Victorian Consolidated Legislation

Private Security Act 2004 - SECT 4

Act not applicable to certain persons

4. Act not applicable to certain persons



A person is not required to hold a private security licence, a private
security registration or a temporary permit issued under Division 6 of Part 3
or Division 5 of Part 4, if that person is-

   (a)  a member of the police force of Victoria or of the Commonwealth or of
        any other State or Territory of the Commonwealth who is carrying on
        his or her functions as such a member;

   (b)  a member of the defence force of the Commonwealth who is carrying on
        his or her functions as such a member;

   (c)  an employee of-

   (i)  the Crown in right of the Commonwealth or the State of Victoria; or

   (ii) any Government department of the Commonwealth or of the State of
        Victoria- who is carrying on his or her functions as such an employee;

   (d)  a person authorised under section 221AB of the Transport Act 1983 to
        act as an authorised officer for the purposes of Part VII of that Act,
        who is carrying on his or her functions as such an authorised officer;

   (e)  an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) acting in the course of his or her legal
        practice or a clerk of an Australian lawyer acting in the course of
        his or her duties in the ordinary course of that practice;

   (f)  a qualified public accountant who is acting in the ordinary course of
        his or her accounting practice;

   (g)  a person-

   (i)  who is acting in the ordinary course of carrying on the business of-

                (A)  insurance; or

                (B)  an insurance adjustment agency; or

                (C)  a trustee company; or

   (ii) who is an employee or agent of a person referred to in subparagraph
        (i) who is carrying on his or her duties as such an employee or an
        agent (as the case may be)- where the business or duties that the
        person is carrying on is not covert enquiries or surveillance;





   (h)  a person (employee) who, in the course of his or her employment with
        an employer (who is not carrying on a business for which a private
        security business licence is required, or a business for which a
        private security business registration is required) is required-

   (i)  to watch, guard or protect any property or do any inquiry work; or

   (ii) only in connection with the employer's business to-

                (A)  install, maintain, repair or service internal security
                     equipment; or

                (B)  provide advice to the employer in relation to security
                     and related services matters- if the employee-

   (iii) is not the holder of a private security individual operator licence
        that is suspended under this Act; or

   (iv) is not the holder of a private security individual operator
        registration that is suspended under this Act; or

   (v)  is not a person who was the holder of a private security individual
        operator licence that has been cancelled under this Act and who is not
        entitled to apply for a new licence under this Act; or

   (vi) is not a person who was the holder of a private security individual
        operator registration that has been cancelled under this Act and who
        is not entitled to apply for a new registration under this Act;

        (i)    a protective services officer appointed under Part VIA of the
               Police Regulation Act 1958 who is carrying on his or her
               functions under that Act;

   (j)  a contractor or a sub-contractor within the meaning of the
        Corrections Act 1986 who is carrying on his or her functions or powers
        under that Act;

   (k)  an employee of a contractor or sub-contractor referred to in paragraph
        (j) who is carrying on his or her duties as such an employee;

   (l)  a person who is a member of any prescribed class of person to the
        extent prescribed.

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