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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Security Providers
Amendment Bill 2006
Queensland
Security Providers Amendment Bill 2006
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (Who is a security provider) . . . . . . . . . . . . . . 10
6 Replacement of s 5 (Who is a crowd controller). . . . . . . . . . . . . . 10
4A Who is a bodyguard . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Who is a crowd controller . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 6 (Who is a private investigator) . . . . . . . . . . . . 11
8 Replacement of s 7 (Who is a security officer). . . . . . . . . . . . . . . 13
6A Who is a security adviser . . . . . . . . . . . . . . . . . . . . . . 13
6B Who is a security equipment installer. . . . . . . . . . . . . 14
7 Who is a security officer . . . . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 8 (What is a security firm) . . . . . . . . . . . . . . . . . 16
10 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8A What is security equipment . . . . . . . . . . . . . . . . . . . . 16
11 Insertion of new pt 2, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Amendment of s 9 (Requirement to be licensed) . . . . . . . . . . . . . 17
13 Insertion of new pt 2, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Amendment of s 10 (Application for licence) . . . . . . . . . . . . . . . . 18
15 Amendment of s 11 (Entitlement to licences--individuals) . . . . . 19
16 Amendment of s 12 (Inquiries about person's appropriateness
to hold licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Insertion of new ss 12A-12C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12A Notice of change in criminal history . . . . . . . . . . . . . . 21
12B Commissioner may give investigative information . . . 22
12C Use of information obtained under s 12, 12A or 12B . 22
2
Security Providers Amendment Bill 2006
18 Amendment of s 13 (Entitlement to licences--corporations or
firms) .......................................... 23
19 Amendment of s 14 (Decision on application) . . . . . . . . . . . . . . . 24
20 Insertion of new s 14A, pt 2, div 3 hdg and s 14B . . . . . . . . . . . . 24
14A Continuation of restricted licence . . . . . . . . . . . . . . . . 24
Division 3 Conditions and term of licence
14B Statutory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 15 (Conditions of licence) . . . . . . . . . . . . . . . . . 25
22 Replacement of ss 16-19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
16 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4 Amendment of licence
17 Amendment of licence on application. . . . . . . . . . . . . 27
18 Amendment of licence by chief executive. . . . . . . . . . 27
19 Notice to return licence for recording amendment . . . 28
23 Amendment of s 20 (Renewal of licence). . . . . . . . . . . . . . . . . . . 29
24 Amendment of s 21 (Grounds for suspension, cancellation or
refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
25 Insertion of new s 25A and new pt 2, div 6 hdg . . . . . . . . . . . . . . 30
25A Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of s 26 (Right to appeal to the Court). . . . . . . . . . . . 31
27 Replacement of s 29 (Hearing procedures) . . . . . . . . . . . . . . . . . 31
29 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 32
28 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 2A Temporary permits
31A Purpose of temporary permit . . . . . . . . . . . . . . . . . . . 32
31B Term of temporary permit . . . . . . . . . . . . . . . . . . . . . . 32
31C Application for temporary permit . . . . . . . . . . . . . . . . 32
31D Application of pt 2 to temporary permit . . . . . . . . . . . 33
31E What temporary permit must state . . . . . . . . . . . . . . . 34
31F Permit holder taken to hold appropriate licence if
complying with conditions. . . . . . . . . . . . . . . . . . . . . . 34
29 Amendment of s 44 (False or misleading documents) . . . . . . . . . 34
30 Amendment of s 45 (Obstruction of inspectors) . . . . . . . . . . . . . . 35
31 Amendment of s 47 (Identification to be worn by crowd
controller) ..................................... 35
32 Amendment of s 51 (Evidentiary provisions) . . . . . . . . . . . . . . . . 35
33 Amendment of s 54 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 36
34 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
3
Security Providers Amendment Bill 2006
Part 5 Transitional provisions for Security Providers
Amendment Act 2006
55 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
56 References to crowd controller licence. . . . . . . . . . . . 37
57 Existing crowd controller licence . . . . . . . . . . . . . . . . 37
58 Requirement to be licensed--security adviser or
security equipment installer . . . . . . . . . . . . . . . . . . . . 38
59 Application of s 9 penalty . . . . . . . . . . . . . . . . . . . . . . 38
60 Existing application for licence . . . . . . . . . . . . . . . . . . 38
61 Existing conditions on licence . . . . . . . . . . . . . . . . . . 39
62 Existing application for renewal of licence . . . . . . . . . 39
63 Existing proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Amendment of schedule (Disqualifying offence provisions under
the Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
36 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Schedule 2 Dictionary
37 Amendment of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Schedule Consequential amendments of other Acts . . . . . . . . . . . . . . . 41
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
2006
A Bill
for
An Act to amend the Security Providers Act 1993, and for other
purposes
s1 6 s4
Security Providers Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Security Providers Amendment 3
Act 2006. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Security Providers Act 1993. 8
Clause 4 Amendment of s 3 (Definitions) 9
(1) Section 3, definitions accountant, appropriate licence, chief 10
executive, criminal history, crowd controller, legal 11
practitioner, private investigator and public place-- 12
omit. 13
(2) Section 3-- 14
insert-- 15
`appropriate direct supervision, for carrying out the functions 16
of a particular type of security provider, means direct 17
supervision of a security provider by another security provider 18
who-- 19
(a) is a security provider of the same type as the supervised 20
security provider; and 21
(b) holds an unrestricted licence for carrying out the 22
functions. 23
appropriate licence means-- 24
(a) a class 1 or class 2 unrestricted licence authorising the 25
licensee to carry out the functions of the types of 26
security provider stated in the licence; or 27
s4 7 s4
Security Providers Amendment Bill 2006
(b) a class 1 or class 2 restricted licence authorising the 1
licensee to carry out the functions of the types of 2
security provider stated in the licence, other than a 3
security firm, under appropriate direct supervision. 4
