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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Security and Related Activities (Control)
Amendment Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments to the Security
and Related Activities (Control)
Act 1996
4. Long title amended 3
5. Section 3 amended 3
6. Sections 4A and 4B inserted 5
4A. Meaning of "prohibited person" 5
4B. Meaning of "finding of guilt" 5
7. Section 7 amended 6
8. Section 7A inserted 7
7A. Cards to identify compliance and licensing
officers 7
9. Section 8A inserted 8
8A. Disclosure of exempted matter under
Freedom of Information Act 1992 8
10. Section 9A inserted 8
9A. Delegation by the Commissioner 8
11. Section 10 amended 9
12. Section 10A inserted 9
10A. Information relevant to section 79A may
be given to holder of agent's licence 9
13. Section 11 amended 9
14. Section 13 amended 10
15. Section 14 amended 10
241--1 page i
Security and Related Activities (Control) Amendment Bill 2007
Contents
16. Section 14A inserted 10
14A. Definition of "security bodyguard" 10
17. Section 17 amended 10
18. Section 18 amended 11
19. Section 18A inserted 11
18A. Security bodyguards to be licensed 11
20. Section 19 amended 12
21. Section 20 replaced 12
20. Unlicensed person not to be employed as
security officer etc. 12
22. Section 21 amended 13
23. Section 23 amended 13
24. Section 24 amended 14
25. Section 25 amended 14
26. Section 31 amended 14
27. Section 38 amended 14
28. Section 41 amended 15
29. Part 6A inserted 15
Part 6A -- Temporary licences for interstate visitors
42A. Temporary licence -- security activities 15
42B. Temporary licence -- agent services 16
30. Section 46 amended 16
31. Section 47 amended 16
32. Section 48 amended 20
33. Section 49 amended 22
34. Section 50 amended 23
35. Section 52 amended 23
36. Section 52A inserted 25
52A. Matters to be taken into account in
deciding whether to issue licence 25
37. Section 53 amended 26
38. Section 54 repealed 26
39. Section 55 replaced 26
55. Refusal of renewal 26
40. Section 56 amended 27
41. Section 59 repealed 28
42. Section 60 amended 28
43. Section 61 amended 28
44. Heading to Part 7 Division 4 amended 29
45. Section 66A inserted 29
66A. Interpretation 29
46. Section 67 amended 29
page ii
Security and Related Activities (Control) Amendment Bill 2007
Contents
47. Sections 67A and 67B inserted 31
67A. Summary power to revoke and suspend
licences 31
67B. Return of revoked licence and identity
card 34
48. Section 68A inserted 34
68A. Consent to release information 34
49. Section 69 amended 35
50. Section 72 amended 36
51. Section 73 repealed 36
52. Section 75 amended 37
53. Section 76 amended 37
54. Section 77 amended 37
55. Section 77A inserted 38
77A. Licensee to give notice about offences 38
56. Section 78 amended 38
57. Section 79A inserted 39
79A. Certain unlicensed persons not to be
employed in an agent's business 39
58. Heading to Part 9 amended 40
59. Section 79B inserted 40
79B. Interpretation 40
60. Section 80 amended 40
61. Section 81 amended 40
62. Section 82 amended 42
63. Heading inserted 42
64. Section 84 amended 42
65. Section 85 amended 42
66. Section 86 amended 43
67. Section 87 amended 43
68. Part 10 Division 2 inserted 43
Division 2 -- Legal proceedings
88. Designated persons 43
88A. Infringement notices 44
88B. Withdrawal of infringement notice 45
88C. Benefit of paying modified penalty 45
88D. No admission implied by payment 45
88E. Application of penalties collected 45
69. Section 89 amended 46
70. Section 90 amended 46
71. Section 90A inserted 46
90A. Liability of agent for licensee 46
72. Section 91 amended 47
page iii
Security and Related Activities (Control) Amendment Bill 2007
Contents
73. Section 92 amended 47
74. Section 93 amended 47
75. Heading inserted 48
76. Section 93A inserted 48
93A. Licensee to provide name of agent 48
77. Section 94 amended 48
78. Section 95 amended 49
79. Schedule 1 repealed 49
80. Certain provisions amended regarding penalties 50
Part 3 -- Amendments to other Acts
81. Firearms Act 1973 amended 51
82. Spent Convictions Act 1988 amended 51
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Security and Related Activities (Control)
Amendment Bill 2007
A Bill for
An Act to --
· amend the Security and Related Activities (Control) Act 1996; and
· make related amendments to the Firearms Act 1973 and the
Spent Convictions Act 1988,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Security and Related Activities (Control) Amendment Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Security and Related Activities (Control) Amendment
Act 2007.
5 2. Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
3. The Act amended
Except in Part 3, the amendments in this Act are to the Security
and Related Activities (Control) Act 1996.
page 2
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 4
Part 2 -- Amendments to the Security and Related
Activities (Control) Act 1996
4. Long title amended
The long title is amended by deleting "property protection;" and
5 inserting instead --
" the protection of persons and property; ".
5. Section 3 amended
(1) Section 3 is amended in the definition commencing "security
agent" by deleting ""security agent", "security consultant"," and
10 inserting instead --
"
"security agent", "security bodyguard",
"security consultant",
".
15 (2) Section 3 is amended by inserting in the appropriate
alphabetical positions --
"
"class", in relation to a security consultant's licence or
a security installer's licence, means a class
20 prescribed in relation to that licence;
"compliance officer" means a compliance officer
appointed under section 7(1)(a);
"court" includes a court (however described) of a
foreign jurisdiction;
25 "crowd control agent" has the meaning given by
section 34;
"crowd controller" has the meaning given by
section 35;
"disqualifying offence" means an offence of a kind
30 prescribed as being a disqualifying offence;
page 3
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 5
"finding of guilt" has the meaning given in
section 4B;
"inquiry agent" has the meaning given by section 27;
"investigator" has the meaning given by section 28;
5 "investigator's licence" means a licence issued for the
purposes of section 30;
"licensing officer" means a licensing officer appointed
under section 7(1)(b);
"prohibited person" has the meaning given in
10 section 4A;
"relevant body" means --
(a) a police force of the Commonwealth, of this
State, of another State or of a Territory; or
(b) another body established, or continued, for a
15 public purpose and prescribed for the
purpose of this definition;
"relevant conduct", in relation to a person who is, or
was, a member, officer or employee of a relevant
body, means actual or suspected conduct in the
20 nature of criminal or corrupt activity by the person
while a member, officer or employee of the
relevant body;
"security bodyguard's licence" means a licence
issued for the purposes of section 18A;
25 "security consultant's licence" means a licence issued
for the purposes of section 17;
"security installer's licence" means a licence issued
for the purposes of section 18;
"temporary licence" means a licence referred to in
30 section 42A or 42B.
