Western Australian Consolidated Regulations Western Australian Consolidated Regulations[Regulation 21]
Division 1 — Security agent’s licence
1 . Notification of change of personnel
(1) A security agent must
notify the Commissioner —
(a) if
the security agent’s licence is held on behalf of a partnership or body
corporate, of any change in the partners or the officers of the body
corporate; and
(b) in
every case, whenever a security officer, security consultant or security
installer commences or ceases to be employed in the business.
(2) The notice under
subclause (1) is to be in writing and given to the Commissioner within
21 days of the occurrence to which it relates.
(1) All security
officers must, at all times while performing licensed activities for a
business, wear a uniform that is of a type approved by the Commissioner.
(2) This condition
does not apply —
(a) to a
security officer who is engaged in loss prevention activities in a retail
store; or
(b) if a
licensing officer is satisfied that a security officer is engaged in escort
duties in circumstances that require the security officer to wear clothes
other than a uniform that is of a type approved by the Commissioner.
(3) A security officer
to whom subclause (2)(a) or (b) applies must not, while performing
licensed activities for a business, wear a uniform that is confusingly similar
to a uniform in use by a police force.
[Clause 2 inserted in Gazette
1 Sep 2005 p. 4085.]
A marking on a vehicle used by a security officer
while performing licensed activities for a business must not be confusingly
similar to a vehicle marking in use by a police force.
[Clause 3 inserted in Gazette
1 Sep 2005 p. 4086.]
(1) A security officer must not be in
possession of a firearm while performing any licensed activity for the
business unless —
(a) the
security officer’s licence is endorsed under section 24 for that
activity or the security officer holds a permit under section 25 for the
relevant occasion;
(b) the
business is an organization which holds a licence, permit or approval, issued
under the Firearms Act 1973 , that authorises the possession of firearms
by its employees; and
(c) the
firearm —
(i)
was provided to the security officer by the security
agent for the purpose of performing that activity; and
(ii)
is a firearm to which the licence referred to in
paragraph (b) applies.
(2) A security officer
must not be in possession of a baton while performing any licensed activity
for the business unless —
(a) the
security officer’s licence is endorsed under section 26; and
(b) the
baton is of a type approved by the Commissioner under section 26(2)(b).
(3) A security officer
must not be in possession of any other weapon while performing any licensed
activity for the business.
[Clause 4 amended in Gazette
1 Sep 2005 p. 4086.]
(1) A firearm used in
the business must be kept, while not being used, at the place of business
specified in the security agent’s licence in storage facilities which
are adequate to ensure its safety and to safeguard it from loss or improper
use.
(2) This condition
does not prevent a firearm used in the business being kept at the residence of
a security officer employed in the business if —
(a) the
security officer is on call to perform an activity of a kind referred to in
regulation 9(a) or (b); and
(b) the
firearm and any ammunition is stored in accordance with the requirements of
the Firearms Act 1973 .
[Clause 5 amended in Gazette
1 Sep 2005 p. 4086.]
(1) A security officer
whose licence is endorsed under section 24 must not be in possession of a
firearm while performing any licensed activity for the business unless he or
she successfully completes a training course in firearms discharge, at least
once in every 6 months, commencing on the day on which the endorsement
was issued.
(2) A security officer
whose licence is endorsed under section 26 must not be in possession of a
baton while performing any licensed activity for the business unless he or she
successfully completes an approved training course in baton use at least once
every 6 months commencing on the day on which the security officer first
successfully completed an approved training course in baton use.
[Clause 6 inserted in Gazette
1 Sep 2005 p. 4086-7; amended in Gazette 3 Oct 2006
p. 4346-7.]
Division 2 — Security officer’s licence
(1) A security officer
must, at all times while performing a licensed activity for a business, wear a
uniform that is of a type approved by the Commissioner.
(2) This condition
does not prevent the wearing of other items of clothing, in addition to the
approved uniform, if —
(a) the
approved uniform does not include items of that nature; and
(b)
those items are in keeping with the approved uniform.
