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SECURITY AND INVESTIGATION INDUSTRY REGULATIONS 2011 - NOTES

- under the Security and Investigation Industry Act 1995

Legislative history

Notes

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Formerly

Security and Investigation Agents Regulations 2011

Legislation revoked by principal regulations

The Security and Investigation Industry Regulations 2011 revoked the following:

Security and Investigation Agents Regulations 1996

Principal regulations and variations

New entries appear in bold.

Year

No

Reference

Commencement

2011

203

Gazette 25.8.2011 p3659

1.9.2011: r 2

2012

99

Gazette 31.5.2012 p2409

1.7.2012: r 2

2013

102

Gazette 6.6.2013 p2231

1.7.2013: r 2

2013

206

Gazette 15.8.2013 p3516

27.9.2013: r 2

2014

159

Gazette 19.6.2014 p2710

1.7.2014: r 2

2015

157

Gazette 18.6.2015 p2804

1.7.2015: r 2

2015

225

Gazette 29.10.2015 p4759

21.11.2015: r 2

2016

136

Gazette 23.6.2016 p2361

1.7.2016: r 2

2017

31

Gazette 19.4.2017 p1114

19.4.2017: r 2

2017

97

Gazette 22.6.2017 p2250

1.7.2017 immediately after 150/2017: r 2

2017

150

Gazette 22.6.2017 p2400

1.7.2017: r 2

2018

162

Gazette 21.6.2018 p2442

1.7.2018: r 2

2018

210

Gazette 6.9.2018 p3421

24.9.2018: r 2

2019

90

Gazette 13.6.2019 p1908

1.7.2019: r 2

2020

121

Gazette 4.6.2020 p2949

1.7.2020: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision

How varied

Commencement

Pt 1



r 1

varied by 206/2013 r 4

27.9.2013

r 2

omitted under Legislation Revision and Publication Act 2002

1.7.2012

r 3



Act

varied by 206/2013 r 5

27.9.2013

BSB number

inserted by 225/2015 r 4

21.11.2015

Pt 2



r 5



r 5(1)

varied by 225/2015 r 5(1)

21.11.2015

r 5(1a)

inserted by 225/2015 r 5(2)

21.11.2015

r 5(3)

substituted by 210/2018 r 4

24.9.2018

r 5(4)

inserted by 210/2018 r 4

24.9.2018

Pt 3



r 6

substituted by 206/2013 r 6

27.9.2013

r 6(1)

varied by 31/2017 r 4(1)

19.4.2017

r 6(3)

substituted by 31/2017 r 4(2)

19.4.2017

r 6(4)

varied by 31/2017 r 4(3)

19.4.2017

r 6(5)

deleted by 31/2017 r 4(4)

19.4.2017

r 6(6)



category A offence

varied by 31/2017 r 4(5)

19.4.2017

category B offence

varied by 31/2017 r 4(6), (7)

19.4.2017

r 7

deleted by 206/2013 r 6

27.9.2013

r 8



r 8(1)

substituted by 206/2013 r 7(1)

27.9.2013

r 8(2)

varied by 206/2013 r 7(2)

27.9.2013


deleted by 97/2017 r 4

1.7.2017

r 9A

inserted by 206/2013 r 8

27.9.2013

r 9A(4)



table

substituted by 225/2015 r 6

21.11.2015

Pt 5



r 25

varied by 225/2015 r 7

21.11.2015

r 35



r 35(1)

r 35 varied and redesignated as r 35(1) by 225/2015 r 8(1), (2)

21.11.2015

r 35(2)

inserted by 225/2015 r 8(2)

21.11.2015

r 36



r 36(1)

varied by 225/2015 r 9(1)

21.11.2015

r 36(1a)

inserted by 225/2015 r 9(2)

21.11.2015

r 36(3)

varied by 225/2015 r 9(3)

21.11.2015

r 36(4)

varied by 97/2017 r 5(1)

1.7.2017

r 36(7)

deleted by 97/2017 r 5(2)

1.7.2017

r 37



r 37(2)

deleted by 225/2015 r 10

21.11.2015

r 38



r 38(3)

substituted by 225/2015 r 11(1)

21.11.2015

r 38(4)

varied by 225/2015 r 11(2)

21.11.2015

r 38(6)

inserted by 225/2015 r 11(3)

21.11.2015

Pt 6



r 47



r 47(1)

varied by 206/2013 r 9(1), (2)

27.9.2013

r 47(2)

substituted by 206/2013 r 9(3)

27.9.2013

r 47(3)

varied by 206/2013 r 9(4)—(6)

27.9.2013

r 48



r 48(1)

varied by 206/2013 r 10(1), (2)

27.9.2013

r 48(2)

varied by 206/2013 r 10(3), (4)

27.9.2013

r 48(3)

varied by 206/2013 r 10(5), (6)

27.9.2013

r 49



r 49(1)

deleted by 121/2020 r 4(1)

1.7.2020

r 49(2)

varied by 121/2020 r 4(2)

1.7.2020

Schs 1 and 2

deleted by 206/2013 r 11

27.9.2013

Sch 3

substituted by 206/2013 r 12

27.9.2013

Sch 4 before substitution by 159/2014

substituted by 99/2012 r 4

1.7.2012


substituted by 102/2013 r 4

1.7.2013

heading

substituted by 206/2013 r 13(1)

