Victorian Consolidated Legislation

Private Security Act 2004 - SECT 180

Regulations

180. Regulations



(1) The Governor in Council may make regulations for or with respect to
prescribing-

   (a)  in relation to the register to be kept by the Chief Commissioner under
        section 173-

   (i)  the procedure for keeping the register; and

   (ii) the particulars to be contained in the register; and

   (iii) the parts of the register that may be inspected; and

   (b)  any records to be kept by the Chief Commissioner; and

   (c)  any forms to be used under this Act; and

   (d)  the procedure for applications under this Act, the particulars to be
        included in those applications and the documents and information to
        accompany those applications; and

   (e)  the classes of person who may give references in relation to
        applications made under this Act; and

   (f)  particulars to be contained or specified in licence documents or
        registration documents under this Act; and

   (g)  types of devices or equipment for the purposes of the definition of
        security equipment; and

   (h)  permanent records to be kept by holders of licences and registrations
        under this Act and the inspection of those records; and

        (i)    duties and functions of the Chief Commissioner; and

   (j)  the identification to be worn by crowd controllers; and

   (k)  the register to be made available under Part 6, including-

   (i)  the form of the register; and

   (ii) the details that are to be recorded in relation to incidents involving
        crowd controllers; and

   (iii) any other details that are to be recorded in the register; and

   (iv) the time at which details are to be recorded in the register; and

   (v)  how details are to be recorded in the register; and

   (l)  provisions for the verification by statutory declaration of any
        information supplied for the purposes of this Act or the regulations;
        and

   (m)  fees to be charged in respect of anything done under or for the
        purposes of this Act or the regulations including fees for-

   (i)  applications; or

   (ii) licences, registrations, or permits and the renewal or variation of
        any licences or registrations; or

   (iii) the issue of duplicate documents; and

   (n)  approval of training requirements in relation to applications for
        private security licences, approval of on-going training requirements
        for holders of private security licences and approval of training
        providers to provide those training requirements; and

   (o)  approval of security industry organisations; and

   (p)  matters to be included in the annual report prepared by the Chief
        Commissioner; and

   (q)  the classes of person exempted from licensing and registration
        requirements under this Act and the extent of the exemption; and

   (r)  conditions that may be imposed on licences or registrations under this
        Act; and

   (s)  penalties, not exceeding 20 penalty units, for contraventions of the
        regulations; and

   (t)  offences in respect of which infringement notices may be issued and
        infringement penalties for those offences; and



   (u)  documents or information to accompany notices of changes to nominated
        persons, close associates or officers of holders of licences or
        registrations under this Act; and

        (v)    any matter or thing required or permitted by this Act to be
               prescribed or necessary to be prescribed to give effect to this
               Act.

(2) The regulations-

   (a)  may be of general or limited application; and

   (b)  may differ according to differences in time, place and circumstances;
        and

   (c)  may confer a discretionary authority or impose a duty on the Chief
        Commissioner; and

   (d)  may leave any matter or thing to be from time to time determined,
        applied, dispensed with or regulated by the Chief Commissioner; and

   (e)  may provide in a specified case or class of case for the exemption of
        persons or things or a class of persons or things from any of the
        provisions of the regulations, whether unconditionally or on specified
        conditions and either wholly or to the extent that is specified; and

   (f)  may make provision for fees that may differ in respect of-

   (i)  in the case of applications under this Act-

                (A)  the nature of applications; or

                (B)  the classes of persons making applications or related to
                     persons making applications; or

                (C)  the classes of other related matters including related
                     applications; or

   (ii) in the case of licences, registrations or permits under this Act, or
        renewals or variations of licences or registrations under this Act-

                (A)  the nature of the licences, registrations, permits,
                     variations or renewals; or

                (B)  the classes of holder of licences, registrations or
                     permits or persons being granted variations or renewals
                     or persons related to those holders or persons; or

                (C)  the classes of other related matters including related
                     licences, registrations, permits, renewals or variations;
                     and

   (g)  may make provision for the reduction or waiver or refund in whole or
        in part of any fees; and

   (h)  may make provision for fees to be charged on a pro-rata basis.

(3) If, under subsection (2)(g), regulations provide for a reduction, waiver
or refund in whole or in part of a fee, the reduction, waiver or refund may be
expressed to apply either generally or specifically-

   (a)  in respect of certain applications or classes of applications under
        this Act; or

   (b)  when an event happens; or

   (c)  in respect of certain persons or classes of persons; or

   (d)  in respect of any combination of such applications, events or persons-

and may be expressed to apply subject to specified conditions or in the
discretion of the Chief Commissioner. __________________