Victorian Consolidated Legislation

Private Security Act 2004 - SECT 3

Definitions

3. Definitions

In this Act- approved security industry organisation means an organisation
approved by the Chief Commissioner under section 172; authorised person means
a person appointed by the Chief Commissioner under section 152; bodyguard
means a person who is employed or retained to provide a close personal
protection service; Chief Commissioner means the Chief Commissioner of Police
appointed under the Police Regulation Act 1958; class A security activity
means any one of the following activities-

   (a)  acting as an investigator; or

   (b)  acting as a bodyguard; or

   (c)  acting as a crowd controller; or

   (d)  acting as a security guard; class B security activity means any one of
        the following activities-

   (a)  acting as a security equipment installer; or

   (b)  acting as a security adviser;

close associate means, in relation to the holder of a private security
business licence or a private security business registration, a person (other
than, in the case of a licence or registration holder that is a body
corporate, a person who is an officer of the body corporate)-

   (a)  who is able to exercise a significant influence over or with respect
        to the conduct of the business conducted under the licence or
        registration because that person-

   (i)  holds an interest in the capital or assets of that business or is
        entitled to receive any income derived from that business (whether the
        entitlement arises at law or in equity or otherwise); or

   (ii) holds any power (whether exercisable by voting or otherwise and
        whether exercisable alone or in association with others) to
        participate in any managerial or executive decision in that business
        or to appoint any person to a position of management in that business
        (whether in the capacity of director, manager or secretary or in any
        other capacity)- other than, in the case of a business that is a
        public company, a person who is able to exercise a significant
        influence over or with respect to the business, merely because that
        person is a shareholder of the company; or

   (b)  who participates in the management of the business conducted under the
        licence or registration- and, in relation to an applicant for a
        private security business licence or a private security business
        registration, means any person who would, if a licence were issued to
        the applicant or the applicant obtained registration (as the case may
        be), be a person to whom paragraph (a) or (b) would apply; crowd
        controller means a person who is employed or retained principally to
        maintain order at any public place by doing all or any of the
        following-

   (a)  screening entry into; or

   (b)  monitoring or controlling behaviour in; or

   (c)  removing any person from; or

   (d)  otherwise maintaining order in- any such place, unless that person is
        doing nothing more than securing or checking that persons allowed
        admission-

   (e)  have paid for admission; or

   (f)  have invitations or passes allowing for admission;

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investigator means any person who on behalf of any other person, is employed
or retained-

   (a)  to obtain and furnish information as to the personal character or
        actions of any person or as to the character or nature of the business
        or occupation of any person; or

   (b)  to search for missing persons; known information means any records
        concerning a person kept by or on behalf of-

   (a)  the Chief Commissioner; or

   (b)  any person holding a position equivalent to that of the Chief
        Commissioner in the Commonwealth or in a State or Territory of the
        Commonwealth or any other country; member of the police force has the
        same meaning as member of the force has in the
        Police Regulation Act 1958; nominated person, in relation to a licence
        or registration holder, means the person nominated under section 124
        by that licence or registration holder (as the case may be); officer-

   (a)  in relation to a body corporate which is a corporation within the
        meaning of the Corporations Act, means a person (not being an employee
        of the body corporate) to whom the definition of officer in section
        82A of that Act applies; and

   (b)  in relation to a body corporate that is not a corporation within the
        meaning of that Act, means any person (by whatever name called) who is
        concerned in or takes part in the management of the body corporate, if
        that person is not an employee of the body corporate; partnership has
        the same meaning as in section 5 of the Partnership Act 1958; private
        security business licence means a licence granted by the Chief
        Commissioner under section 14; private security business registration
        means the registration of a person by the Chief Commissioner under
        section 71; private security individual operator licence means a
        licence granted by the Chief Commissioner under section 15; private
        security individual operator registration means the registration of a
        person by the Chief Commissioner under section 72; private security
        licence means a private security business licence or a private
        security individual operator licence; private security registration
        means a private security business registration or a private security
        individual operator registration;

public place means-

   (a)  any premises in respect of which a licence or permit has been granted
        under the Liquor Control Reform Act 1998; or

   (b)  any place to which the public have, or are permitted to have, access,
        regardless of whether or not they have to pay to enter; register of
        licence and registration holders means the register kept by the Chief
        Commissioner under section 173; registered address means the address
        of the holder of a private security licence or of a private security
        registration specified under section 129; security activity means a
        class A security activity or a class B security activity; security
        adviser means a person who is employed or retained to provide advice
        in relation to security equipment or security methods or principles;
        security equipment means any mechanical, electronic, acoustic or other
        equipment-

   (a)  designed, adapted or purporting to provide or to enhance security; or

   (b)  for the protection or watching of property- that is prescribed by the
        regulations; security equipment installer means a person who is
        employed or retained to install, repair, service or maintain security
        equipment; security guard means a person who is employed or retained
        to protect, watch or guard any property by any means including-

   (a)  by patrolling the property in person; or

   (b)  by monitoring the property by operating a security system that
        utilises closed circuit television, a closed monitoring system, radio
        or other similar alarm device; specified identification method in
        relation to a person, means proof of the identity of the person in the
        same manner and to the same extent as is required for an
        identification reference under the Financial Transactions Reports Act
        1988 of the Commonwealth; trustee company has the same meaning as in
        the Trustee Companies Act 1984.