".
(3) Section 3 is amended by deleting the full stop after the
definition of "supplies" and inserting a semicolon instead.
page 4
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 6
6. Sections 4A and 4B inserted
After section 4 the following sections are inserted --
"
4A. Meaning of "prohibited person"
5 (1) In this Act, a person is a prohibited person --
(a) if there has been a finding of guilt in relation to
a disqualifying offence committed by the
person; and
(b) during the disqualifying period prescribed in
10 respect of the offence.
(2) Subsection (1) applies to a person in respect of a
finding of guilt made on, or after, 1 January 1996.
(3) A disqualifying period may be prescribed to apply in
respect of --
15 (a) all disqualifying offences; or
(b) a particular kind of disqualifying offence, or
particular kinds of disqualifying offences; or
(c) disqualifying offences of a particular class or
description, including offences described by
20 reference to the type of finding of guilt that
applies in relation to the offences.
4B. Meaning of "finding of guilt"
(1) In this Act, a reference to a finding of guilt in relation
to an offence committed by a person is a reference to
25 any of the following --
(a) a court making a formal finding of guilt in
relation to the offence;
(b) a court convicting the person of the offence, if
there has been no formal finding of guilt before
30 conviction;
page 5
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 7
(c) a court accepting a plea of guilty from the
person in relation to the offence;
(d) a finding under The Criminal Code section 27
that the person is not guilty of the offence on
5 account of unsoundness of mind or a finding
under equivalent provisions of the laws of
another jurisdiction.
(2) For the purposes of this Act --
(a) a reference to a finding of guilt does not include
10 a finding of guilt that is subsequently quashed
or set aside by a court; and
(b) a reference to a conviction includes a reference
to a spent conviction.
(3) For the purposes of subsection (2)(b), the conviction of
15 a prohibited person becomes spent if, under a law in
any jurisdiction, the prohibited person is permitted not
to disclose the fact that a finding of guilt has been
made in relation to the offence.
".
20 7. Section 7 amended
(1) Section 7(1) is amended by deleting "of licensing officers as are
required for the purposes of this Act." and inserting instead --
"
of --
25 (a) compliance officers; and
(b) licensing officers,
as are required for the purposes of this Act.
".
(2) Section 7(3) is amended by inserting after "done by" --
30 " a compliance officer or ".
page 6
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 8
8. Section 7A inserted
After section 7 the following section is inserted --
"
7A. Cards to identify compliance and licensing officers
5 (1) The Commissioner is to issue a card to each
compliance officer and each licensing officer for the
purpose of identifying the officer.
(2) A card referred to in subsection (1) must --
(a) include a statement to the effect that the person
10 identified by the card is a compliance officer or
a licensing officer, as is relevant, under
this Act; and
(b) include a photograph of the person identified by
the card.
15 (3) If a person to whom a card is issued under this section
ceases to be a compliance officer or a licensing officer,
the person must immediately return the card to the
Commissioner.
Penalty: a fine of $2 000.
20 (4) A compliance officer or a licensing officer is to
produce the card issued to the officer under this section
for inspection if requested to do so by --
(a) a police officer; or
(b) a person in respect of whom a power under
25 section 61, 75, 85 or 86 is being exercised by
the compliance officer or licensing officer.
".
page 7
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 9
9. Section 8A inserted
After section 8 the following section is inserted --
"
8A. Disclosure of exempted matter under Freedom of
5 Information Act 1992
A person who has exercised, or intends to exercise, a
power under this Act affecting another person is not
required under any enactment or other law to give to
that person notice of the grounds on which, or the
10 reasons for which, the power is, or will be, exercised if
giving that notice would involve the disclosure of
information that is exempt matter under the Freedom of
Information Act 1992 Schedule 1 clause 5.
".
15 10. Section 9A inserted
After section 9 the following section is inserted --
"
9A. Delegation by the Commissioner
(1) The Commissioner may delegate any of the following
20 powers or duties of the Commissioner --
(a) to approve a form under section 46 or 49; or
(b) a power or duty under section 10A, 47(1)(b),
58, 63(2)(a) or 80,
as is specified in the delegation, to --
25 (c) an officer of the Department; or
(d) a police officer who is specified, or is of a rank
specified, in the delegation.
(2) The Commissioner may delegate any power or duty of
the Commissioner under section 67, 67A or 81 as is
30 specified in the delegation, to an officer of the
Department.
page 8
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 11
(3) The delegation must be in writing signed by the
Commissioner.
(4) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
5 (5) A person exercising or performing a power or duty that
has been delegated to the person under this section, is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(6) Nothing in this section limits the ability of the
10 Commissioner to perform a function through an officer
or agent.
".
11. Section 10 amended
Section 10(1)(a) is amended by inserting after "type" --
15 " and, where relevant, the class, ".
12. Section 10A inserted
After section 10 the following section is inserted in Part 2 --
"
10A. Information relevant to section 79A may be given to
20 holder of agent's licence
The Commissioner may, by notice in writing given to a
person who holds an agent's licence, inform that
person that section 79A(2) applies in respect of an
employee of that person.
25 ".
13. Section 11 amended
Section 11 is amended as follows:
(a) at the end of paragraph (a) by inserting --
" or ";
page 9
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 14
(b) at the end of paragraph (c) by deleting the full stop and
inserting instead --
"
; or
5 (d) security bodyguards.
".
14. Section 13 amended
Section 13 is amended as follows:
(a) by inserting after "who" --
10 " carries out all, or any, of the following activities ";
(b) by deleting "or" after paragraph (a).
15. Section 14 amended
Section 14(1) is amended as follows:
(a) by inserting after "repairs" --
15 " all, or any, of the following ";
(b) by deleting "or" after paragraph (f).
16. Section 14A inserted
After section 14 the following section is inserted in
Division 1 --
20 "
14A. Definition of "security bodyguard"
A security bodyguard is a person who for remuneration
escorts another person as a guard or protector.
".
25 17. Section 17 amended
(1) Section 17 is amended by inserting before "A" the subsection
designation "(1)".
page 10
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 18
(2) The penalty provision at the end of section 17 is deleted and the
following is inserted instead --
"
(2) A person must not carry out such activities of a
5 security consultant that a person holding a particular
class of security consultant's licence is authorised to
carry out except under the authority of a security
consultant's licence of that class.
Penalty: a fine of $15 000.
10 ".
18. Section 18 amended
(1) Section 18 is amended by inserting before "A" the subsection
designation "(1)".
(2) The penalty provision at the end of section 18 is deleted and the
15 following is inserted instead --
"
(2) A person must not carry out such activities of a
security installer that a person holding a particular class
of security installer's licence is authorised to carry out
20 except under the authority of a security installer's
licence of that class.