approved training course, for carrying out the functions of a 5
particular type of security provider, means a training course 6
approved by the chief executive for the carrying out of the 7
functions. 8
authorised functions means functions authorised under a 9
corresponding authority. 10
bodyguard see section 4A. 11
bodyguard functions, for part 5, see section 55. 12
charge, for an offence, means a charge in any form, including, 13
for example, the following-- 14
(a) a charge on an arrest; 15
(b) a notice to appear served under the Police Powers and 16
Responsibilities Act 2000, section 382; 17
(c) a complaint under the Justices Act 1886; 18
(d) a charge by a court under the Justices Act 1886, section 19
42(1A) or another provision of an Act; 20
(e) an indictment. 21
class 1 licence means-- 22
(a) an unrestricted licence for carrying out the functions of 23
1 or more of the following-- 24
(i) a bodyguard; 25
(ii) a crowd controller; 26
(iii) a private investigator; 27
(iv) a security officer; 28
(v) a security firm supplying security firm services of 29
a person mentioned in any of subparagraphs (i) to 30
(iv) who holds a class 1 unrestricted licence; or 31
(b) a restricted licence for carrying out 1, or more than 1, of 32
the functions of a bodyguard, crowd controller, private 33
investigator or security officer. 34
s4 8 s4
Security Providers Amendment Bill 2006
class 2 licence means-- 1
(a) an unrestricted licence for carrying out the functions of 2
1 or more of the following-- 3
(i) a security adviser; 4
(ii) a security equipment installer; 5
(iii) a security firm supplying security firm services of 6
a person mentioned in subparagraph (i) or (ii) who 7
holds a class 2 unrestricted licence; or 8
(b) a restricted licence for carrying out the functions of 9
either or both a security adviser or security equipment 10
installer. 11
condition means a statutory condition or an imposed 12
condition. 13
conviction means a finding of guilt, or the acceptance of a 14
plea of guilty, by a court, whether or not a conviction is 15
recorded. 16
corresponding authority means an authority, however 17
described, issued under the law of another State that is 18
equivalent to an unrestricted licence for carrying out the 19
functions of 1 or more of the following-- 20
(a) a bodyguard; 21
(b) a crowd controller; 22
(c) a security officer; 23
(d) a security firm supplying security firm services of a 24
person mentioned in paragraph (a), (b) or (c) who holds 25
a class 1 unrestricted licence. 26
criminal history, of a person, means-- 27
(a) despite the Criminal Law (Rehabilitation of Offenders) 28
Act 1986, section 6, every conviction of the person for 29
an offence, in Queensland or elsewhere, whether before 30
or after the commencement of this definition; and 31
(b) every charge made against the person for an offence, in 32
Queensland or elsewhere, whether before or after the 33
commencement of this definition. 34
crowd controller see section 5. 35
s4 9 s4
Security Providers Amendment Bill 2006
crowd controller functions, for part 5, see section 55. 1
imposed condition see section 15(1). 2
investigative information see section 12B(2). 3
licence means a licence issued under part 2. 4
prescribed identification, for a particular type of security 5
provider, means the identification prescribed under a 6
regulation for the type of security provider. 7
private investigator see section 6. 8
public place includes-- 9
(a) licensed premises; and 10
(b) an entertainment venue to which the public are 11
admitted, whether or not for consideration. 12
restricted licence means a licence for carrying out the 13
functions of a type of security provider stated in the licence 14
under appropriate direct supervision. 15
security adviser see section 6A. 16
security equipment see section 8A. 17
security equipment installer see section 6B. 18
security firm licence means a licence authorising a security 19
firm to supply security firm services. 20
security firm services means the services of a bodyguard, 21
crowd controller, private investigator, security adviser, 22
security equipment installer or security officer. 23
State includes Territory. 24
statutory conditions, of a restricted licence, see section 25
14B(1). 26
temporary permit means a temporary permit issued under part 27
2A. 28
unrestricted licence means a licence for carrying out the 29
functions of a type of security provider stated in the licence, 30
other than under appropriate direct supervision.'. 31
(3) Section 3, definition disqualifying offence, paragraph (c), `the 32
schedule'-- 33
s5 10 s6
Security Providers Amendment Bill 2006
omit, insert-- 1
`schedule 1'. 2
(4) Section 3, `In this Act--'-- 3
omit, insert-- 4
`The dictionary in schedule 2 defines particular words used in 5
this Act.'. 6
(5) Section 3, definitions-- 7
relocate to schedule 2, as inserted by section 36. 8
Clause 5 Amendment of s 4 (Who is a security provider) 9
(1) Section 4(1)-- 10
omit, insert-- 11
`(1) A security provider is any of the following-- 12
(a) a bodyguard; 13
(b) a crowd controller; 14
(c) a private investigator; 15
(d) a security adviser; 16
(e) a security equipment installer; 17
(f) a security officer; 18
(g) a security firm.'. 19
(2) Section 4(3)(a), `, another State or a Territory'-- 20
omit, insert-- 21
`or a State'. 22
(3) Section 4(3)(c), (d) and (e), `or Territory'-- 23
omit. 24
Clause 6 Replacement of s 5 (Who is a crowd controller) 25
Section 5-- 26
omit, insert-- 27
s7 11 s7
Security Providers Amendment Bill 2006
`4A Who is a bodyguard 1
`A bodyguard is a person who, for reward, provides a close 2
personal protection service. 3
`5 Who is a crowd controller 4
`(1) A crowd controller is a person who, for reward, is at a public 5
place principally for keeping order in or about the public 6
place, including, for example, by doing any of the following-- 7
(a) screening the entry of persons into the place; 8
(b) monitoring or controlling the behaviour of persons in 9
the place; 10
(c) removing persons from the place. 11
12
Example--
13
a bouncer at a hotel, night club or rock concert
`(2) Despite subsection (1), a person is not a crowd controller 14
merely because the person checks that a person allowed 15
admission to the public place has paid for the admission or has 16
an invitation or pass allowing the admission.'. 17
Clause 7 Amendment of s 6 (Who is a private investigator) 18
(1) Section 6(1)-- 19
omit, insert-- 20
`(1) A private investigator is a person who, for reward-- 21
(a) obtains and gives private information about another 22
person, without the other person's express consent; or 23
(b) carries out surveillance for obtaining private information 24
about another person, without the other person's express 25
consent; or 26
(c) investigates the disappearance of a missing person.'. 27
(2) Section 6(2)(b)-- 28
renumber as section 6(2)(c). 29
(3) Section 6(2)-- 30
insert-- 31
s7 12 s7
Security Providers Amendment Bill 2006
`(b) the person-- 1
