PRIVATE SECURITY ACT 2004 - SECT 180 Regulations

PRIVATE SECURITY ACT 2004 - SECT 180

    (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

S. 180(1)(t) amended by No. 32/2006 s. 94(Sch. item 40(4)).

        (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.

Part 11—Transitional provisions