Penalty: a fine of $15 000.
".
19. Section 18A inserted
25 After section 18 the following section is inserted --
"
18A. Security bodyguards to be licensed
A person must not act as a security bodyguard except
under the authority of a security bodyguard's licence.
30 Penalty: a fine of $15 000.
".
page 11
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 20
20. Section 19 amended
(1) Section 19(1) is amended as follows:
(a) at the end of paragraph (a) by inserting --
" or ";
5 (b) at the end of paragraph (c) by deleting the comma and
inserting instead --
"
; or
(d) security bodyguard,
10 ";
(c) by deleting "and that security agent is specified in the
person's licence under section 59".
(2) Section 19(2) is amended by deleting "holds the relevant licence
referred to in section 16, 17 or 18." and inserting instead --
15 "
is acting under the authority of a licence referred to in
section 16, 17, 18 or 18A, as is relevant.
".
21. Section 20 replaced
20 Section 20 is repealed and the following section is inserted
instead --
"
20. Unlicensed person not to be employed as security
officer etc.
25 (1) A person must not employ as a --
(a) security officer a person who does not hold a
security officer's licence; or
(b) security consultant a person who does not hold
a security consultant's licence; or
30 (c) security installer a person who does not hold a
security installer's licence; or
page 12
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 22
(d) security bodyguard a person who does not hold
a security bodyguard's licence.
(2) A person must not employ a person to carry out any
activity as a security officer, security consultant,
5 security installer or security bodyguard unless the
person holds a licence authorising the person to carry
out the activities the person is employed to carry out.
Penalty: a fine of $15 000.
".
10 22. Section 21 amended
Section 21(1) is amended as follows:
(a) at the end of paragraph (a) by inserting --
" or ";
(b) at the end of paragraph (c) by deleting the comma and
15 inserting instead --
"
; or
(d) security bodyguards,
".
20 23. Section 23 amended
Section 23 is amended as follows:
(a) after paragraph (a) by deleting "or" and inserting
instead --
" and ";
25 (b) by deleting from paragraph (b) to "it is subject." and
inserting instead --
"
(b) he or she complies with --
(i) the terms of the endorsement and any
30 permit held by the officer under
section 25; and
page 13
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 24
(ii) any condition or restriction to which the
endorsement or permit is subject.
".
24. Section 24 amended
5 Section 24(5)(b) is amended by deleting "periodical medical
examinations of a kind specified in the regulations." and
inserting instead --
"
prescribed medical examinations in prescribed
10 circumstances or at prescribed times.
".
25. Section 25 amended
(1) Section 25(1) is amended by inserting after "protecting" --
" money or ".
15 (2) After section 25(1) the following subsection is inserted --
"
(1a) A permit under this section may be issued only to a
security officer whose licence is endorsed under
section 24.
20 ".
26. Section 31 amended
Section 31(1) is amended by deleting "and that inquiry agent is
specified in the person's licence under section 59".
27. Section 38 amended
25 Section 38(1) is amended by deleting "and that crowd control
agent is specified in the person's licence under section 59".
page 14
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 28
28. Section 41 amended
(1) Section 41(1) is amended by inserting after "armed" --
" security ".
(2) Section 41(2) is amended as follows:
5 (a) by inserting after "armed" --
" security ";
(b) by deleting "that person's guard" and inserting
instead --
" a guard ".
10 29. Part 6A inserted
After section 42 the following Part is inserted --
"
Part 6A -- Temporary licences for
interstate visitors
15 42A. Temporary licence -- security activities
(1) A person who ordinarily resides in another State or
Territory may apply, in accordance with section 46, for
a licence (a "temporary licence") to carry out in
Western Australia any activity, or activities, as a crowd
20 controller, investigator, security bodyguard, security
consultant, security officer or security installer that
may be authorised under this Act.
(2) A temporary licence --
(a) is to be granted for such period of time of not
25 more than one year as is specified in the
licence; and
(b) is not renewable.
page 15
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 30
(3) The holder of a temporary licence under this section
does not commit an offence under this Act while acting
under and in accordance with that licence.
42B. Temporary licence -- agent services
5 (1) A person who ordinarily resides in another State or
Territory may apply, in accordance with section 46, for
a licence (a "temporary licence") to supply in
Western Australia any service, or services, as a security
agent, inquiry agent or crowd control agent that may be
10 authorised under this Act.
(2) A temporary licence --
(a) is to be granted for such period of time of not
more than one year as is specified in the
licence; and
15 (b) is not renewable.
(3) The holder of a temporary licence under this section
does not commit an offence under this Act while acting
under and in accordance with that licence.
".
20 30. Section 46 amended
Section 46(1) is amended as follows:
(a) after paragraph (a) by inserting --
" and ";
(b) in paragraph (c) by deleting "prescribed fee." and
25 inserting instead --
" fee prescribed in respect of the licence. ".
31. Section 47 amended
(1) Section 47(1) is amended by inserting after "issue of a
licence" --
30 " , other than a temporary licence, ".
page 16
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 31
(2) Section 47(1)(a) is deleted and the following paragraph is
inserted instead --
"
(a) such evidence as is prescribed of the age and
5 identity of the applicant;
".
(3) Section 47(1)(c) is deleted and the following paragraph is
inserted instead --
"
10 (c) testimonials as to the applicant's character from
2 persons who have known the applicant for the
whole of the 5 year period before the
application was made;
".
15 (4) Section 47(1)(f) is amended as follows:
(a) in subparagraph (i) by deleting "prescribed course of
training;" and inserting instead --
"
course of training prescribed in respect
20 of the licence;
";
(b) in subparagraph (ii) by deleting "prescribed test or
examination;" and inserting instead --
"
25 test or examination prescribed in respect
of the licence;
".
(5) After section 47(2) the following subsections are inserted --
"
30 (2a) An application for the issue of a temporary licence is to
be accompanied by --
(a) such evidence as is prescribed of the age and
identity of the applicant; and
page 17
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 31
(b) evidence that the person is licensed or
registered or otherwise authorised in his or her
State or Territory of residence to carry out the
activity or activities for which the licence is
5 sought; and
(c) other evidence of a nature or in a form that is
prescribed.
(2b) If requested by a licensing officer to do so, the
applicant must do everything that is, in the opinion of
10 the licensing officer, within the applicant's power to
procure or facilitate the release to the licensing officer
of all information held by a relevant body concerning
relevant conduct by --
(a) the applicant; or
15 (b) a natural person who is relevant to the
application under section 56.