(i) is an employee of a person who, for reward, 2
obtains and gives information; and 3
(ii) as an employee, obtains and gives information 4
about another person to the employer other than for 5
the purpose of the employer giving the information 6
to someone else for reward; or'. 7
(4) Section 6(3)(a)-- 8
omit, insert-- 9
`(a) an Australian legal practitioner or an Australian legal 10
practitioner's employee;'. 11
(5) Section 6-- 12
insert-- 13
`(4) Also, an independent investigator is not a private investigator 14
in investigating and reporting on the grievance for which the 15
independent investigator is engaged. 16
`(5) In this section-- 17
accountant means-- 18
(a) a person registered as an auditor under the Corporations 19
Act; or 20
(b) a member of CPA Australia who is entitled to use the 21
letters `CPA' or `FCPA'; or 22
(c) a member of The Institute of Chartered Accountants in 23
Australia who is entitled to use the letters `CA' or 24
`FCA'; or 25
(d) a member of the National Institute of Accountants who 26
is entitled to use the letters `MNIA', `FNIA', `PNA' or 27
`FPNA'. 28
Australian legal practitioner means an Australian legal 29
practitioner within the meaning of the Legal Profession Act 30
2004. 31
independent investigator means a person, other than a public 32
service employee, who is engaged to investigate and report on 33
a grievance lodged by a public service employee under the 34
Public Service Act 1996. 35
s8 13 s8
Security Providers Amendment Bill 2006
private information, about a person, means information, 1
including information recorded in a document, about-- 2
(a) for an individual--the individual's personal character, 3
actions, business or occupation; or 4
(b) for a person other than an individual--the person's 5
business or occupation.'. 6
Clause 8 Replacement of s 7 (Who is a security officer) 7
Section 7-- 8
omit, insert-- 9
`6A Who is a security adviser 10
`(1) A security adviser is a person who, for reward, gives advice 11
about security equipment or security methods or principles 12
(security advice). 13
`(2) Despite subsection (1), a person is not a security adviser 14
merely because-- 15
(a) the person-- 16
(i) is an employee of a person who does not, for 17
reward, give security advice; and 18
(ii) as an employee, gives security advice to the 19
employer; or 20
(b) the person-- 21
(i) is an employee of a person who, for reward, gives 22
security advice; and 23
(ii) as an employee, gives security advice to the 24
employer in relation to the employer's own 25
security and not in relation to the security of 26
someone else for whom the employer gives 27
security advice for reward; or 28
(c) the person is an architect under the Architects Act 2002 29
and gives security advice in providing architectural 30
services within the meaning of that Act; or 31
(d) the person is a registered professional engineer under 32
the Professional Engineers Act 2002 and gives security 33
s8 14 s8
Security Providers Amendment Bill 2006
advice in providing professional engineering services 1
within the meaning of that Act. 2
`6B Who is a security equipment installer 3
`(1) A security equipment installer is a person who, for reward, 4
installs, repairs, services or maintains security equipment. 5
`(2) Despite subsection (1), a person is not a security equipment 6
installer merely because-- 7
(a) the person-- 8
(i) is an employee of a person who does not, for 9
reward, install, repair, service or maintain security 10
equipment; and 11
(ii) as an employee, installs, repairs, services or 12
maintains the employer's security equipment; or 13
(b) the person-- 14
(i) is an employee of a person who, for reward, 15
installs, repairs, services or maintains security 16
equipment; and 17
(ii) as an employee, installs, repairs, services or 18
maintains the employer's security equipment; or 19
(c) the person carries out retail key cutting; or 20
(d) the person installs a basic security item in a building 21
owned or occupied by the person; or 22
(e) the person installs a basic security item in a building 23
owned or occupied by someone else during its 24
construction, repair or renovation. 25
`(3) In this section-- 26
basic security item means-- 27
(a) a portable safe weighing not more than 50kg; or 28
(b) a barrier security item; or 29
30
Example--
31
a security mesh door or window grille
s8 15 s8
Security Providers Amendment Bill 2006
(c) an electronic or mechanical lock used for basic 1
household security; or 2
3
Example--
4
a door lock, window lock or padlock
(d) a motion sensor light that does not also activate an 5
alarm. 6
`7 Who is a security officer 7
`(1) A security officer is a person who, for reward, guards, patrols 8
or watches another person's property, with or without a guard 9
dog, including by-- 10
(a) personally patrolling the property; or 11
(b) personally monitoring the property by operating an 12
audiovisual or visual recording system, a radio or other 13
electronic monitoring device. 14
`(2) Subsection (1) applies to a person even if the person's duties 15
include guarding or watching other persons lawfully on 16
property in a way that is not a close personal protection 17
service. 18
`(3) Despite subsection (1), each of the following is not a security 19
officer-- 20
(a) an engaged service provider within the meaning of the 21
Corrective Services Act 2006, in carrying out the 22
engaged service provider's functions under that Act; 23
(b) a person who is an employee of an engaged service 24
provider within the meaning of the Corrective Services 25
Act 2006, in carrying out the functions of the person's 26
employment. 27
`(4) Also, despite subsection (1) and subject to subsection (5), a 28
person is not a security officer merely because-- 29
(a) the person-- 30
(i) is an employee of a person who does not, for 31
reward, guard, patrol or watch another person's 32
property; and 33
s9 16 s 10
Security Providers Amendment Bill 2006
(ii) as an employee, guards, patrols or watches the 1
employer's property; or 2
(b) the person-- 3
(i) is an employee of a person who, for reward, 4
guards, patrols or watches another person's 5
property; and 6
(ii) as an employee, guards, patrols or watches the 7
employer's property. 8
`(5) A person who is an employee mentioned in subsection (4) is a 9
security officer if the person-- 10
(a) is employed principally to guard, patrol or watch the 11
employer's property; or 12
(b) is employed, whether or not principally, to guard, patrol 13
or watch licensed premises of the employer.'. 14
Clause 9 Amendment of s 8 (What is a security firm) 15
Section 8, from `the services' to `investigators'-- 16
omit, insert-- 17
`security firm services'. 18
Clause 10 Insertion of new s 8A 19
Part 1-- 20
insert-- 21
`8A What is security equipment 22
`(1) Security equipment is acoustic, electronic, mechanical or 23
other equipment-- 24
(a) designed, adapted, or purporting to provide or to 25
enhance property security; or 26
(b) for protecting or watching property. 27
