
not validly appointed to occupy or duly authorised to act in the position; and
(b) any
person in accordance with whose directions or instructions the directors or
members of the governing body of the body corporate are accustomed to act; and
(c) a
person who makes, or participates in making, decisions that affect the whole,
or a substantial part, of the business of the body corporate or who has the
capacity to affect significantly the body corporate's financial standing;
"employee condition"—see section 7A(1)(b);
"employee (supervision) condition"—see section 7A(1)(c);
"firearm" has the same meaning as in the Firearms Act 2015 ;
"firearms licence" has the same meaning as in the Firearms Act 2015 ;
"fit and proper person"—see subsection (2);
"holder of a security agents licence" includes the holder of a
security agents licence that has been suspended;
"investigation agent" means a person who performs one or more of the following
functions for fee or reward:
(a)
ascertaining the whereabouts of or repossessing goods that are subject to a
security interest;
(b)
collecting or requesting the payment of debts;
(c)
executing legal process for the enforcement of a judgment or order of a court;
(d)
executing distress for the recovery of rates, taxes or money;
(e)
obtaining or providing (without the written consent of a person) information
as to the personal character or actions of the person or as to the business or
occupation of the person;
(f)
searching for missing persons;
(g)
obtaining evidence for the purpose of legal proceedings (whether the
proceedings have been commenced or are prospective);
"investigation agents licence" means a licence under this Act authorising a
person to act as an investigation agent;
"loss adjuster" means a person who performs one or more of the following
functions:
(a)
investigating loss or injury arising from the use of a motor vehicle or
personal injury arising out of or in the course of the employment of the
person by whom the injury was sustained;
(b)
obtaining evidence for the purpose of legal proceedings in respect of such
loss or injury;
(c)
assessing pecuniary compensation or damages likely to be awarded in respect of
such loss or injury;
(d)
making, commencing, resisting, negotiating, compromising or settling a claim
in respect of such loss or injury;
"partnership (business only) condition"—see section 7A(1)(e);
"partnership condition"—see section 7A(1)(d);
"process server" means a person who, for fee or reward, serves a writ, summons
or other legal process;
"restricted functions condition"—see section 7A(1)(a) and (2);
"security agent" means a person who performs one or more of the following
functions for fee or reward:
(a)
protecting or guarding a person or property or keeping a person or property
under surveillance;
(ab)
hiring out or otherwise supplying persons for the purpose of protecting or
guarding a person or property or keeping a person or property under
surveillance;
(b)
hiring out or otherwise supplying dogs or other animals for the purpose of
protecting or guarding property;
(c)
preventing, detecting or investigating the commission of an offence in
relation to a person or property;
(ca)
hiring out or otherwise supplying persons for the purpose of preventing,
detecting or investigating the commission of an offence in relation to a
person or property;
(d)
controlling crowds;
(da)
hiring out or otherwise supplying persons for the purpose of
controlling crowds;
(e)
providing advice on security alarm or surveillance systems;
(f)
hiring out or otherwise supplying security alarm or surveillance systems or
persons to provide advice on security alarm or surveillance systems;
(g)
installing or maintaining security alarm or surveillance systems;
(h)
hiring out or otherwise supplying persons for the purpose of installing or
maintaining security alarm or surveillance systems;
"security agents licence" means a licence under this Act authorising a person
to act as a security agent;
"security alarm or surveillance system" means electronic or other devices
designed, constructed or adapted to give warning of or monitor or record
unauthorised entry or misconduct on premises or parts of premises;
"security industry trainer" means a person who personally provides
security industry training;
"security industry trainers licence" means a licence under this Act
authorising a person to act as a security industry trainer;
"security industry training" means—
(a)
training designed to provide a person with a qualification determined by the
Commissioner to be required for a person to be eligible to hold a
security agents licence (other than a licence authorising only the performance
of functions relating to security alarm or surveillance systems); or
(b) training designed
to meet the requirements of a training condition to which a
security agents licence (other than a licence authorising only the performance
of functions relating to security alarm or surveillance systems) may be made
subject; or
(c)
training required by the Commissioner to be completed by the holder of
a security agents licence that authorises the licensee to perform the function
of controlling crowds; or
(d)
training of a kind prescribed by the regulations;
Note—
Paragraph (b) had not come into operation at the date of the publication of
this version.
"security industry training provider" means a person who carries on a business
of providing security industry training;
"security interest" means any interest in or power over goods that secures
payment of a debt or performance of any other obligation;
"temporary licence"—see section 7(2);
"training condition"—see section 7A(1)(f).
Note—
Definitions of "temporary licence" and "training condition had not come into
operation at the date of the publication of this version.
(2) For the purposes
of this Act, the following provisions govern whether a person is a "fit and
proper person to hold a licence or to be the director of a body corporate that
holds a licence:
(a) a
person is not a fit and proper person to hold a licence or to be the director
of a body corporate that holds a licence if—
(i)
the person has been found guilty or convicted of an
offence as prescribed by the regulations; or
(ii)
the person is suspended or disqualified from practising
or carrying on an occupation, trade or business under a law of this State, the
Commonwealth, another State or a Territory of the Commonwealth;
(b) in
deciding whether a person is a fit and proper person to hold an
investigation agents licence, or to be the director of a body corporate that
is the holder of an investigation agents licence, regard may be had to—
(i)
the reputation, honesty and integrity of the person; and
(ii)
any other factor relevant to the performance of the
functions authorised or to be authorised by the licence, including any
relevant offence (not prescribed by the regulations) of which the person has
been convicted or found guilty;
(c) in
deciding whether a person is a fit and proper person to hold a
security agents licence, or to be the director of a body corporate that is the
holder of a security agents licence, regard must be had to—
(i)
the reputation, honesty and integrity of the person; and
(ii)
the reputation, honesty and integrity of people with whom
the person associates; and
(iii)
if the licence authorises or is to authorise the licensee
to personally perform the function of controlling crowds—
(A) the results of any psychological
assessment of the person under this Act; and
(B) any evidence that the person has
contravened a provision of the Gaming Machines Act 1992 or the
Liquor Licensing Act 1997 relating to the prevention of a person from
entering, or the removal of a person from, licensed premises (within the
meaning of the Liquor Licensing Act 1997 ); and
(iv)
any other factor relevant to the performance of the
functions authorised or to be authorised by the licence, including any
relevant offence (not prescribed by the regulations) of which the person has
been convicted or found guilty;
(d) in
deciding whether a person is a fit and proper person to hold a
security industry trainers licence, regard must be had to—
(i)
the reputation, honesty and integrity of the person; and
(ii)
the reputation, honesty and integrity of people with whom
the person associates; and
(iii)
any other factor relevant to the performance of the
functions authorised or to be authorised by the licence, including any
relevant offence (not prescribed by the regulations) of which the person has
been convicted or found guilty.