(2c) Subsection (2b) applies in respect of an applicant even
if the application for the licence was made before the
commencement of the Security and Related Activities
20 (Control) Amendment Act 2007 section 31, unless the
application has been refused, or the licence issued,
before that time.
".
(6) Section 47(3) is amended as follows:
25 (a) by inserting after "information" --
" and evidence ";
(b) by deleting the full stop at the end of the subsection and
inserting instead --
"
30 , including all or any of the following --
(a) further information and evidence that the
licensing officer reasonably needs to establish
the applicant's identity;
page 18
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 31
(b) if the applicant is a relevant applicant,
information as to all or any of the following --
(i) the country, or countries, in which the
applicant has spent time during the
5 period of 5 years commencing
immediately before the making of the
application;
(ii) the length of time the applicant spent in
that country, or those countries;
10 (iii) the reason why the applicant spent time
in that country, or those countries;
(iv) the persons that the applicant associated
with in that country, or those countries;
(v) the background, and the reputation,
15 honesty and integrity of, any such
persons;
(c) if the applicant is a relevant applicant, a record
of the criminal convictions, if any, of the
applicant for offences under the law of any
20 country, or countries, in which the applicant
spent time during the period of 5 years
commencing immediately before the making of
the application, provided by a competent
authority of the government of that country.
25 ".
(7) After section 47(3) the following subsection is inserted --
"
(4) In subsection (3) --
"relevant applicant" means an applicant who --
30 (a) has spent more than 12 consecutive months
outside Australia during the period of 5 years
commencing immediately before the making
of the application; or
page 19
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 32
(b) has not been a resident of Australia for the
whole of the period of 5 years commencing
immediately before the making of the
application.
5 ".
32. Section 48 amended
(1) Section 48(1) is amended as follows:
(a) by deleting "A licensing" and inserting instead --
" Subject to subsection (1a), a licensing ";
10 (b) by deleting paragraphs (a) to (d) and "and" after
paragraph (c) and inserting the following paragraphs
instead --
"
(a) a person who has applied for a licence; or
15 (b) a person who has applied for --
(i) the renewal of a licence; or
(ii) a permit under section 25; or
(iii) an endorsement under section 24 or 26,
if the person has not previously had his or her
20 fingerprints and palm prints taken under this
section, or if such prints previously taken under
this section have been destroyed at the person's
election.
".
25 (2) After section 48(1) the following subsection is inserted --
"
(1a) A requirement under subsection (1) may be made
orally if the person is present at the place where the
fingerprints and palm prints are to be taken.
30 ".
page 20
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 32
(3) Section 48(2) is amended by deleting "such a requirement" and
inserting instead --
" a requirement under subsection (1) ".
(4) After section 48(2) the following subsections are inserted --
5 "
(2a) An application --
(a) for the issue of a licence, permit or
endorsement; or
(b) for the renewal of a licence,
10 is to set out an election to be made by the applicant as
to whether any fingerprints and palm prints taken from
the applicant under this section, and any copy of
them --
(c) can be kept by the Commissioner indefinitely;
15 or
(d) are to be dealt with in accordance with
subsections (3) and (4).
(2b) The fingerprints and palm prints of an applicant who
makes an election referred to in subsection (2a)(c) are
20 to be kept by the Commissioner in accordance with that
election and, unless the applicant subsequently changes
the election, subsections (3) and (4) do not apply in
respect of those prints or copies.
(2c) Before making an election referred to in
25 subsection (2a) the applicant is to be informed as to the
following matters --
(a) that the prints taken may be compared with or
put in a forensic database, within the meaning
of the Criminal Investigation (Identifying
30 People) Act 2002;
(b) that the prints taken may provide evidence that
could be used in court against the applicant;
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Security and Related Activities (Control) Amendment Bill 2007
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Act 1996
s. 33
(c) that the applicant may subsequently change an
election made under subsection (2a) by
notifying the Commissioner;
(d) that the applicant may get legal advice before
5 deciding whether or not to have the prints taken
and making an election under subsection (2a);
(e) such other matters as may be prescribed.
(2d) The information in subsection (2c) may be provided in
writing.
10 ".
(5) Section 48(3) is amended by deleting "The" and inserting
instead --
" If an election is made under subsection (2a)(d), then the ".
(6) After section 48(4) the following subsection is inserted --
15 "
(5) If a person subsequently changes an election made
under subsection (2a) and elects that prints taken are to
be dealt with in accordance with subsections (3) and
(4), and the time for destroying the prints under those
20 provisions has already passed, the Commissioner is to
cause the prints and any copy of them to be destroyed
as soon as is practicable after the election is changed.
".
33. Section 49 amended
25 Section 49(1) is amended as follows:
(a) after paragraph (a) by inserting --
" and ";
(b) in paragraph (c) by deleting "prescribed fee." and
inserting instead --
30 " fee prescribed in respect of the licence. ".
page 22
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 34
34. Section 50 amended
(1) Section 50 is amended by inserting before "An" the subsection
designation "(1)".
(2) At the end of section 50 the following subsections are
5 inserted --
"
(2) If requested by a licensing officer to do so, an applicant
for renewal of a licence must do everything that is, in
the opinion of the licensing officer, within the
10 applicant's power to procure or facilitate the release to
the licensing officer of all information held by a
relevant body concerning relevant conduct by --
(a) the applicant; or
(b) a natural person who is relevant to the
15 application under section 56.
(3) Subsection (2) applies to an application lodged before,
on or after the day on which the Security and Related
Activities (Control) Amendment Act 2007 section 34,
comes into operation unless the application has been
20 refused, or the licence renewed, before that time.
".
35. Section 52 amended
(1) Section 52 is amended as follows:
(a) by inserting before "A licensing" the subsection
25 designation "(1)";
(b) by inserting after "issue a licence" --
" , other than a temporary licence, ";
(c) by inserting after paragraph (c) the following --
"
30 (ca) that the applicant is not a prohibited person;
and
page 23
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 35
(cb) where there is a charge pending in relation to
the applicant for a disqualifying offence, that
extenuating circumstances exist; and
";
5 (d) in paragraph (g)(i) by deleting "prescribed course of
training;" and inserting instead --
"
course of training prescribed in respect
of the licence;
10 ";
(e) in paragraph(g)(ii) by deleting "prescribed test or
examination;" and inserting instead --
"
test or examination prescribed in respect
15 of the licence;
";
(f) after each of paragraphs (a) to (c) and (d) to (i) by
inserting --
" and ".