28
Examples--
29
· an alarm
30
· an alarm monitoring system
31
· an audio, or visual, recording system
s 11 17 s 13
Security Providers Amendment Bill 2006
1
· an electric, electro-mechanical, magnetic or biometric access
2
control device
3
· an intrusion detector, including a motion, infra-red, microwave or
4
contact detector
5
· a safe or vault
`(2) However, each of the following is not security equipment-- 6
(a) a device for monitoring inventory, product or stock loss; 7
(b) an item designed to minimise the possibility of motor 8
vehicle theft, including, for example, a motor vehicle 9
alarm or immobiliser.'. 10
Clause 11 Insertion of new pt 2, div 1 hdg 11
Part 2, before section 9-- 12
insert-- 13
`Division 1 Requirement for licence'. 14
Clause 12 Amendment of s 9 (Requirement to be licensed) 15
Section 9(1) and (2), penalty-- 16
omit, insert-- 17
`Maximum penalty-- 18
(a) for a first offence--500 penalty units; or 19
(b) for a second offence--700 penalty units or 6 months 20
imprisonment; or 21
(c) for a third or later offence--1000 penalty units or 18 22
months imprisonment.'. 23
Clause 13 Insertion of new pt 2, div 2 hdg 24
After section 9-- 25
insert-- 26
`Division 2 Application for licence'. 27
s 14 18 s 14
Security Providers Amendment Bill 2006
Clause 14 Amendment of s 10 (Application for licence) 1
(1) Section 10, heading, `for licence'-- 2
omit. 3
(2) Section 10(2), before `must'-- 4
insert-- 5
`must be made in the approved form and'. 6
(3) Section 10(3) and (4)-- 7
omit, insert-- 8
`(3) The applicant must state in the application-- 9
(a) the term of the licence being applied for; and 10
(b) if the functions of more than 1 type of security provider 11
are intended to be carried out under the licence--each 12
type of security provider for which the licence is sought; 13
and 14
(c) if the application is for a security firm licence--the 15
security firm services intended to be supplied under the 16
licence. 17
`(4) Only an individual may apply for, or be granted, a licence for 18
carrying out the functions of any of the following-- 19
(a) a bodyguard; 20
(b) a crowd controller; 21
(c) a private investigator; 22
(d) a security adviser; 23
(e) a security equipment installer; 24
(f) a security officer.'. 25
(4) Section 10(5), after `application'-- 26
insert-- 27
`within a stated period of at least 28 days'. 28
(5) Section 10(6)-- 29
omit, insert-- 30
s 15 19 s 15
Security Providers Amendment Bill 2006
`(6) The applicant is taken to have withdrawn the application if, 1
within the stated period, the applicant does not comply with a 2
request under subsection (5) without a reasonable excuse.'. 3
Clause 15 Amendment of s 11 (Entitlement to licences--individuals) 4
(1) Section 11(2)(b)-- 5
omit, insert-- 6
`(b) for an application for a class 1 licence, other than a 7
security firm licence or restricted licence--has 8
successfully completed an approved training course for 9
carrying out the functions of each type of security 10
provider for which the licence is sought; and'. 11
(2) Section 11-- 12
insert-- 13
`(2A) A person is taken to comply with subsection (2)(b) if the chief 14
executive is satisfied the person, within 1 year before the day 15
the person's application for the licence is received by the chief 16
executive, held a licence for carrying out the functions of each 17
type of security provider for which the licence is sought.'. 18
(3) Section 11(4), `may consider'-- 19
omit, insert-- 20
`must consider'. 21
(4) Section 11(4)(a) to (c), `that', first mention in each 22
paragraph-- 23
omit. 24
(5) Section 11(4)(e)-- 25
omit, insert-- 26
`(d) the person has been convicted of an offence in 27
Queensland or elsewhere for which a conviction has 28
been recorded, including an offence to which the 29
Criminal Law (Rehabilitation of Offenders) Act 1986, 30
section 6 applies; 31
s 16 20 s 16
Security Providers Amendment Bill 2006
(e) an unrecorded finding of guilt has been made against the 1
person in relation to a relevant offence and has not been 2
quashed or set aside by a court; 3
(f) investigative information about the person in relation to 4
a disqualifying offence that indicates either or both of 5
the following-- 6
(i) the person is a risk to public safety; 7
(ii) the holding of a licence by the person would be 8
contrary to the public interest; 9
(g) any other information indicating the granting of the 10
licence to the person would be contrary to the public 11
interest.'. 12
(6) Section 11-- 13
insert-- 14
`(6) In this section-- 15
relevant offence means a disqualifying offence, or an offence 16
that would be a disqualifying offence if committed in 17
Queensland, committed by a person when the person was an 18
adult and within the previous 5 years. 19
unrecorded finding of guilt, in relation to a relevant offence, 20
means a finding of guilt, or the acceptance of a plea of guilty, 21
by a court, in relation to the offence, without recording a 22
conviction for the offence.'. 23
Clause 16 Amendment of s 12 (Inquiries about person's 24
appropriateness to hold licence) 25
Section 12(2) and (3)-- 26
omit, insert-- 27
`(2) The chief executive may ask the Commissioner to give the 28
chief executive the following written information about the 29
person-- 30
(a) a report about the person's criminal history; 31
(b) a brief description of the nature of the offence giving 32
rise to a conviction or charge mentioned in the person's 33
criminal history. 34
s 17 21 s 17
Security Providers Amendment Bill 2006
`(3) Subject to subsection (4), the Commissioner must comply 1
with a request made under subsection (2)(a) or (b). 2
`(4) The duty imposed on the Commissioner to comply with the 3
request applies only to information in the Commissioner's 4
possession or to which the Commissioner has access. 5
`(5) In this section-- 6
offence includes alleged offence.'. 7
Clause 17 Insertion of new ss 12A-12C 8
After section 12-- 9
insert-- 10
`12A Notice of change in criminal history 11
`(1) This section applies if-- 12
(a) the Commissioner reasonably suspects a person is the 13
holder of, or an applicant for, a licence; and 14
(b) the person's criminal history changes. 15
`(2) The Commissioner may notify the chief executive that the 16
person's criminal history has changed. 17
`(3) The notice must state the following-- 18
(a) the person's name and any other name that the 19
Commissioner believes the person may use or may have 20
used; 21
(b) the person's date and place of birth; 22
(c) a brief description of the nature of the offence giving 23
rise to the conviction or charge to which the change 24
relates. 25
`(4) The chief executive may confirm the Commissioner's 26
suspicions under subsection (1). 27
`(5) For a person who does not have a criminal history, there is 28
taken to be a change in the person's criminal history if the 29
person acquires a criminal history. 30
`(6) In this section-- 31
offence includes alleged offence. 32
s 17 22 s 17
