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PRIVATE SECURITY ACT 2004


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act not applicable to certain persons  

   PART 2--OFFENCES

   5.      Offence to carry on the business of providing certain private security services without a private security business licence  
   6.      Holding out offence—private security business licence  
   7.      Offence to carry on certain activities without a private security individual operator licence  
   8.      Holding out offence—private security individual operator licence  
   9.      Offence to carry on the business of providing certain private security services without private security business registration  
   10.     Holding out offence—private security business registration  
   11.     Offence to carry on certain activities without private security individual operator registration  
   12.     Holding out offence—private security individual operator registration  

   PART 3--LICENSING PRIVATE SECURITY OPERATORS

           Division 1--General

   13.     Definitions  

           Division 2--Application for private security licence

   14.     Grant of private security business licence  
   15.     Grant of private security individual operator licence  
   16.     Application for licence  
   17.     Additional particular requirements for licence applications  
   18.     Applicant to advertise application  
   19.     Consideration of application by Chief Commissioner  
   20.     Power of Chief Commissioner to investigate application  
   21.     Particular powers of Chief Commissioner relating to known information  
   23.     Information and documents to be provided  
   24.     Chief Commissioner may refuse to make a decision on an application for a licence  

           Division 3--Granting and renewal of private security licences

   25.     Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator licence  
   26.     Circumstances in which the Chief Commissioner must refuse to grant a private security business licence  
   27.     Notice that private security licence may be refused  
   28.     Further consideration of application and convening of hearing  
   29.     Refusal of private security licence  
   29A.    Refusal of private security licence on grounds of protected information  
   30.     Application and licence fees  
   31.     Chief Commissioner may impose conditions on licence  
   32.     Failure to comply with licence condition  
   33.     Licence granted on condition that training be completed  
   34.     Duration of licences  
   35.     Power of Chief Commissioner to renew licences  
   36.     Application to renew a licence  
   37.     Circumstances in which the Chief Commissioner must refuse to renew a licence  
   38.     Sections 17 and 27 to 29 to apply as if application for renewal of licence is application for licence  
   39.     Application and renewal fees  
   40.     Chief Commissioner to issue licence documents  

           Division 4--Variation and requested cancellation of private security licences

   41.     Power of Chief Commissioner to vary licence on own motion  
   42.     Application by holder of licence to vary licence to authorise additional activity  
   43.     Application by holder of licence to vary or revoke a licence condition  
   44.     Issue and surrender of licence document  
   45.     Cancellation of licence or authority to carry on activity on licence holder's request  

           Division 5--Disciplinary proceedings

   46.     Definition  
   47.     Immediate cancellation of private security licence  
   48.     Complaints  
   49.     Investigation of complaints  
   50.     Power of Chief Commissioner to hold disciplinary inquiry  
   51.     Interim suspension of licence or authority  
   52.     Notice to licence holder who is the subject of a disciplinary inquiry  
   53.     Further notice as to oral submissions  
   54.     Procedures at oral hearing  
   55.     Powers of Chief Commissioner at disciplinary inquiry  
   56.     Actions Chief Commissioner may take at inquiry  
   57.     Notice of Chief Commissioner's decision  
   58.     When decision under section 56 takes effect  
   59.     Surrender and issue of licence document upon cancellation or suspension  
   60.     Inquiry not prevented by other proceedings  
   61.     Court may cancel or suspend licence  
   62.     Surrender of licence document  
   63.     Return of licence document  
   63A.    Disclosure of cancellation or suspension of private security licence  

           Division 6--Temporary permits

   64.     Temporary interstate visitor permit to carry out activity  
   65.     Temporary interstate visitor permit to carry on business of providing services  
   66.     Temporary overseas bodyguard visitor permit  
   67.     Overseas bodyguard with temporary interstate or Territory permit  
   68.     Procedure for applications for permits  
   69.     Fees for permits  
   70.     Limitations and conditions on permits  

   PART 4--REGISTRATION OF PRIVATE SECURITY OPERATORS

           Division 1--Application for private security registration

   71.     Grant of private security business registration  
   72.     Grant of private security individual operator registration  
   73.     Application for registration  
   74.     Additional particular requirements for registration applications  
   75.     Applicant to advertise application  
   76.     Consideration of application by Chief Commissioner  
   77.     Power of Chief Commissioner to investigate application  
   78.     Particular powers of Chief Commissioner relating to known information  
   79.     Particular powers of Chief Commissioner relating to fingerprinting  
   80.     Information and documents to be provided  
   81.     Chief Commissioner may refuse to make a decision on an application for a registration  

           Division 2--Granting and renewal of private security registrations

   82.     Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator registration  
   83.     Circumstances in which the Chief Commissioner must refuse to grant a private security business registration  
   84.     Notice that private security registration may be refused  
   85.     Further consideration of application and convening of hearing  
   86.     Refusal of private security registration  
   87.     Application and registration fees  
   88.     Chief Commissioner may impose conditions on registration  
   89.     Failure to comply with registration condition  
   90.     Duration of registration  
   91.     Power of Chief Commissioner to renew registration  
   92.     Application to renew registration  
   93.     Circumstances in which the Chief Commissioner must refuse to renew registration  
   94.     Sections 84 to 86 to apply as if application for renewal of registration is application for registration  
   95.     Application and renewal fees  
   96.     Chief Commissioner to issue registration documents  

