Tasmanian Consolidated Acts

SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SCHEDULE 2

SCHEDULE 2 - Savings and transitional provisions relating to crowd control

Section 43A

1. Interpretation

In this Schedule –

"commencement day" means 1 January 2006;

"repealed Act" means the Crowd Controllers Act 1999.

2. Certain persons taken to hold crowd control agent licences

      (1) In this clause –

"prescribed person" means a person who, immediately before the commencement day, holds the competency requirements prescribed for the purposes of section 5(2) of the repealed Act, other than –

(a) a licensee; or

(b) a person in respect of whom an order under section 6 or 9(3) of the repealed Act is in effect.

      (2) If immediately before the commencement day a prescribed person was taken under section 13 of the repealed Act to be the employer of crowd controllers, that person is taken to hold an agent licence authorising the operation of a crowd control agency until 1 April 2006 and this Act applies in respect of that licence.

3. Certain persons taken to hold crowd controller licences

      (1) In this clause –

"prescribed person" means a person who holds the competency requirements prescribed for the purposes of section 5(1) of the repealed Act, other than –

(a) a licensee; or

(b) a person in charge of licensed premises; or

(c) a person to whom clause 2 applies; or

(d) a person in respect of whom an order under section 6 or 9(3) of the repealed Act is in effect.

      (2) A prescribed person is taken to hold an employee licence authorising the undertaking of crowd control activities until 1 April 2006, and this Act applies in respect of that licence, if –

(a) at any time during the year 2005 the prescribed person carried out the functions of a crowd controller, within the meaning of the repealed Act; or

(b) immediately before the commencement day the prescribed person was eligible to carry out the functions of a crowd controller, within the meaning of the repealed Act.

4. Competency requirements

      (1) A person –

(a) who has the competency requirements prescribed for the purposes of section 5(1) of the repealed Act is taken to have the competency standards determined under section 9 in relation to the holder of an employee licence authorising the undertaking of crowd control activities; or

(b) who –

(i) was undertaking a course of study or training immediately before the commencement day; and

(ii) on successful completion of that course of study or training would have the competency requirements prescribed for the purposes of section 5(1) of the repealed Act –

      (2) A person who has the competency requirements prescribed for the purposes of section 5(2) of the repealed Act is taken to have the competency standards determined under section 9 in relation to the holder of an agent licence authorising the operation of a crowd control agency.

      (3) A person who –

(a) was undertaking a course of study or training immediately before the commencement day; and

(b) on successful completion of that course of study or training would have the competency requirements prescribed for the purposes of section 5(2) of the repealed Act –

5. Orders under section 6 of repealed Act

      (1) In this clause –

" section 6 order" means an order under section 6 of the repealed Act that is in effect immediately before the commencement day.

      (2) A section 6 order prohibiting a person from carrying out the functions of a crowd controller –

(a) continues to have effect for the period specified in it; and

(b) is taken to prohibit the person from undertaking crowd control activities.

      (3) A section 6 order prohibiting a person from engaging in the business of supplying the services of crowd controllers –

(a) continues to have effect for the period specified in it; and

(b) is taken to prohibit the person from undertaking crowd control activities and operating a crowd control agency.

6. Applications under section 7 of repealed Act

      (1) If immediately before the commencement day an application had been made under section 7 of the repealed Act but not finally determined, proceedings in respect of that application may be continued and, subject to subclause (2), the repealed Act continues to apply in relation to that application and those proceedings.

      (2) If on an application referred to in subclause (1) the court considers it appropriate to make an order under section 9(3) of the repealed Act in respect of a person, instead of making that order the court is to make an order under section 16(2) of this Act suspending the licence held by that person.

      (3) An order under subclause (2) has effect for the period of not less than 12 months specified in the order.

      (4) A person in respect of whom an order under subclause (2) or under section 9(3) of the repealed Act is in effect may apply to a magistrate for the amendment or revocation of that order.

      (5) In determining an application referred to in subclause (4), the magistrate may –

(a) amend the order; or

(b) revoke the order; or

(c) confirm the order and dismiss the application.

7. Ineligibility to apply for licence

A person in respect of whom an order under clause 6(2), or under section 6 or 9(3) of the repealed Act, is in effect is ineligible to apply for a licence.

8. Prosecution for offence under repealed Act

      (1) The repeal of the repealed Act does not affect the taking or continuation of proceedings for an offence under that Act committed before the commencement day.

      (2) If a court convicts a person of an offence under the repealed Act, the court may suspend a licence held by that person under section 16(2) of this Act.