20 (2) At the end of section 52 the following subsections are
inserted --
"
(2) A licensing officer is not to issue a temporary licence
unless the officer is satisfied --
25 (a) that there is sufficient evidence of the
applicant's identity; and
(b) that the applicant is not a prohibited person;
and
(c) where there is a charge pending in relation to
30 the applicant for a disqualifying offence, that
extenuating circumstances exist; and
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Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
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s. 36
(d) that the person is licensed or registered or
otherwise authorised in his or her State or
Territory of residence to carry out the activity
or activities for which the licence is sought; and
5 (e) that the application complies with such other
requirements as may be prescribed; and
(f) that there is no other good reason why the
licence should not be issued.
(3) Section 52A and subsection (1)(b) and (c) do not limit
10 the matters that a licensing officer may take into
consideration for the purposes of subsection (1).
".
36. Section 52A inserted
After section 52 the following section is inserted --
15 "
52A. Matters to be taken into account in deciding
whether to issue licence
(1) In deciding whether, under section 52(1)(c), an
applicant is of good character and is a fit and proper
20 person to hold a licence, the licensing officer must take
into consideration --
(a) the reputation, honesty and integrity of --
(i) the applicant; and
(ii) where the licence is to be held on behalf
25 of a partnership or body corporate, the
partners of the partnership and the
officers of the body corporate;
and
(b) the reputation, honesty and integrity of people
30 with whom --
(i) the applicant associates; and
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Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 37
(ii) where the licence is to be held on behalf
of a partnership or body corporate, the
partners of the partnership and the
officers of the body corporate associate.
5 (2) A licence can be issued only if the licensing officer is
satisfied that to issue the licence to the applicant would
not be contrary to the public interest.
".
37. Section 53 amended
10 (1) Section 53(2) is amended by deleting "prescribed course of
training" and inserting instead --
" course of training prescribed in respect of the licence ".
(2) Section 53(1), (2) and (3) are amended by deleting "52(g)(i)" in
each place where it occurs and inserting instead --
15 " 52(1)(g)(i) ".
38. Section 54 repealed
Section 54 is repealed.
39. Section 55 replaced
Section 55 is repealed and the following section is inserted
20 instead --
"
55. Refusal of renewal
(1) Subject to subsection (2), a licensing officer is not to
renew an applicant's licence --
25 (a) if in the officer's opinion there are sufficient
grounds --
(i) to make an allegation to the State
Administrative Tribunal under
section 67(1) in respect of the applicant;
30 or
page 26
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 40
(ii) for the exercise of the power to revoke
the licence under section 67A(1)(a) or
81(1); or
(iii) for the exercise of the power to suspend
5 the licence under section 67A(2);
or
(b) if the officer is satisfied that the applicant is a
prohibited person.
(2) Despite subsection (1)(a)(i), a licensing officer may
10 renew an applicant's licence if --
(a) the allegation that may be made under
section 67(1) is that there is proper cause for
disciplinary action as mentioned in
section 67(1a)(c), (d) or (e); and
15 (b) the licensing officer is of the opinion that it is
appropriate to do so in the circumstances of the
particular case.
".
40. Section 56 amended
20 (1) Section 56 is amended by deleting "52" and inserting instead --
" 52(1) ".
(2) Section 56(d) is deleted and the following paragraph is inserted
instead --
"
25 (d) a person who would have a substantial holding
in the body corporate under the definition of
"substantial holding" in the Commonwealth
Corporations Act 2001 section 9 if the
reference in that definition to 5% were a
30 reference to 25%.
".
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Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 41
(3) Section 56 is amended by inserting at the end of each of
paragraphs (a) and (b) --
" and ".
41. Section 59 repealed
5 Section 59 is repealed.
42. Section 60 amended
Section 60 is amended as follows:
(a) by deleting "section 67," and inserting instead --
" this Act, ";
10 (b) by deleting "or when the prospective licensee requests a
shorter period of licence, a licence shall be issued or
renewed for a period of 3 years." and inserting
instead --
"
15 , a licence shall be issued or renewed --
(a) for a period of 3 years, or such shorter period as
is requested; or
(b) for the duration of a special event or events,
as is specified in the licence.
20 ".
43. Section 61 amended
Section 61(2) is amended as follows:
(a) in paragraph (a) by inserting after "a" --
" compliance officer or a ";
25 (b) in the penalty provision by inserting before "$200" --
" a fine of ".
page 28
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 44
44. Heading to Part 7 Division 4 amended
The heading to Part 7 Division 4 is amended by deleting
"against licensees".
45. Section 66A inserted
5 Before section 67 the following section is inserted in Part 7
Division 4 --
"
66A. Interpretation
In this Division --
10 "licensee" includes a person referred to in
section 67(1)(b).
".
46. Section 67 amended
(1) Section 67(1) is amended by deleting "against a licensee." and
15 inserting instead --
"
against a person who --
(a) holds a licence; or
(b) held a licence when the conduct giving rise to
20 the allegation occurred but who no longer holds
a licence.
".
(2) Section 67(1a) is amended as follows:
(a) in paragraph (a) --
25 (i) by deleting "no longer meets" and inserting
instead --
" does not meet ";
(ii) by deleting "52(c)," and inserting instead --
" 52(1)(c), ";
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Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 46
(b) in paragraph (b) --
(i) by deleting "no longer" and inserting instead --
" does not ";
(ii) by deleting "52(c)," and inserting instead --
5 " 52(1)(c), ";
(c) at the end of paragraph (e) by deleting the full stop and
inserting instead --
"
; or
10 (f) it would be contrary to the public interest if the
licensee were to continue to be licensed.
";
(d) at the end of paragraphs (a), (b) and (c) by inserting --
" or ".
15 (3) Section 67(2) is amended by deleting "Tribunal may revoke the
licence of the licensee or cancel an endorsement on the licence
under section 24 or 26." and inserting instead --
"
Tribunal --
20 (a) may --
(i) revoke the licence of the licensee; or
(ii) cancel an endorsement on the licence
under section 24 or 26; or
(iii) suspend the operation of the licence for
25 a particular period;
and
(b) if an order is made under paragraph (a), or the
licensee is a person referred to in
subsection (1)(b), order that the licensee be
30 disqualified from holding --
(i) a licence, or a licence of a particular
type or class; or
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Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 47
(ii) a licence, or a licence of a particular
type or class, that is endorsed under
section 24 or 26,
for a particular period not exceeding 3 years.
5 ".
(4) Section 67(3), (3a), (3b) and (4) are repealed.
47. Sections 67A and 67B inserted
After section 67 the following sections are inserted --
"
10 67A. Summary power to revoke and suspend licences
(1) If the Commissioner --
(a) is of the opinion that the safety or welfare of
members of the public is or may be at risk from
the continuance in force of a licence; or
15 (b) is satisfied that a licensee is a prohibited
person,
the Commissioner must give to the licensee written
notice of the revocation of the licence or, if
paragraph (b) is applicable, of every licence held by the
20 licensee --
(c) stating the grounds on which the revocation is,
or revocations are, made; and
(d) in the case of the grounds set out in
paragraph (a), advising that the Commissioner
25 will refer the matter to the State Administrative
Tribunal within 14 days of the making of the
notice,
and the licence, or licences, held by the licensee are
revoked when the notice is received by the licensee.