(3) This condition
does not apply —
(a) to a
security officer who is engaged in loss prevention activities in a retail
store; or
(b) if a
licensing officer is satisfied that a security officer is engaged in escort
duties in circumstances that require the security officer to wear clothes
other than a uniform that is of a type approved by the Commissioner.
(4) A security officer
to whom subclause (3)(a) or (b) applies must not, while performing a
licensed activity for a business, wear a uniform that is confusingly similar
to a uniform in use by a police force.
[Clause 7 amended in Gazette
1 Sep 2005 p. 4087-8.]
A security officer
must not use a vehicle while performing licensed activities for a business if
a marking on the vehicle is confusingly similar to a vehicle marking in use by
a police force.
[Clause 8 inserted in Gazette
1 Sep 2005 p. 4088.]
(1) A security officer
must not be in possession of a firearm while performing any licensed activity
unless —
(a) the
security officer’s licence is endorsed under section 24 for that
activity or the security officer holds a permit under section 25 for the
relevant occasion; and
(b) the
firearm was provided to the security officer by the security agent for the
purpose of performing that activity.
(2) A security officer
must not be in possession of a baton while performing any licensed activity
unless —
(a) the
security officer’s licence is endorsed under section 26; and
(b) the
baton is of a type approved by the Commissioner under section 26(2)(b).
(3) A security officer
must not be in possession of any other weapon while performing any licensed
activity.
[Clause 9 amended in Gazette
1 Sep 2005 p. 4088.]
(1) A security officer who is in possession of a
firearm while performing a licensed activity for a security agent must, at the
end of the activity, promptly return the firearm to the security agent.
(2) This condition
does not prevent a security officer keeping the firearm at his or her
residence if —
(a) the
security officer is on call to perform an activity of a kind referred to in
regulation 9(a) or (b); and
(b) the
firearm and any ammunition is stored in accordance with the requirements of
the Firearms Act 1973 .
[Clause 10 amended in Gazette
1 Sep 2005 p. 4088.]
Division 2A — Security officer’s licence
endorsement
[Heading inserted in Gazette 3 Oct 2006
p. 4347.]
(1) A security officer whose licence is endorsed
under section 24 must successfully complete an approved training course
in firearms discharge, at least once in every 6 months, commencing on the
day on which the endorsement was issued.
(2) A security officer
whose licence is endorsed under section 26 must successfully complete an
approved training course in baton use at least once every 6 months
commencing on the day on which the security officer first successfully
completed an approved training course in baton use.
[Clause 11 inserted in Gazette
1 Sep 2005 p. 4089; amended in Gazette 3 Oct 2006
p. 4347.]
Division 3 — Inquiry agent’s licence
12 . Notification of change of personnel
(1) An inquiry agent must
notify the Commissioner —
(a) if
the inquiry agent’s licence is held on behalf of a partnership or body
corporate, of any change in the partners or the officers of the body
corporate; and
(b) in
every case, whenever an investigator commences or ceases to be employed in the
business.
(2) The notice under
subclause (1) is to be in writing and given to the Commissioner within
21 days of the occurrence to which it relates.
Division 4 — Crowd control agent’s licence
13 . Notification of change of personnel
(1) A crowd control agent
must notify the Commissioner —
(a) if
the crowd control agent’s licence is held on behalf of a partnership or
body corporate, of any change in the partners or the officers of the body
corporate; and
(b) in
every case, whenever a crowd controller commences or ceases to be employed in
the business.
(2) The notice under
subclause (1) is to be in writing and given to the Commissioner within
21 days of the occurrence to which it relates.
14 . Wearing of identification cards
A crowd control agent to whom
an identification card has been issued under section 61 must wear that
card —
(a) on
his or her chest; and
(b) in
such a manner that his or her photograph and licence number are clearly
visible to other persons,
at all times while the
agent is at any place for the purpose of supervising crowd controllers
employed in the business.