Security Providers Amendment Bill 2006
`12B Commissioner may give investigative information 1
`(1) This section applies if the Commissioner reasonably suspects 2
a person is the holder of, or an applicant for, a licence. 3
`(2) The Commissioner may give the chief executive information 4
about an investigation relating to the possible commission of a 5
disqualifying offence by the person (investigative 6
information). 7
`(3) The Commissioner must not give investigative information 8
about the person if-- 9
(a) the Commissioner is reasonably satisfied that giving the 10
information-- 11
(i) may prejudice or otherwise hinder an investigation 12
to which the information may be relevant; or 13
(ii) may lead to the identification of an informant; or 14
(iii) may affect the safety of a police officer, 15
complainant or other person; or 16
(b) for an investigation that has been completed--the 17
investigation has not led, and the Commissioner is 18
reasonably satisfied it is unlikely to lead, to a reasonable 19
suspicion that the person committed a disqualifying 20
offence; or 21
(c) for an investigation that has not been completed--the 22
Commissioner is reasonably satisfied the investigation is 23
unlikely to lead to a reasonable suspicion that the person 24
committed a disqualifying offence. 25
`12C Use of information obtained under s 12, 12A or 12B 26
`(1) This section applies to the chief executive in considering 27
information about a person obtained under section 12, 12A or 28
12B. 29
`(2) Investigative information or information about a conviction of 30
a person may be used only for making a decision as to 31
whether the person is, or continues to be, an appropriate 32
person for the grant of a licence. 33
`(3) Information about a charge made against the person for a 34
disqualifying offence may be used only for deciding whether 35
s 18 23 s 18
Security Providers Amendment Bill 2006
to grant a licence to the person, or to suspend, or to refuse to 1
renew, the person's licence. 2
`(4) Subsections (2) and (3) do not affect sections 14(2) and 21(3). 3
`(5) When making a decision mentioned in subsection (2), the 4
chief executive must have regard to the following matters 5
relating to information about the commission of an offence by 6
the person-- 7
(a) when the offence was committed; 8
(b) the nature of the offence and its relevance to the person 9
carrying out of the functions of a security provider under 10
the licence; 11
(c) anything else the chief executive considers relevant to 12
the decision. 13
`(6) When making a decision mentioned in subsection (3), the 14
chief executive must have regard to the following matters 15
relating to information about the alleged or possible 16
commission of an offence by the person-- 17
(a) when the offence is alleged to have been committed or 18
may possibly have been committed; 19
(b) the nature of the alleged or possible offence and its 20
relevance to the person carrying out of the functions of a 21
security provider under the licence; 22
(c) anything else the chief executive considers relevant to 23
the decision. 24
`(7) The chief executive must destroy information obtained by the 25
chief executive under section 12, 12A or 12B as soon as 26
practicable after it is no longer needed for the purpose for 27
which it was requested or given.'. 28
Clause 18 Amendment of s 13 (Entitlement to 29
licences--corporations or firms) 30
(1) Section 13(4)-- 31
omit, insert-- 32
`(4) The imposed conditions of the licence must state the security 33
firm services that may be supplied under the licence.'. 34
s 19 24 s 20
Security Providers Amendment Bill 2006
(2) Section 13(5), `and 12'-- 1
omit, insert-- 2
`, 12 and 12C'. 3
Clause 19 Amendment of s 14 (Decision on application) 4
(1) Section 14-- 5
insert-- 6
`(3A) A licence must state each type of security provider the 7
functions of which may be carried out under the licence.'. 8
(2) Section 14(4), from `the licence' to `promptly'-- 9
omit, insert-- 10
`a licence, or grants a licence other than the licence applied 11
for, the chief executive must'. 12
Clause 20 Insertion of new s 14A, pt 2, div 3 hdg and s 14B 13
After section 14-- 14
insert-- 15
`14A Continuation of restricted licence 16
`(1) Subsection (2) applies if-- 17
(a) a person who is the holder of a restricted licence applies 18
under section 10 for the grant of an unrestricted licence 19
for carrying out the same type of security provider 20
functions as the person is authorised to carry out under 21
the restricted licence; and 22
(b) the chief executive has not, before the restricted licence 23
ends, decided whether to grant the unrestricted licence. 24
`(2) The restricted licence is taken to continue in force until the 25
day-- 26
(a) the chief executive grants, or refuses to grant, the 27
unrestricted licence; or 28
(b) the person withdraws the application for the unrestricted 29
licence. 30
s 21 25 s 21
Security Providers Amendment Bill 2006
`(3) If the chief executive grants the unrestricted licence to the 1
person, the restricted licence is cancelled on the day the 2
unrestricted licence is granted. 3
`Division 3 Conditions and term of licence 4
`14B Statutory conditions 5
`(1) A restricted licence is subject to the conditions (statutory 6
conditions) that the licensee-- 7
(a) may carry out only the functions of each type of security 8
provider stated in the licence; and 9
(b) when carrying out the functions must be under 10
appropriate direct supervision. 11
`(2) The licensee must comply with the statutory conditions of the 12
restricted licence. 13
14
Note--
15
See section 21(1)(b) for a contravention of a condition of a licence.'.
Clause 21 Amendment of s 15 (Conditions of licence) 16
(1) Section 15, heading-- 17
omit, insert-- 18
`15 Imposed conditions'. 19
(2) Section 15(1), from `stated'-- 20
omit, insert-- 21
`decided by the chief executive and stated on the licence 22
(imposed conditions).'. 23
(3) Section 15-- 24
insert-- 25
`(1A) Without limiting subsection (1), the imposed conditions may 26
include-- 27
(a) a condition about the licensee's completion of an 28
approved training course for carrying out the functions 29
of the type of security provider stated in the licence; and 30
s 22 26 s 22
Security Providers Amendment Bill 2006
1
Example--
2
A condition may require the holder of an unrestricted licence to
3
complete a refresher training course or further particular
4
training.
(b) for a security firm licence--a condition that the licensee 5
monitors, at stated intervals, whether or not its 6
employees who are employed as security providers are 7
complying with this Act.'. 8
(4) Section 15(2), after `with the'-- 9
insert-- 10
`imposed'. 11
(5) Section 15(3)-- 12
omit, insert-- 13
`(3) The contravention of an imposed condition that is prescribed 14
under a regulation for this section is an offence. 15
Maximum penalty--40 penalty units. 16
17
Note--
18
Also, see section 21(1)(b) for a contravention of a condition of a
19
licence.'.
