Private Security Regulations2016
S.R. No. 64/2016
table of provisions
Regulation Page
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
6 Security equipment 2
7 Act not applicable to certain persons 3
Part 2—Licensing of private security operators 5
Division 1—Private security business licences 5
8 Particulars for licence or renewal application 5
9 Documents to accompany licence application 8
10 Documents to accompany renewal application 9
Division 2—Individual operator licences 10
11 Particulars for licence or renewal application 10
12 Documents to accompany licence application 11
13 Documents to accompany renewal application 12
Division 3—General provisions for licences 12
14 Licence document 12
15 Application by holder of licence to vary licence to authorise additional activity 13
16 Application by holder of licence to vary or revoke a licence condition 15
17 Issue and surrender of licence document 15
18 Issue of new licence document on cancellation or suspension of authority to carry on activity 15
Division 4—Fees for private security licences 16
19 Fees for business licences held by natural persons 16
20 Fees for business licences held by bodies corporate 17
21 Fees for individual operator licences 18
22 Reduced fees for simultaneous applications 19
23 Reduced application fee for certain applications 19
24 Fees for variation of licences 19
25 Application by holder of licence to vary or revoke a licence condition 20
Division 5—Permits 20
26 Overseas bodyguard with temporary interstate or Territory permit 20
27 Application and permit fees for permits 20
Part 3—Registration of private security operators 22
Division 1—Private security business registrations 22
28 Particulars for registration or renewal application 22
29 Documents to accompany registration application 24
30 Documents to accompany renewal application 25
Division 2—Individual operator registrations 26
31 Particulars for registration or renewal application 26
32 Documents and information to accompany application for registration 26
Division 3—General provisions for registrations 27
33 Registration document 27
34 Application by holder of registration to vary registration to authorise additional activity 27
35 Application by holder of registration to vary a registration 27
36 Issue, surrender and cancellation of registration document 28
Division 4—Fees for registrations 28
37 Fees for business registrations held by natural persons 28
38 Fees for business registrations held by bodies corporate 29
39 Fees for individual operator registrations 30
40 Reduced fees for simultaneous applications 30
41 Reduced application fee for certain applications 31
42 Fees for variation of business registrations 31
43 Application fee to vary or revoke a registration condition 32
Division 5—Permits 32
44 Fees for permits 32
Part 4—General provisions applying to licences and registrations 33
45 Nominated person of body corporate 33
46 Duplicate licence or registration document 35
47 Permanent records to be kept by licence and registration holders 35
48 Inspection of records 36
49 Persons for giving written references 36
Part 5—Particular provisions for crowd controllers 38
50 Crowd controllers must wear identification 38
51 Information required to be entered in the register 38
Part 6—Infringement notices 39
52 Power to serve a notice 39
Part 7—General 40
53 Approvals to be published 40
54 Chief Commissioner to keep register 40
55 Parts of the register that may be inspected 40
56 Requirement to notify Chief Commissioner of changes to close associates 41
57 Body corporate to notify Chief Commissioner of changes to officers 42
58 Notice of change of particulars 43
59 Certified copies of documents 44
Schedule 1—Register of licence, registration and permit holders 45
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Endnotes 46
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Schedule 1—Register of licence, registration and permit holders
Private Security Regulations2016
S.R. No. 64/2016
statutory rules 2016
S.R. No. 64/2016
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Schedule 1—Register of licence, registration and permit holders
Private Security Regulations2016
S.R. No. 64/2016
Private Security Act 2004
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Schedule 1—Register of licence, registration and permit holders
Private Security Regulations2016
S.R. No. 64/2016
Private Security Regulations2016
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Schedule 1—Register of licence, registration and permit holders
Private Security Regulations2016
S.R. No. 64/2016
The Governor in Council makes the following Regulations:
Dated: 21 June 2016
Responsible Minister:
LISA NEVILLE
Minister for Police
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe classes of person to whom certain requirements in the Private Security Act 2004 do not apply; and
(b) to prescribe procedures for making applications under the Act; and
(c) to prescribe procedures for the keeping of records and registers under the Act; and
(d) to prescribe fees and infringement offences under the Act; and
(e) to prescribe other matters required for the purposes of the Act.
2 Authorising provision
These Regulations are made under section 180 of the Private Security Act 2004.
3 Commencement
These Regulations come into operation on 26 June 2016.
4 Revocation
The Private Security Regulations 2005[1] are revoked.
5 Definitions
In these Regulations—
certified copy means a copy of a document that has been certified in accordance with regulation 59;
Council has the same meaning as it has in section3(1) of the Local Government Act1989;
disqualifying offence has the same meaning as it has in Part 3 of the Act;
public entity has the same meaning as it has in section 4(1) of the Public Administration Act 2004;
special body has the same meaning as it has in section 4(1) of the Public Administration Act 2004;
the Act means the Private Security Act 2004.
6 Security equipment
For the purposes of the definition of security equipment in section 3 of the Act, the following equipment is prescribed—
(a) security camera systems;
(b) security audio systems;
(c) security audio or visual recording systems;
(d) security alarms;
(e) security alarm monitoring systems;
(f) safes;
(g) vaults;
(h) security intrusion detectors including motion, infrared, microwave or contact detectors;
(i) electric, electro-mechanical, magnetic or biometric access control devices, but not including stock, inventory or product loss prevention monitoring devices.