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Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 47
(2) If the Commissioner is satisfied that --
(a) a security officer whose licence is endorsed
under section 24 has, without reasonable
excuse, refused or failed to undergo a
5 prescribed medical examination or in any way
obstructed the examination; or
(b) a licensee has, without reasonable excuse,
refused or failed to comply with a request made
under section 68A(2); or
10 (c) there is a charge pending in relation to a
licensee for a disqualifying offence and that no
extenuating circumstances exist,
the Commissioner must give to the licensee written
notice of the suspension of every licence held by the
15 licensee --
(d) stating that the licence is, or licences are,
suspended under this subsection and --
(i) if the suspension is, or suspensions are,
under paragraph (a), giving details of
20 the prescribed medical examination; or
(ii) if the suspension is, or suspensions are,
under paragraph (b), giving details of
the request made under section 68A(2);
or
25 (iii) if the suspension is, or suspensions are,
under paragraph (c), referring to the
charge on which the decision was based;
and
(e) stating --
30 (i) the period of time for which the licence,
or licences, are suspended; or
(ii) that the suspension is, or suspensions
are, until the occurrence of a specified
event;
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Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 47
and
(f) advising that the Commissioner will refer the
matter to the State Administrative Tribunal
within 14 days of the making of the notice,
5 and the licence is, or licences are, suspended when the
notice is received by the licensee.
(3) If a licence is revoked or suspended under
subsection (1)(a) or (2), the Commissioner may also, in
the notice of revocation, disqualify the licensee from
10 holding --
(a) a licence, or a licence of a particular type or
class; or
(b) a licence, or a licence of a particular type or
class, that is endorsed under section 24 or 26,
15 from when the notice is received by the licensee until
such time as is specified in the notice, being a period
not exceeding 3 years.
(4) Within 14 days of a notice being given under
subsection (1)(a) or (2) the Commissioner must --
20 (a) refer the matter in respect of which the notice
was given to the State Administrative Tribunal;
and
(b) ensure that any other proceedings under this
Division in respect of the matter commenced
25 before the notice was given are discontinued.
(5) For the purposes of subsections (1) and (2), if a notice
is sent by post to the address for service provided by
the person under section 47(2), it is to be presumed,
unless the contrary is shown, to have been received by
30 the person at the time when, in the ordinary course of
events, it would have been delivered.
page 33
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 48
67B. Return of revoked licence and identity card
A person whose licence has been revoked or suspended
must comply with any directions given by a licensing
officer in relation to delivering up the licence and the
5 identity card issued to the person.
Penalty: a fine of $2 000.
".
48. Section 68A inserted
After section 68 the following section is inserted --
10 "
68A. Consent to release information
(1) In this section --
"relevant person", in relation to a licensee, means --
(a) the licensee; or
15 (b) if the licensee holds the licence on behalf of
a partnership, a partner in the partnership; or
(c) if the licensee holds the licence on behalf of
a body corporate --
(i) an officer of the body corporate; or
20 (ii) a person who would have a
substantial holding in the body
corporate under the definition of
"substantial holding" in the
Commonwealth Corporations
25 Act 2001 section 9 if the reference in
that definition to 5% were a reference
to 25%.
(2) If requested by a licensing officer to do so, a licensee
must do everything that is, in the opinion of the
30 licensing officer, within the licensee's power to
procure or facilitate release to the licensing officer of
page 34
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 49
all information held by a relevant body concerning
relevant conduct by a relevant person.
(3) A licensee must comply with a request made under
subsection (2) within the period of time specified in
5 writing by the licensing officer, being a period of time
not less than 7 days.
".
49. Section 69 amended
(1) Section 69(1) is amended as follows:
10 (a) by deleting "Where a licensee is convicted by any court
of an offence against this Act, the court may, in addition
to any penalty imposed or order made in respect of the
conviction --" and inserting instead --
"
15 Where a finding of guilt has been made by a court in
respect of an offence against this Act, or any other Act,
committed by a licensee the court may, in addition to
any penalty imposed or order made in respect of the
matter --
20 ";
(b) by inserting after paragraph (a) the following --
"
or
(aa) suspend the operation of the licence for any
25 period specified in the order; or
".
(2) After subsection (1) the following subsection is inserted --
"
(1a) Subsection (1) does not apply in relation to a
30 disqualifying offence.
".
page 35
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 50
(3) After section 69(2) the following subsection is inserted --
"
(3) When making an order under subsection (1)(a) the
court may, if it thinks fit, order that the licensee be
5 disqualified from holding --
(a) a licence, or a licence of a particular type or
class; or
(b) a licence, or a licence of a particular type or
class, that is endorsed under section 24 or 26,
10 for a particular period not exceeding 3 years.
".
50. Section 72 amended
Section 72(2) is amended in the definition of "reviewable
decision" as follows:
15 (a) in paragraph (c) by inserting after "licence" --
" , a permit under section 25 ";
(b) by inserting after paragraph (c) --
"
(ca) to refuse to issue a permit under section 25;
20 or
(cb) as to the period for which a permit under
section 25 is issued; or
";
(c) in paragraph (d) by inserting after "revoke" --
25 " or suspend ";
(d) after each of paragraphs (a) to (c) by inserting --
" or ".
51. Section 73 repealed
Section 73 is repealed.
page 36
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 52
52. Section 75 amended
Section 75 is amended by inserting after "force," --
" , a compliance officer or a licensing officer, ".
53. Section 76 amended
5 Section 76(b) is amended as follows:
(a) at the end of paragraph (b) by deleting the comma and
inserting instead --
"
; or
10 (c) has been surrendered in accordance with the
regulations,
";
(b) by deleting "as soon as is practicable after the expiry or
termination of the licence, deliver to the Commissioner"
15 and inserting instead --
"
, in accordance with the regulations, deliver to a
licensing officer
".
20 54. Section 77 amended
(1) Section 77(1) is amended by deleting "give to the
Commissioner" and inserting instead --
"
, in accordance with the regulations, give to a licensing
25 officer
".
(2) Section 77(2) is amended by deleting "give to the
Commissioner" and inserting instead --
"
30 , in accordance with the regulations, give to a licensing
officer
".
page 37
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 55
55. Section 77A inserted
After section 77 the following section is inserted --
"
77A. Licensee to give notice about offences
5 (1) A licensee must give to a licensing officer written
notice within 7 days after --
(a) being charged with a disqualifying offence; or
(b) there has been a finding of guilt in relation to
an offence committed by the licensee,
10 setting out details of the charge, offence, conviction,
finding or plea.