(6) Section 15(1A) to (3)-- 20
renumber as section 15(2) to (4). 21
Clause 22 Replacement of ss 16-19 22
Sections 16 to 19-- 23
omit, insert-- 24
`16 Term of licence 25
`(1) A licence, other than a restricted licence, may be issued for a 26
term of 1 year or 3 years. 27
`(2) A restricted licence may be issued for a term of not more than 28
6 months. 29
`(3) After the term of a restricted licence (the first licence) ends, 30
the person who held the first licence can not apply for a 31
further restricted licence for carrying out the functions that 32
were authorised under the first licence. 33
s 22 27 s 22
Security Providers Amendment Bill 2006
`Division 4 Amendment of licence 1
`17 Amendment of licence on application 2
`(1) A licensee may apply to the chief executive for an amendment 3
of the licence, other than its statutory conditions. 4
`(2) The application must be in the approved form and 5
accompanied by the fee prescribed under a regulation. 6
`(3) The chief executive must decide the application by-- 7
(a) amending the licence in the way applied for; or 8
(b) with the applicant's written agreement, amending the 9
licence in another way; or 10
(c) refusing to amend the licence. 11
`(4) If the chief executive decides to refuse to amend the licence, 12
the chief executive must give the applicant a written notice 13
stating-- 14
(a) the decision; and 15
(b) the reasons for the decision; and 16
(c) that the applicant may appeal against the decision within 17
28 days to a Magistrates Court. 18
`(5) An amendment under this section has effect when the chief 19
executive gives notice of the amendment to the licensee or at a 20
later time stated in the notice. 21
`18 Amendment of licence by chief executive 22
`(1) This section applies if-- 23
(a) the chief executive considers a licence, other than its 24
statutory conditions, should be amended; and 25
(b) the licensee has not applied for the amendment under 26
section 17. 27
`(2) The chief executive must give the licensee a written notice 28
(the show cause notice) that-- 29
(a) states the reasons for the amendment; and 30
s 22 28 s 22
Security Providers Amendment Bill 2006
(b) outlines the facts and circumstances forming the basis of 1
the reasons; and 2
(c) invites the licensee to show cause within a stated period, 3
of at least 28 days, why the licence should not be 4
amended. 5
`(3) The chief executive may amend the licence, other than its 6
statutory conditions, if, after considering all representations 7
made within the stated period, the chief executive still 8
believes the licence should be amended-- 9
(a) in the way mentioned in the show cause notice; or 10
(b) in another way, having regard to the representations. 11
`(4) If the chief executive decides to amend the licence, the chief 12
executive must give the licensee a written notice stating-- 13
(a) the way in which the licence has been amended; and 14
(b) that the licensee may appeal against the amendment 15
within 28 days to a Magistrates Court. 16
`(5) Subsections (2) to (4) do not apply if the licence is to be 17
amended only-- 18
(a) by omitting an imposed condition; or 19
(b) to correct a minor error or to make a change that is not a 20
change of substance; or 21
(c) in another way that does not adversely affect the 22
licensee's interests. 23
`(6) The chief executive may make an amendment of a type 24
mentioned in subsection (5) by written notice given to the 25
licensee. 26
`(7) An amendment under this section has effect when the chief 27
executive gives notice of the amendment to the licensee or at a 28
later time stated in the notice. 29
`19 Notice to return licence for recording amendment 30
`(1) The chief executive, by written notice, may require a licensee 31
to return the licensee's licence to the chief executive within a 32
stated period, of at least 14 days, to enable the chief executive 33
s 23 29 s 23
Security Providers Amendment Bill 2006
to record on the licence an amendment of the licence under 1
section 17 or 18. 2
`(2) After recording the amendment, the chief executive must 3
return the licence to the licensee. 4
`(3) A licensee to whom a notice under subsection (1) is given 5
must comply with the notice, unless the licensee has a 6
reasonable excuse. 7
Maximum penalty--20 penalty units. 8
`(4) The amendment of a licence under section 17 or 18 does not 9
depend on the amendment being recorded on the licence 10
under this section. 11
`Division 5 Other provisions about licence'. 12
Clause 23 Amendment of s 20 (Renewal of licence) 13
(1) Section 20, heading, after `of'-- 14
insert-- 15
`unrestricted'. 16
(2) Section 20(1), from `a licence' to `after'-- 17
omit, insert-- 18
`an unrestricted licence before'. 19
(3) Section 20(2), `a licence'-- 20
omit, insert-- 21
`an unrestricted licence'. 22
(4) Section 20-- 23
insert-- 24
`(2A) Despite subsection (2), but without limiting section 22, if 25
either of the following has been charged with a disqualifying 26
offence, the chief executive may defer making a decision to 27
renew or to refuse to renew the unrestricted licence until the 28
end of the proceeding for the charge-- 29
(a) the applicant; 30
s 24 30 s 25
Security Providers Amendment Bill 2006
(b) another person required to be an appropriate person for 1
the grant of the unrestricted licence.'. 2
(5) Section 20(3), `the licence'-- 3
omit, insert-- 4
`the unrestricted licence'. 5
(6) Section 20(5), `a licence'-- 6
omit, insert-- 7
`an unrestricted licence'. 8
(7) Section 20(5), from `the day'-- 9
omit, insert-- 10
`the day-- 11
(a) the chief executive renews, or refuses to renew, the 12
licence; or 13
(b) the licensee withdraws the application for renewal.'. 14
Clause 24 Amendment of s 21 (Grounds for suspension, 15
cancellation or refusal to renew) 16
Section 21(1)(b), after `contravened'-- 17
insert-- 18
`this Act, including a code of practice, or'. 19
Clause 25 Insertion of new s 25A and new pt 2, div 6 hdg 20
After section 25-- 21
insert-- 22
`25A Production of licence 23
`A licensee must produce the licensee's licence for inspection 24
on the request of-- 25
(a) an inspector; or 26
(b) if the licensee is not wearing the prescribed 27
identification when carrying out a function of a security 28
s 26 31 s 27
Security Providers Amendment Bill 2006
provider--the person with whom the licensee is dealing 1
when carrying out the function. 2
Maximum penalty--20 penalty units. 3
`Division 6 Appeals against licence decisions'. 4
Clause 26 Amendment of s 26 (Right to appeal to the Court) 5
(1) Section 26(1)(b)-- 6
renumber as section 26(1)(c). 7
(2) Section 26(1)-- 8
insert-- 9
`(b) to grant a licence other than the licence applied for, 10
including, for example, by-- 11
(i) granting a licence authorising the carrying out of 12