7 Act not applicable to certain persons
For the purposes of section 4(l) of the Act, the following classes of person are prescribed—
(a) apprentices undertaking training with an employer under a training contract within themeaning of Part 5.5 of the Education and Training Reform Act 2006 and postsecondary students undertaking work experience or training under a practical placement agreement made under section5.4.14 of the Education and Training Reform Act 2006 who—
(i) in the course of the person's training or work experience, install security equipment; and
(ii) are accompanied and directly supervised by a holder of a private security registration authorising the holder to act as a security equipment installer;
(b) persons employed as investigators by a public entity, a special body or a Council;
(c) persons investigating matters relating to foodhygiene or trade or professional standards under a contract with a public entity, a special body or a Council includingemployees of those persons or subcontractors who are undertaking those investigations in the course of their employment or under their contract;
(d) persons (employees) who, in the course of employment with an employer (who is not carrying on a business for which a private security registration is required) are required, at the employer's business premises, to provide advice to customers of the business in relation to security equipment that the person is required to sell.
Part 2—Licensing of private security operators
Division 1—Private security business licences
8 Particulars for licence or renewal application
For the purposes of sections 16(b) and 36(2)(b) ofthe Act, an application for a private security business licence or the renewal of a private security business licence must contain the following particulars—
(a) the security activities the applicant seeks to have authorised under the licence;
(b) in the case of an application by a natural person, the given names, surname, postal and residential address of the applicant and, in the case of a renewal of a licence, any close associate of the applicant;
(c) in the case of an application by a body corporate—
(i) the name of the body corporate and the Australian Company Number of the body corporate if registered under the Corporations Act; and
(ii) any additional names under which the body corporate intends to carry on the business;
(d) in the case of a renewal by a body corporate, the given names, surname, postal and residential address of the nominated person, each officer of the body corporate and any close associate of the body corporate;
(e) the date of birth of—
(i) in the case of an application by a natural person, the applicant and any close associate of the applicant; or
(ii) in the case of an application by a body corporate, the nominated person, each officer of the body corporate and any close associate of the body corporate;
(f) the trading name (if applicable) of the business carried on by the applicant;
(g) the Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth for the business carried on by the applicant;
(h) in the case of an applicant who is a natural person, details in relation to the applicant and any close associate of the applicant, and in the case of an applicant that is a body corporate, details in relation to the nominated person, each officer of the body corporate and any close associate of the body corporate, of any of the following—
(i) a conviction for an indictable offence or a disqualifying offence in the preceding 10 years;
(ii) a finding of guilt for an indictable offence or a disqualifying offence in thepreceding 5 years for which a conviction was not recorded;
(iii) any charges that have been laid for committing an indictable offence or a disqualifying offence that are pending at the time the application is made;
(i) details of any declaration of bankruptcy in the preceding 5 years by—
(i) in the case of an applicant who is a natural person, the applicant and any close associate of the applicant; and
(ii) in the case of an applicant that is a body corporate, the nominated person, any officer of the body corporate and any close associate of the body corporate;
(j) details of whether any of the following is insolvent under administration—
(i) in the case of an applicant who is a natural person, the applicant and any close associate of the applicant;
(ii) in the case of an applicant that is a body corporate, the nominated person, any officer of the body corporate and any close associate of the body corporate;
(k) details of—
(i) any membership of an approved security industry organisation relevant to each private security activity or any aspect of each private security activity the applicant seeks to have authorised under the licence by—
(A) in the case of an applicant who is a natural person, the applicant; and
(B) in the case of an applicant that is a body corporate, the nominated person; or
(ii) the applicant's (in the case of an application by a natural person) or the nominated person's (in the case of an application by a body corporate) qualifications, knowledge, training or experience relevant to each private security activity or any aspect of each private security activity the applicant seeks to have authorised under the licence.
9 Documents to accompany licence application
For the purposes of section 16(c) of the Act, an application for a private security business licence must be accompanied by the following documents—
(a) a passport-size colour photograph of—
(i) in the case of an application by a natural person, the applicant; and
(ii) in the case of an application by a body corporate, the nominated person;
(b) if details of the applicant's or the nominated person's membership of an approved security industry organisation have been provided, a certified copy of a document verifying that membership;
(c) if details of the applicant's or the nominated person's qualifications or training have been provided, certified copies of documents verifying the qualifications or training;
(d) if details of the applicant's or the nominated person's knowledge or experience have been provided, documents verifying the knowledge or experience;
(e) a certificate of currency for public liability insurance in relation to the business carried on by the applicant;
(f) if the applicant is a natural person and carries on the business under a business name, a certified copy of the registration issued in that name under the Business Names Registration Act 2011 of the Commonwealth;
(g) in the case of an application by a body corporate—
(i) a certified copy of any certificate of registration under the Corporations Act for the body corporate; and
(ii) if the body corporate is trading under a name other than in the certificate of registration under the Corporations Act, a certified copy of any registration issued to the body corporate in that name under the Business Names Registration Act 2011 of the Commonwealth; and
(iii) if the body corporate is registered under the Corporations Act, a certified copy of a document that verifies the appointment of the officers of the body corporate from the Australian Securities and Investments Commission.
10 Documents to accompany renewal application
For the purposes of section 36(2)(c) of the Act, an application for the renewal of a private security business licence must be accompanied by the following documents—
(a) if details of the applicant's or the nominated person's membership of an approved security industry organisation have been provided, a certified copy of a document verifying that membership;
(b) if details of the applicant's or the nominated person's qualifications or training have been provided, a certified copy of any document verifying the qualifications or training unless that document has already been provided under regulation 9(c);
(c) if details of the applicant's or the nominated person's knowledge or experience have been provided, any document verifying the knowledge or experience;
(d) a certificate of currency for public liability insurance in relation to the business carried on by the applicant;