Penalty: a fine of $2 000.
(2) As soon as is possible after receiving notice under this
section, the licensing officer to whom the notice was
15 given is to consider the notice and any other
information he or she considers relevant and take such
action as he or she considers appropriate, including to
refer the matter to the Commissioner as to either or
both of the following matters --
20 (a) whether the licence of the person should be
revoked or suspended under section 67A;
(b) whether an allegation should be made under
section 67(1).
".
25 56. Section 78 amended
Section 78(2) is amended by deleting "notify the
Commissioner" and inserting instead --
"
, in accordance with the regulations, notify a licensing
30 officer
".
page 38
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 57
57. Section 79A inserted
After section 79 the following section is inserted in Part 8 --
"
79A. Certain unlicensed persons not to be employed in an
5 agent's business
(1) In subsection (1) --
"employ", in relation to the holder of an agent's
licence, includes --
(a) to have working in any capacity in the
10 business that the person carries out under the
agent's licence; and
(b) to provide remuneration or pay for that work,
whether by the person who holds the agent's
licence or by another person with the
15 agreement of the person who holds the
agent's licence.
(2) A person who holds an agent's licence is not to employ
in any capacity in the business that the person carries
out under the licence a person --
20 (a) who is unlicensed; and
(b) to whom the grant, or renewal, of a licence has
been refused, or whose licence is suspended or
revoked.
Penalty: a fine of $15 000.
25 (3) It is a defence to a charge of an offence under
subsection (2) to prove that the defendant did not
know, and could not by the exercise of reasonable
diligence have found out, that subsection (2) applies in
respect of a person.
30 ".
page 39
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 58
58. Heading to Part 9 amended
The heading to Part 9 is amended by deleting "of licensed
crowd controllers".
59. Section 79B inserted
5 Before section 80 the following section is inserted in Part 9 --
"
79B. Interpretation
In this Part --
"licensee" means the holder of --
10 (a) a crowd controller's licence; or
(b) a security officer's licence with an
endorsement under section 24 or 26; or
(c) a security officer's licence and a permit
under section 25.
15 ".
60. Section 80 amended
(1) Section 80(1) is amended by deleting "the holder of a crowd
controller's licence" and inserting instead --
" a licensee ".
20 (2) Section 80(5) is repealed.
61. Section 81 amended
(1) Section 81(1) is amended by deleting "A licensing officer may
revoke a crowd controller's" and inserting instead --
"
25 The Commissioner may, by written notice to a
licensee, revoke a
".
page 40
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 61
(2) Section 81(2) is repealed and the following subsections are
inserted instead --
"
(2) If a licence is revoked under subsection (1), the
5 Commissioner may also, in the notice of revocation,
disqualify the licensee from holding --
(a) a licence, or a licence of a particular type or
class; or
(b) a licence, or a licence of a particular type or
10 class, that is endorsed under section 24 or 26,
for a period not exceeding 3 years.
(2a) Before taking action under this section, the
Commissioner must --
(a) give the licensee written notice of the intention
15 to take the action, stating the grounds on which
the action is intended to be made and allowing
the licensee 21 days within which to respond to
the notice; and
(b) give due regard to any response to the notice
20 within that time.
(2b) The Commissioner is to give to the licensee written
notice of the revocation, and if relevant the
disqualification, at least 14 days before the revocation
is to take effect --
25 (a) stating the grounds on which the action is
taken; and
(b) stating when the revocation is to take effect;
and
(c) advising that the matter will be referred to the
30 State Administrative Tribunal within 14 days of
the making of the notice.
page 41
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 62
(2c) Within 14 days of a notice of the revocation of a
licence being given under this section the
Commissioner must refer the matter in respect of
which the notice was given to the State Administrative
5 Tribunal.
".
(3) Section 81(3) is amended --
(a) by deleting "a licensing officer" and inserting instead --
" the Commissioner "; and
10 (b) by deleting "67(3)." and inserting instead --
" 67A(1). ".
(4) Section 81(4) is repealed.
62. Section 82 amended
Section 82 is amended by deleting "the holder of a crowd
15 controller's licence" and inserting instead --
" a licensee ".
63. Heading inserted
Before section 84 in Part 10 the following is inserted --
" Division 1 -- Records ".
20 64. Section 84 amended
Section 84 is amended by deleting "Penalty for an individual:
$5 000." and "Penalty for a body corporate: $10 000." and
inserting instead --
" Penalty: a fine of $15 000. ".
25 65. Section 85 amended
Section 85(2) is amended by inserting before "a licensing
officer" --
" a compliance officer, ".
page 42
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 66
66. Section 86 amended
Section 86(1) is amended by inserting before "a member of the
police force" --
" a compliance officer, a licensing officer or ".
5 67. Section 87 amended
Section 87 is amended by inserting before "a member of the
police force" --
" a compliance officer, a licensing officer or ".
68. Part 10 Division 2 inserted
10 Section 88 is repealed and the following is inserted instead --
"
Division 2 -- Legal proceedings
88. Designated persons
(1) In sections 88A and 88B --
15 "designated person" means a person appointed under
subsection (2) to be a designated person for the
purposes of the provision in which the term is
used.
(2) The Commissioner may, in writing, appoint persons or
20 classes of persons to be designated persons for the
purposes of section 88A(2), (4) or 88B or for the
purposes of more than one of those provisions, but a
member of the police force, or a compliance officer,
who issues an infringement notice is not eligible to be a
25 designated person for the purposes of any of those
provisions in relation to that notice.
page 43
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 68
88A. Infringement notices
(1) A member of the police force, or a compliance officer,
who has reason to believe that a person --
(a) has committed a prescribed offence under this
5 Act; or
(b) is to be treated as having committed such an
offence by reason of section 89, 90 or 90A,
may, within 6 months after the alleged offence is
believed to have been committed, give an infringement
10 notice to the alleged offender.
(2) An infringement notice must --
(a) be in the prescribed form; and
(b) contain a description of the alleged offence; and
(c) advise that if the alleged offender does not wish
15 to be prosecuted for the alleged offence, the
amount of money specified in the notice as the
modified penalty for the offence may be paid to
a designated person within 28 days after the
date of the notice; and
20 (d) inform the alleged offender how and where the
money may be paid.
(3) In an infringement notice the amount specified as the
modified penalty for the alleged offence must be the
amount that was the prescribed modified penalty at the
25 time the alleged offence is believed to have been
committed.