           Division 3--Variation and requested cancellation of private security registrations

   97.     Power of the Chief Commissioner to vary registration  
   98.     Application by holder of registration to vary registration to authorise additional activity  
   99.     Application by holder of registration to vary a registration  
   100.    Issue and surrender of registration document  
   101.    Cancellation of registration or authority to carry on activity on registration holder's request  

           Division 4--Disciplinary proceedings

   102.    Definition  
   103.    Complaints  
   104.    Investigation of complaints  
   105.    Power of Chief Commissioner to hold disciplinary inquiry  
   106.    Interim suspension of registration or authority  
   107.    Notice to registration holder who is the subject of a disciplinary inquiry  
   108.    Further notice as to oral submissions  
   109.    Procedures at oral hearing  
   110.    Powers of Chief Commissioner at disciplinary inquiry  
   111.    Actions Chief Commissioner may take at inquiry  
   112.    Notice of Chief Commissioner's decision  
   113.    When decision under section 111 takes effect  
   114.    Surrender and issue of registration document upon cancellation or suspension  
   115.    Inquiry not prevented by other proceedings  
   116.    Court may cancel or suspend registration  
   117.    Surrender of registration document  
   118.    Return of registration document  
   118A.   Disclosure of cancellation or suspension of private security registration  

           Division 5--Temporary permits

   119.    Temporary interstate visitor permit to carry on activity  
   120.    Temporary interstate visitor permit to carry on the business of providing services  
   121.    Procedure for applications for permits  
   122.    Fees for permits  
   123.    Limitations and conditions on permits  

   PART 5--GENERAL PROVISIONS APPLYING TO LICENCES AND REGISTRATIONS

   124.    Nominated person of body corporate  
   125.    Duplicate licence or registration document  
   126.    Business name  
   127.    No entitlement to fees etc. unless licensed or registered  
   128.    Licence, registration or permit to be produced on demand  
   129.    Registered address  
   130.    Advertisements to contain licence or registration number  
   131.    Offence to provide or employ unlicensed persons  
   132.    Offence to provide or employ unregistered persons  
   133.    Requirement to display licence or registration document at business premises  
   134.    Permanent records to be kept  
   135.    False or misleading statements and particulars  
   136.    Documents submitted by bodies corporate to be completed by nominated person  

   PART 6--PARTICULAR PROVISIONS FOR CROWD CONTROLLERS

   137.    Definitions  
   138.    Crowd controllers must wear identification  
   139.    Duties of activity manager as to register  
   140.    Duties of business licence holder as to register  
   141.    Duties of crowd controller and manager as to register  
   142.    Information required to be entered in the register  
   143.    Entry of premises to inspect completed register or copy  
   144.    Completed register may be copied  
   145.    Powers of police and authorised persons to seize completed register or copy  
   146.    Completed register or copy may be retained for copying  
   147.    Retention and return of seized completed register or copy  
   148.    Magistrates' Court may extend 3 month period for retention of completed register or copy  
   149.    Evidentiary value of documents certified by police or authorised person  

   PART 7--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

   150.    Review by VCAT  
   150A.   VCAT must ask Chief Commissioner about protected information on receiving certain applications for review  
   150B.   Appointment of special counsel if review involves protected information  
   150C.   Hearing where protected information involved  
   150D.   Decision where protected information is involved  
   150E.   General provisions for hearing matters involving protected information  
   151.    Time period for making application for review  

   PART 8--INSPECTION AND ENFORCEMENT

           Division 1--Inspection powers

   152.    Appointment of authorised persons  
   153.    Offence to hinder or obstruct  
   154.    Warrants to search premises  
   155.    Announcement before entry  
   156.    Copy of the warrant to be given to occupier  

           Division 2--Enforcement

   157.    Proceedings for offences  
   158.    Evidence of matters relating to register  
   159.    Liability of officers of body corporate for offences committed by the body corporate  
   160.    How to determine state of mind of a body corporate  
   161.    Liability of body corporate or holder of licence or registration for acts of officers, employees or agents  
   162.    Service of documents  

   PART 9--INFRINGEMENT NOTICES

   163.    Power to serve a notice  
   164.    Form of notice  

   PART 10--GENERAL

   172.    Chief Commissioner may approve training requirements etc.  
   173.    Chief Commissioner to keep register  
   174.    Requirement to notify Chief Commissioner of changes to close associates  
   175.    Body corporate to notify Chief Commissioner of changes to officers  
   176.    Requirement to notify Chief Commissioner of criminal charges  
   177.    Annual reporting  
   178.    Statutory review of this Act  
   179.    Supreme Court—Limitation of Jurisdiction  
   180.    Regulations  

   PART 11--TRANSITIONAL PROVISIONS

   181.    Definitions  
   182.    Licences under old Act deemed to be private security business licences  
   183.    Licences under old Act deemed to be private security individual operator licences  
   184.    Transitional provision for security equipment installers, security advisers and bodyguards  
   185.    Proceedings at VCAT for review of decisions under the old Act  
           ENDNOTES


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