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