(4) A designated person may, in a particular case, extend
the period of 28 days within which the modified
penalty may be paid and the extension may be allowed
30 whether or not the period of 28 days has elapsed.
page 44
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 68
(5) The modified penalty that may be prescribed for an
offence is not to exceed 20% of the maximum penalty
that could be imposed for that offence by a court.
88B. Withdrawal of infringement notice
5 (1) A designated person may, whether or not the modified
penalty has been paid, withdraw an infringement notice
by giving to the alleged offender a notice in the
prescribed form stating that the infringement notice has
been withdrawn.
10 (2) If an infringement notice is withdrawn after the
modified penalty has been paid, the amount paid must
be refunded.
88C. Benefit of paying modified penalty
If the modified penalty specified in an infringement
15 notice is paid within 28 days or any further time
allowed, and the notice has not been withdrawn, the
bringing of proceedings and the imposition of penalties
are prevented to the same extent as they would be if the
alleged offender had been convicted by a court of, and
20 punished for, the alleged offence.
88D. No admission implied by payment
The payment of a modified penalty is not to be
regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
25 88E. Application of penalties collected
An amount paid as a modified penalty is, subject to
section 88B(2), to be dealt with as if it were a penalty
imposed by a court as a penalty for an offence.
".
page 45
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 69
69. Section 89 amended
After section 89(2) the following subsection is inserted --
"
(2a) A partner or a body corporate may be proceeded
5 against and convicted of an offence against this Act by
virtue of subsection (1) whether or not proceedings are
taken against the licensee and whether or not the
licensee was convicted of the offence.
".
10 70. Section 90 amended
(1) Section 90 is amended by inserting before "Where" the
subsection designation "(1)".
(2) At the end of section 90 the following subsection is inserted --
"
15 (2) An officer of a body corporate may be proceeded
against and convicted of an offence against this Act by
virtue of section 89 and subsection (1) whether or not
proceedings are taken against the body corporate or the
licensee and whether or not the body corporate or
20 licensee was convicted of the offence.
".
71. Section 90A inserted
After section 90 the following section is inserted --
"
25 90A. Liability of agent for licensee
(1) Subject to subsection (2), where a licensee commits an
offence against this Act, a licensee's agent is to be
treated as having committed an offence and is liable to
the penalty prescribed for the offence committed by the
30 licensee.
page 46
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 72
(2) Subsection (1) does not apply to an agent who proves
that --
(a) the offence was committed without the agent's
consent or connivance; and
5 (b) the agent exercised all such due diligence to
prevent the commission of the offence as ought
to have been exercised in the circumstances.
(3) Proceedings under this section may be taken against an
agent whether or not proceedings are taken against the
10 licensee and whether or not the licensee was convicted
of the offence.
(4) In this section --
"agent", in relation to a licensee, means a person
who --
15 (a) holds an agent's licence; and
(b) employed the licensee at the time the
licensee committed the offence.
".
72. Section 91 amended
20 Section 91(4) is repealed.
73. Section 92 amended
Section 92(1) is amended by deleting "proceedings for an
offence against this Act" and inserting instead --
" legal proceedings before a court or tribunal ".
25 74. Section 93 amended
Section 93 is amended by inserting after "18," --
" 18A, ".
page 47
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 75
75. Heading inserted
After section 93 the following heading is inserted --
" Division 3 -- General provisions ".
76. Section 93A inserted
5 Before section 94 the following section is inserted --
"
93A. Licensee to provide name of agent
(1) When required to do so by a compliance officer, a
licensing officer or a member of the police force, a
10 licensee who is, or was, acting under the authority of a
licence is to provide the name and address of the agent
who, in accordance with section 19, 31 or 38, is, or at
the relevant time was, the employer of the licensee.
(2) A licensee must not refuse or fail to comply with a
15 requirement under this section and must not provide
information that is false or misleading.
Penalty: a fine of $2 000.
".
77. Section 94 amended
20 (1) Section 94(2) is amended as follows:
(a) by deleting paragraph (a) and "and" after it and inserting
instead --
"
(a) the preparation and, with the approval of the
25 Minister, publication of codes of conduct
setting out minimum standards of conduct to be
observed by all licensees or licensees who hold
licences of a particular type or class; and
";
page 48
Security and Related Activities (Control) Amendment Bill 2007
Amendments to the Security and Related Activities (Control) Part 2
Act 1996
s. 78
(b) after paragraph (b) by deleting the full stop and inserting
instead --
"
; and
5 (c) different classes of --
(i) security consultant's licence; or
(ii) security installer's licence,
restricting the services of security consultant or
security installer, as is relevant, that a person
10 holding a particular class of licence is
authorised to perform.
".
(2) Section 94(4) is amended by deleting "application for a security
officer's licence includes an application for an endorsement
15 under section 24 or 26." and inserting instead --
"
application for the issue or renewal --
(a) of a security officer's licence includes an
application for an endorsement under
20 section 24 or 26; or
(b) of a licence includes the taking of fingerprints
or palm prints.
".
78. Section 95 amended
25 Section 95(2) is repealed.
79. Schedule 1 repealed
Schedule 1 is repealed.
page 49
Security and Related Activities (Control) Amendment Bill 2007
Part 2 Amendments to the Security and Related Activities (Control)
Act 1996
s. 80
80. Certain provisions amended regarding penalties
(1) Each provision referred to in the Table to this subsection is
amended in the penalty provision by inserting
before "$2 000" --
5 " a fine of ".
Table
s. 68(2b) s. 78(2)
s. 75 s. 85(4)
s. 76 s. 87
s. 77(1) and (2)
(2) Each provision referred to in the Table to this subsection is
amended in the penalty provision by deleting "see section 88."
and inserting instead --
10 " a fine of $15 000. ".
Table
s. 8(1) s. 36
s. 15 s. 37
s. 16 s. 38(1)
s. 19(1) s. 39
s. 21(1) s. 40(1)
s. 23 s. 41(1)
s. 29 s. 51(1)
s. 30 s. 64
s. 31(1) s. 78(1)
s. 32 s. 79
s. 33(1)
page 50
Security and Related Activities (Control) Amendment Bill 2007
Amendments to other Acts Part 3
s. 81
Part 3 -- Amendments to other Acts
81. Firearms Act 1973 amended
(1) The amendment in this section is to the Firearms Act 1973.
(2) Section 16A is amended by inserting after "section 24" --
5 " , or a permit issued under section 25, ".
82. Spent Convictions Act 1988 amended
(1) The amendments in this section are to the Spent Convictions
Act 1988.
(2) Schedule 3 clause 1(1) is amended in the Table by deleting
10 item 8 and inserting instead --
"
8. A person who holds a licence or permit, Section 22
or who is applying for the issue or and
renewal of a licence or permit, under the Division 4
Security and Related Activities (Control)
Act 1996.
".
page 51
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