[Clause 14 amended in Gazette
1 Sep 2005 p. 4089.]
Before the start of any event or function
at which a crowd control business is engaged to provide crowd controllers, the
crowd control agent must give to the person who engaged the business a written
notice setting out —
(a) the
name and licence number of the crowd control agent;
(b) if
the crowd control agent’s licence is held on behalf of a partnership or
body corporate, the name of the partnership or body corporate;
(c) the
names and licence numbers of all crowd controllers who will be performing
crowd control activities at the event or function for the business;
(d) the
times during which each of those crowd controllers will be performing those
activities; and
(e) a
statement to the effect that the person who engaged the business is required
by section 84 of the Act to retain the notice for 3 years.
[Clause 15 amended in Gazette
1 Sep 2005 p. 4089.]
16 . No weapons to be carried by crowd controllers
(1) A crowd controller
must not be in possession of any firearm, baton or other weapon while carrying
out crowd control activities for the business.
(2) This condition
applies even if the crowd controller —
(a) is
entitled under the Firearms Act 1973 to be in possession of a firearm; or
(b) is
also a security officer whose licence is endorsed under section 24 or 26
or who has a permit under section 25.
[Clause 16 amended in Gazette
1 Sep 2005 p. 4089.]
A crowd control agent, in relation to an
incident register referred to in regulation 39 kept by the agent, must
ensure that —
(a) each
entry made in the incident register is legible;
(b) each
page or part of a page is not removed from the incident register;
(c) each
page or part of a page of the incident register is not damaged, obscured or
replaced;
(d) each
entry or part of an entry in the incident register is not deliberately erased,
obscured or otherwise rendered illegible;
(e) a
person is not requested or allowed to deliberately erase, obscure or otherwise
render illegible any entry or part of an entry in the incident register;
(f) a
person who makes an alteration to an entry in the incident register dates and
initials the alteration and legibly prints his or her full name near the
initials.
[Clause 16A inserted in Gazette
1 Sep 2005 p. 4090.]
Division 5 — Crowd controller’s licence
17 . Wearing of identification card
A crowd controller to whom an
identification card has been issued under section 61 must wear that
card —
(a) on
his or her chest; and
(b) in
such a manner that his or her photograph and licence number are clearly
visible to other persons,
at all times while
performing crowd control activities.
[Clause 17 amended in Gazette
1 Sep 2005 p. 4090.]
18. No weapons to be carried by crowd controller
(1) A crowd controller
must not be in possession of any firearm, baton or other weapon while carrying
out crowd control activities.
(2) This condition
applies even if the crowd controller —
(a) is
entitled under the Firearms Act 1973 to be in possession of a firearm; or
(b) is
also a security officer whose licence is endorsed under section 24 or 26
or who holds a permit under section 25.
A crowd controller, in relation to an
incident register referred to in regulation 39 that is kept by the crowd
control agent —
(a) must
ensure that each entry that he or she makes in the incident register is
legible;
(b) must
not remove a page or part of a page from the incident register;
(c) must
not damage, obscure or replace a page or part of a page of the incident
register;
(d) must
not deliberately erase, obscure or otherwise render illegible any entry or
part of an entry in the incident register;
(e) must
not request or allow another person to deliberately erase, obscure or
otherwise render illegible any entry or part of an entry in the incident
register;
(f) must
date and initial any alteration that he or she makes to an entry in the
incident register and legibly print his or her full name near the initials.
[Clause 19 inserted in Gazette
1 Sep 2005 p. 4091.]
[Heading inserted in Gazette 1 Sep 2005
p. 4091.]
A person to whom an identity card is
issued —
(a) must
not deliberately alter, erase, obscure or otherwise render illegible any
written information on the identity card;
(b) must
not deliberately alter, remove or obscure the photograph on the identity card;
(c) must
not request or allow another person to deliberately alter, erase, obscure or
otherwise render illegible any written information on the identity card; and
(d) must
not request or allow another person to deliberately alter, remove or obscure
the photograph on the identity card.
[Clause 20 inserted in Gazette
1 Sep 2005 p. 4091-2.]
[Schedule 2 deleted in Gazette 30 Dec 2004 p. 6977.]