Victorian Numbered Acts Victorian Numbered Acts(1) The holder of a private security crowd controller business licence who provides the services of a person to act as a crowd controller at a public place must, for each day for which the holder so provides those services, provide to the person who is managing the activity for which the services are being provided the register that is required to be made available under section 139(1).
Penalty: 20 penalty units.
(2) The holder of a private security crowd controller business licence who provides the services of a person to act as a crowd controller at a public place must ensure that, for each day for which the crowd controller so acts, the crowd controller properly enters in the register made available at that public place under section 139(1) the information required to be entered under section 142.
Penalty: 20 penalty units.
(3) The holder of a private security crowd controller business licence who provides the services of a person to act as a crowd controller at a public place must ensure that a copy of the register made available at that place under section 139(1), in which the information has been entered in accordance with section 142, is obtained and kept in the licence holder's possession at the usual place of business of the licence holder for a period of 5 years from the day on which the information is required to be entered.
Penalty: 20 penalty units.
141. Duties of crowd controller and manager as to register
(1) If a person, who is licensed to do so under this Act, is acting as a crowd controller at a public place that person must, for each day for which he or she so acts, enter in the register, made available under section 139(1), the information required to be entered under section 142(1).
Penalty: 20 penalty units.
(2) The manager of an activity at a public place at which one or more crowd controllers are being employed or retained must, for each day for which any such crowd controller is employed or retained, enter in the register, made available under section 139(1), the information required to be entered under section 142(2).
Penalty: 20 penalty units.
142. Information required to be entered in the register
(1) The following information is the information that is required to be entered in a register (made available under section 139(1)) by a crowd controller—
(a) the date of the day on which the crowd controller is acting as a crowd controller; and
(b) the licence number and full name of the crowd controller; and
(c) in the case of a crowd controller whose services are being provided by the holder of a private security crowd controller business licence, the name of the licence holder and address of the usual place of business of the licence holder; and
(d) details of the identification worn by the crowd controller in accordance with this Part; and
(e) in relation to any incident involving the crowd controller, the prescribed details relating to the incident; and
(f) any other information required by the regulations .
(2) The following information is the information that is required to be entered in a register (made available under section 139(1)) by the manager of an activity at a public place at which one or more crowd controllers are being employed or retained—
the address of the public place at which any such crowd controllers are being so employed or retained.
(3) In this section "incident" means any action in which a crowd controller—
(a) makes forcible physical contact with a member of the public at or in the vicinity of the place where the crowd controller is so acting; or
(b) restrains a member of the public at, or in the vicinity of, the place where the crowd controller is so acting; or
(c) ejects a member of the public from the place where the crowd controller is so acting.
143. Entry of premises to inspect completed register or copy
A member of the police force or an authorised person may enter any premises where a completed register or a copy of such a register is required to be kept under this Part, at any reasonable time, in order to inspect the completed register or copy to ascertain whether this Act and the regulations are being complied with.
144. Completed register may be copied
A member of the police force or an authorised person may make copies of, or take extracts from, a completed register or a copy of such a register during an inspection under section 143.
145. Powers of police and authorised persons to seize completed register or copy
A member of the police force or an authorised person may, during an inspection of a completed register or copy of such a register under section 143, seize the completed register or a copy if he or she believes on reasonable grounds that there has been a contravention of this Act or the regulations and the seizure is necessary—
(a) for the purposes of investigation into the alleged contravention; or
(b) to enable evidence to be obtained for the purpose of any proceedings under this Act or the regulations.
146. Completed register or copy may be retained for copying
A member of the police force or an authorised person may retain a completed register or a copy of such a register seized under section 145 in order to make copies of, or take extracts from, the completed register or copy.
147. Retention and return of seized completed register or copy
(1) If a member of the police force or an authorised person seizes a completed register or a copy of such a register under section 145, the member or authorised person must take reasonable steps to return the completed register or copy to the person from whom it was seized if the reason for its seizure no longer exists.
(2) If the completed register or copy has not been returned within 3 months after it was seized, the member or authorised person must take reasonable steps to return it unless—
(a) proceedings for the purpose for which the completed register or copy was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
(b) the Magistrates' Court makes an order under section 148 extending the period during which the completed register or copy may be retained.