27.9.2013

cl 2

varied by 206/2013 r 13(2)

27.9.2013

cl 3

varied by 206/2013 r 13(3), (4)

27.9.2013

cl 4

varied by 206/2013 r 13(5)

27.9.2013

cl 5

varied by 206/2013 r 13(6)

27.9.2013

Sch 4 before substitution by 162/2018

substituted by 159/2014 r 4

1.7.2014


substituted by 157/2015 r 4

1.7.2015


varied by 225/2015 r 12(1)—(3)

21.11.2015


substituted by 136/2016 r 4

1.7.2016


substituted by 150/2017 r 4

1.7.2017

cl 4

deleted by 97/2017 r 6(1)

1.7.2017

cl 7

deleted by 97/2017 r 6(2)

1.7.2017

Sch 4

substituted by 162/2018 r 4

1.7.2018


substituted by 90/2019 r 4

1.7.2019


deleted by 121/2020 r 5

1.7.2020

Sch 5

omitted under Legislation Revision and Publication Act 2002

1.7.2012

Transitional etc provisions associated with regulations or variations

Security and Investigation Agents Variation Regulations 2013 (No 206 of 2013), Sch 1

1—Transitional provisions

(1) For the purposes of the application of section 23(1)(d) of the Act to a person who was carrying on business, or otherwise acting, as a process server immediately before the day on which regulation 6, as substituted by these regulations, comes into operation, a finding of guilt or a conviction, in respect of an offence committed by the person before that day, is to be disregarded if the finding of guilt or the conviction would not have prevented the person from being entitled to carry on a business, or otherwise act, as a process server before that day.

(2) For the purposes of the application of section 23A of the Act to a person who holds a security agents licence, or is a director of a body corporate that is the holder of a security agents licence, immediately before the day on which regulation 6, as substituted by these regulations, comes into operation, a charge laid, in respect of an offence committed by the person before that day, is to be disregarded if the laying of the charge would not have resulted in the suspension of the licence before that day.

(3) For the purposes of the application of section 23B of the Act to a person who holds a security agents licence that authorises the licensee to perform the function of controlling crowds immediately before the day on which regulation 6, as substituted by these regulations, comes into operation, a charge laid, in respect of an offence committed by the person before that day, is to be disregarded if the laying of the charge would not have resulted in the suspension of the licence before that day.

(4) For the purposes of the application of section 23G of the Act to a person who holds a security agents licence, or is a director of a body corporate that is the holder of a security agents licence, immediately before the day on which regulation 6, as substituted by these regulations, comes into operation, a finding of guilt or a conviction, in respect of an offence committed by the person before that day, is to be disregarded if the finding of guilt or the conviction would not have resulted in the cancellation of the licence before that day.

(5) For the purposes of the application of section 25(1)(e)(ii) of the Act to a person licensed as an agent or a director of a body corporate that holds a licence as an agent, immediately before the day on which regulation 6, as substituted by these regulations, comes into operation, a finding of guilt or a conviction, in respect of an offence committed by the person before that day, is to be disregarded if the finding of guilt or the conviction would not have been relevant to deciding whether the person was a fit and proper person to hold a licence or to be a director of a body corporate that holds a licence before that day.

Security and Investigation Industry (Classes of Offences) Variation Regulations 2017 (No 31 of 2017), Sch 1

1—Transitional provisions

(1) For the purposes of the application of section 23(1)(d) of the Act to a person who was carrying on business, or otherwise acting, as a process server immediately before the relevant day, a finding of guilt or a conviction, in respect of an offence committed by the person before that day, is to be disregarded if the finding of guilt or conviction would not have prevented the person from being entitled to carry on a business, or otherwise act, as a process server before that day.

(2) For the purposes of the application of section 23B of the Act to a person who holds a security agents licence that authorises the licensee to perform the function of controlling crowds immediately before the relevant day, a charge laid in respect of an offence committed by the person before that day, is to be disregarded if the laying of the charge would not have resulted in the suspension of the licence before that day.

(3) For the purposes of the application of section 23G of the Act to a person who holds a security agents licence or security industry trainers licence, or is a director of a body corporate that is the holder of a security agents licence, immediately before the relevant day, a finding of guilt or a conviction in respect of an offence committed by the person before that day, is to be disregarded if the finding of guilt or conviction would not have resulted in the cancellation of the licence before that day.

(4) For the purposes of the application of section 25(1)(e)(ii) of the Act to a person licensed as an agent or security industry trainer, or a director of a body corporate that holds a licence as an agent, immediately before the relevant day, a finding of guilt or a conviction, in respect of an offence committed by the person before that day, is to be disregarded if the finding of guilt or the conviction would not have been relevant to deciding whether the person was a fit and proper person to hold a licence or to be a director of a body corporate that holds a licence before that day.

(5) In this clause—

Act means the Security and Investigation Industry Act 1995;

relevant day means the day on which this clause comes into operation.

Historical versions

1.7.2012


1.7.2013


27.9.2013


1.7.2014


1.7.2015


21.11.2015


1.7.2016


19.4.2017


1.7.2017


1.7.2018


24.9.2018


1.7.2019




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