the functions of only some of the types of security 13
provider applied for; or 14
(ii) imposing a condition on the licence; or'. 15
(3) Section 26(2)-- 16
omit, insert-- 17
`(2) A licensee may appeal against a decision of the chief 18
executive-- 19
(a) to amend the licence; or 20
(b) to refuse to amend the licence; or 21
(c) to suspend or cancel the licence; or 22
(d) to refuse to renew the licence; or 23
(e) to refuse to replace the licence.'. 24
Clause 27 Replacement of s 29 (Hearing procedures) 25
omit, insert-- 26
s 28 32 s 28
Security Providers Amendment Bill 2006
`29 Hearing procedures 1
`(1) The procedure for an appeal to a Magistrates Court under this 2
Act is to be in accordance with the Uniform Civil Procedure 3
Rules 1999 or, in the absence of relevant rules, directions of 4
the Court. 5
`(2) An appeal is to be by way of rehearing unaffected by the chief 6
executive's decision. 7
`(3) In deciding an appeal, the Court is not bound by the rules of 8
evidence and must observe natural justice.'. 9
Clause 28 Insertion of new pt 2A 10
After part 2-- 11
insert-- 12
`Part 2A Temporary permits 13
`31A Purpose of temporary permit 14
`(1) A temporary permit allows the holder of a corresponding 15
authority to carry out in Queensland stated authorised 16
functions for a stated particular event. 17
`(2) In this section-- 18
stated means stated in the temporary permit. 19
`31B Term of temporary permit 20
`The term of a temporary permit ends when the first of the 21
following happens-- 22
(a) the event for which it is issued ends; 23
(b) the term stated in the permit ends. 24
`31C Application for temporary permit 25
`(1) An application for a temporary permit may be made to the 26
chief executive by-- 27
s 28 33 s 28
Security Providers Amendment Bill 2006
(a) for a temporary permit for carrying out authorised 1
functions of a security firm--a person or a partnership; 2
or 3
(b) for another temporary permit--an individual. 4
`(2) The application must be accompanied by-- 5
(a) evidence satisfying the chief executive that the applicant 6
holds a corresponding authority; and 7
(b) the fee prescribed under a regulation. 8
`(3) The applicant must state in the application-- 9
(a) the event for which the temporary permit is sought; and 10
(b) the authorised functions intended to be carried out under 11
the temporary permit; and 12
(c) if authorised functions of a security firm are intended to 13
be carried out--the security firm services intended to be 14
supplied under the temporary permit. 15
`(4) Only an individual may apply for, or be granted, a temporary 16
permit for carrying out authorised functions of any of the 17
following-- 18
(a) a bodyguard; 19
(b) a crowd controller; 20
(c) a security officer. 21
`(5) The chief executive, by written notice, may request the 22
applicant to give further information or documents relevant to 23
the application within a stated period of at least 28 days. 24
`(6) The applicant is taken to have withdrawn the application if, 25
within the stated period, the applicant does not comply with a 26
request under subsection (5) without a reasonable excuse. 27
`31D Application of pt 2 to temporary permit 28
`(1) The following provisions of part 2 apply to a temporary 29
permit as if the temporary permit were a licence and the 30
holder of the temporary permit were a licensee-- 31
(a) division 2, other than sections 10, 11(2)(b) and (2A) and 32
14A; 33
s 29 34 s 29
Security Providers Amendment Bill 2006
(b) section 15, other than section 15(2)(a); 1
(c) divisions 4 and 5, other than sections 20 and 25; 2
(d) division 6. 3
`(2) Despite subsection (1)(c), sections 21 and 22 apply to a 4
temporary permit only for suspending or cancelling the 5
temporary permit. 6
`31E What temporary permit must state 7
`A temporary permit must state-- 8
(a) the event for which it is issued; and 9
(b) the authorised functions that may be carried out under 10
the temporary permit; and 11
(c) if authorised functions of a security firm may be carried 12
out--the security firm services that may be supplied 13
under the temporary permit. 14
`31F Permit holder taken to hold appropriate licence if 15
complying with conditions 16
`(1) The holder of a temporary permit is taken to hold an 17
appropriate licence for carrying out the functions of a security 18
provider stated in the temporary permit. 19
`(2) However, subsection (1) does not apply to the holder if the 20
holder does not comply with the conditions of the temporary 21
permit. 22
23
Note--
24
If a holder of a temporary permit does not comply with an imposed
25
condition of the temporary permit, because of section 31D, section
26
15(4) may apply to the holder if the imposed condition is prescribed
27
under a regulation as mentioned in that subsection.'.
Clause 29 Amendment of s 44 (False or misleading documents) 28
Section 44, `false, misleading or incomplete'-- 29
omit, insert-- 30
`false or misleading'. 31
s 30 35 s 32
Security Providers Amendment Bill 2006
Clause 30 Amendment of s 45 (Obstruction of inspectors) 1
Section 45, after the penalty-- 2
insert-- 3
`(2) In this section-- 4
obstruct includes hinder, resist and attempt to obstruct.'. 5
Clause 31 Amendment of s 47 (Identification to be worn by crowd 6
controller) 7
(1) Section 47(1), `identification prescribed by regulation so that 8
it'-- 9
omit, insert-- 10
`prescribed identification, so the identification'. 11
(2) Section 47(2)-- 12
omit. 13
Clause 32 Amendment of s 51 (Evidentiary provisions) 14
(1) Section 51(4), `specified'-- 15
omit, insert-- 16
`stated'. 17
(2) Section 51(4)(a), after `licence'-- 18
insert-- 19
`or temporary permit'. 20
(3) Section 51(4)(d)-- 21
renumber as section 51(4)(f). 22
(4) Section 51(4)-- 23
insert-- 24
`(d) that on a stated day, or during a stated period, a person 25
was or was not the holder of a temporary permit or a 26
stated type of temporary permit; 27
(e) that a temporary permit-- 28
(i) was or was not issued for a stated event; or 29
s 33 36 s 34
Security Providers Amendment Bill 2006
(ii) was or was not in force on a stated day or during a 1
stated period; or 2
(iii) was or was not subject to conditions or a stated 3
condition;'. 4
Clause 33 Amendment of s 54 (Regulations) 5
(1) Section 54, heading-- 6
omit, insert-- 7
`54 Regulation-making power'. 8
(2) Section 54(2)(c), after `Act'-- 9
insert-- 10
`, or providing for a refund of fees that have been paid'. 11
(3) Section 54(2)(f)-- 12
insert-- 13
`(iii) the way in which a partnership is to apply for a 14
licence.'. 15
(4) Section 54-- 16
insert-- 17
`(3) Also, a regulation may prescribe a code of practice for 18
security providers. 19
20
Note--
21
See section 21(1)(b) for a contravention of a code of practice.'.