148. Magistrates' Court may extend 3 month period for retention of completed register or copy
(1) A member of the police force or an authorised person may apply to the Magistrates' Court within 3 months after seizing a completed register or a copy of such a register under section 145 for an extension of the period for which the member or authorised person may retain the completed register or copy.
(2) The Magistrates' Court may order such an extension if it is satisfied that retention of the completed register or copy is necessary—
(a) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or
(b) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.
149. Evidentiary value of documents certified by police or authorised person
A document certified by a member of the police force or an authorised person to be a true copy or extract of a completed register or a copy of such a register seized by a member of the police force or an authorised person under section 145 is admissible in any proceedings as evidence of the contents of that completed register or copy.
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150. Review by VCAT
(1) A person, whose interests are affected by the relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of—
(a) a decision of the Chief Commissioner refusing an application to grant a private security licence or a private security registration; or
(b) a decision of the Chief Commissioner to impose conditions on such a licence or registration (as the case may be); or
(c) a decision of the Chief Commissioner refusing an application to renew such a licence or registration (as the case may be); or
(d) a decision of the Chief Commissioner to vary such a licence or registration (as the case may be); or
(e) a decision of the Chief Commissioner refusing an application to vary such a licence or registration (as the case may be); or
(f) a decision of the Chief Commissioner to take an action under section 56 or 111 in relation to such a licence or registration (as the case may be); or
(g) a decision of the Chief Commissioner refusing an application to issue, or imposing a condition on, a permit under Division 6 of Part 3 or a permit under Division 5 of Part 4; or
(h) any request made for information made by the Chief Commissioner in the course of conducting an investigation or making an inquiry under section 23 or 80, being a request that is unreasonable or not related to the purposes of the investigation or inquiry.
(2) Sub-section (1) does not apply if the relevant decision is a refusal of the Chief Commissioner to grant an application under this Act because any one or more of the following persons is a prohibited person (within the meaning of Part 3)—
(a) the applicant;
(b) a close associate of the applicant;
(c) if the applicant is a body corporate, the nominated person or an officer of the body corporate.
151. Time period for making application for review
An application for review under section 150 must be made within 28 days of the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998 , the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
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152. Appointment of authorised persons
(1) The Chief Commissioner may, by instrument, appoint any person who is—
(a) employed in the administration of this Act; and
(b) qualified to act as an authorised person—
to be an authorised person for the purposes of this Act.
(2) The Chief Commissioner must, in an instrument of appointment under sub-section (1), specify the period for which the person is appointed.
(3) The Chief Commissioner must give an identity card to each person appointed under sub-section (1) which must set out—
(a) the name of the person so appointed; and
(b) the name of the person who has appointed that person; and
(c) the period for which the person is appointed; and
(d) the purposes for which the person is appointed.
153. Offence to hinder or obstruct
(1) A person must not, without reasonable excuse, hinder or obstruct an authorised person or a member of the police force who is exercising any function under this Act.
Penalty: 60 penalty units.
(2) It is a reasonable excuse to an offence under sub-section (1) if the member of the police force or authorised person (as the case requires) did not, before exercising the function under this Act—
(a) identify himself or herself; or
(b) inform the person that it is an offence to hinder or obstruct a person who is exercising such a function.
154. Warrants to search premises
(1) A member of the police force may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the member believes on reasonable grounds that an offence against this Act or the regulations is being or is about to be committed.
(2) If the magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act or the regulations is being or is about to be committed, the magistrate may issue a search warrant authorising the member named in the warrant and any assistants the member considers necessary—
(a) to enter the premises named or described in the warrant; and
(b) to search for and seize any evidence of the offence named or described in the warrant.
(3) In addition to any other requirement, a search warrant issued under this section must state—
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the evidence to be searched for; and
(d) any conditions to which the warrant is subject; and
(e) whether entry is authorised to be at any time or during stated hours; and
(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form under that Act.
(5) The rules to be observed with respect to search warrants set out by or under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
(6) A person executing a warrant under this section must prepare a list of any evidence seized under this section and must give a copy of the list or record of the evidence so seized to the occupier of the premises.
