Victorian Consolidated Legislation
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PRIVATE SECURITY ACT 2004
No. 33 of 2004
Version incorporating amendments as at 1 December 2008
TABLE OF PROVISIONS
Section Page
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
22. Particular powers of Chief Commissioner relating to fingerprinting
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
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 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
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
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
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
165-170 Repealed
PART 10-GENERAL
171. Chief Commissioner may delegate functions
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
PARTS 12, 13-Repealed
186-211 Repealed
__________________
SCHEDULE-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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