Clause 34 Insertion of new pt 5 22
After section 54-- 23
insert-- 24
s 34 37 s 34
Security Providers Amendment Bill 2006
`Part 5 Transitional provisions for 1
Security Providers Amendment 2
Act 2006 3
`55 Definitions for pt 5 4
`In this part-- 5
bodyguard functions means the functions of a bodyguard. 6
crowd controller functions means the functions of a crowd 7
controller. 8
`56 References to crowd controller licence 9
`(1) In an Act or document, a reference to a crowd controller 10
licence authorising the carrying out of bodyguard functions is 11
taken to be a reference to an unrestricted licence authorising 12
the carrying out of bodyguard functions and not authorising 13
the carrying out of crowd controller functions. 14
`(2) In an Act or document, a reference to a crowd controller 15
licence authorising the carrying out of crowd controller 16
functions is taken to be a reference to an unrestricted licence 17
authorising the carrying out of crowd controller functions and 18
not authorising the carrying out of bodyguard functions. 19
`57 Existing crowd controller licence 20
`(1) This section applies to a a crowd controller licence issued 21
before the commencement of this section (the existing 22
licence) authorising a person to carry out bodyguard 23
functions, whether or not the existing licence also authorises 24
the person to carry out crowd controller functions. 25
`(2) To the extent the existing licence authorises the person to 26
carry out bodyguard functions, it is taken to be an unrestricted 27
licence authorising the person to carry out bodyguard 28
functions until its term ends or it is sooner cancelled. 29
`(3) Despite sections 20 and 62, the existing licence can not be 30
renewed to authorise the carrying out of bodyguard functions. 31
s 34 38 s 34
Security Providers Amendment Bill 2006
`58 Requirement to be licensed--security adviser or 1
security equipment installer 2
`Section 9 does not apply to a person who is a security adviser 3
or security equipment installer in relation to the functions of a 4
security adviser or security equipment installer until the end 5
of 3 months after the commencement of this section. 6
`59 Application of s 9 penalty 7
`For the application of the penalty in section 9(b) and (c) after 8
the commencement of this section, an offence committed 9
before the commencement can not be taken into account, even 10
if the conviction for the offence happens after the 11
commencement. 12
`60 Existing application for licence 13
`(1) This section applies to an application for a licence made, but 14
not decided, before the commencement of this section. 15
`(2) Subject to subsection (3), this Act as in force immediately 16
after the commencement of this section applies in relation to 17
the application, and a decision or appeal in relation to the 18
application. 19
`(3) If the application is for a crowd controller licence authorising 20
the carrying out of bodyguard functions and the applicant has 21
successfully completed a previously approved training course 22
for carrying out crowd controller functions, the applicant is 23
taken to have successfully completed an approved training 24
course for carrying out bodyguard functions. 25
`(4) However, subsection (3) does not prevent the chief executive 26
from imposing a condition on the licence requiring the 27
licensee to undertake further stated training. 28
`(5) In this section-- 29
previously approved training course means a training course 30
approved, before the commencement, by the chief executive. 31
s 35 39 s 35
Security Providers Amendment Bill 2006
`61 Existing conditions on licence 1
`(1) This section applies if a licence in force immediately before 2
the commencement of this section has a condition stated on it. 3
`(2) The condition is taken to be an imposed condition. 4
`62 Existing application for renewal of licence 5
`(1) This section applies to an application for the renewal of a 6
licence made, but not decided, before the commencement of 7
this section. 8
`(2) This Act as in force immediately after the commencement of 9
this section applies in relation to the application, and a 10
decision or appeal in relation to the application. 11
`63 Existing proceedings 12
`(1) A proceeding started before the commencement of this 13
section and pending at the commencement, may be continued, 14
and decided, under this Act as in force immediately before the 15
commencement. 16
`(2) In this section-- 17
proceeding means a proceeding-- 18
(a) under the Judicial Review Act 1991 in relation to a 19
decision made under this Act; or 20
(b) for an offence against this Act.'. 21
Clause 35 Amendment of schedule (Disqualifying offence 22
provisions under the Criminal Code) 23
(1) Schedule-- 24
renumber as schedule 1. 25
(2) Schedule 1, as renumbered, authorising section-- 26
omit, insert-- 27
`schedule 2, definition disqualifying offence'. 28
s 36 40 s 37
Security Providers Amendment Bill 2006
(3) Schedule 1, as renumbered, item 7, `(Assaults on 1
females--Abduction)'-- 2
omit, insert-- 3
`(Rape and sexual assaults)'. 4
(4) Schedule 1, as renumbered, items 3A to 20-- 5
renumber as items 4 to 21. 6
Clause 36 Insertion of new sch 2 7
After schedule 1, as renumbered-- 8
insert-- 9
`Schedule 2 Dictionary 10
section 3'. 11
Clause 37 Amendment of other Acts 12
The schedule amends the Acts mentioned in it. 13
41
Security Providers Amendment Bill 2006
Schedule Consequential amendments of 1
other Acts 2
section 37 3
Criminal Code 4
1 Section 229H(5)(b)(i)-- 5
omit, insert-- 6
`(i) is the holder of a current licence issued under the 7
Security Providers Act 1993 for carrying out the 8
functions of a bodyguard under that Act; and'. 9
Liquor Act 1992 10
1 Section 142AD, definition crowd controller-- 11
omit, insert-- 12
`crowd controller means the holder of a current licence issued 13
under the Security Providers Act 1993 for carrying out the 14
functions of a crowd controller under that Act.'. 15
16
© State of Queensland 2006
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