155. Announcement before entry
(1) Before executing a search warrant, the member named in the warrant or person assisting must announce that he or she is authorised by warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises.
(2) The member or a person assisting the member need not comply with sub-section (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
156. Copy of the warrant to be given to occupier
If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the member must—
(a) identify himself or herself to the person as a member of the police force; and
(b) give that person a copy of the execution copy of the warrant.
157. Proceedings for offences
The Chief Commissioner, an authorised person or a member of the police force may take proceedings for an offence against this Act or the regulations.
158. Evidence of matters relating to register
A certificate certifying any matter relating to the contents of the register kept by the Chief Commissioner under section 173, and purporting to be signed by the Chief Commissioner or a person appointed as a delegate of the Chief Commissioner for the purposes of this section, is admissible in any proceedings as evidence of the matters appearing in the certificate.
159. Liability of officers of body corporate for offences committed by the body corporate
If a body corporate is guilty of an offence against this Act or any regulation, any officer of the body corporate who was in any way, by act or omission, directly or indirectly, knowingly concerned in or a party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.
160. How to determine state of mind of a body corporate
If, in any proceeding for an offence against this Act or the regulations it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that—
(a) the conduct was engaged in by an officer, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) the officer, employee or agent had that state of mind.
161. Liability of body corporate or holder of licence or registration for acts of officers, employees or agents
(1) If an officer, employee or agent of a body corporate, that is the holder of a private security licence or a private security registration, engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken, for the purposes of prosecution for an offence against this Act or the regulations, also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
(2) If an officer, employee or agent of the holder of a private security licence or the holder of a private security registration engages in conduct on behalf of the holder within the scope of his or her actual or apparent authority, the holder must be taken, for the purposes of prosecution for an offence against this Act or the regulations, also to have engaged in the conduct, unless the holder establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
162. Service of documents
A notice or other document required or authorised by this Act or the regulations to be served on or given to a person is deemed to have been duly served on or given to the person—
(a) if delivered personally to the person; or
(b) if left with an adult person at the premises that is the last known place of residence or business of the person on or to whom the notice or document is to be served or given; or
(c) if sent to the person by post at the registered address of the person.
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PART 9 — INFRINGEMENT NOTICES
163. Power to serve a notice
A member of the police force or an authorised person may serve an infringement notice on any person that he or she has reason to believe has committed—
(a) an offence against section 59(1), 62(1), 114(1), 117(1), 128(3), 129(2), 129(4), 133, 134(1), 134(2), 138, 141(1), 176(1) or 176(2); or
(b) a prescribed offence against the regulations.
164. Form of notice
An infringement notice must be in a form approved by the Chief Commissioner and must set out all the following matters—
(a) the date of the notice;
(b) the provision of this Act or the regulations that creates the offence;
(c) the date, time and place of the alleged offence;
(d) the nature and a brief description of the alleged offence;
(e) the infringement penalty for the alleged offence set out in the regulations;
(f) the manner in which the infringement penalty may be paid;
(g) the time (not being less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;
(h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served;
(i) that the person is entitled to disregard the notice and defend any proceedings in respect of the alleged offence in the Magistrates' Court;
(j) any other prescribed particulars.
165. Late payment of penalty
A member of the police force or an authorised person may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—
(a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and
(b) the infringement notice has not been withdrawn.
166. Withdrawal of notice
(1) A member of the police force or an authorised person may withdraw an infringement notice issued by a member of the police force or an authorised person under this Part within 28 days after it was served.
(2) The Chief Commissioner may withdraw an infringement notice issued by a member of the police force or an authorised person under this Part within 28 days after it was served.
(3) The withdrawal of an infringement notice is to be effected by serving a withdrawal notice on the person on whom the infringement notice was served.
(4) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the amount of the penalty must be refunded on the notice being withdrawn, and the Consolidated Fund is, to the necessary extent, appropriated accordingly.
(5) Proceedings for the offence in respect of which the infringement notice has been served may still be taken or continued despite the withdrawal of the notice.
167. Payment expiates offence
If an infringement notice is not withdrawn and the infringement penalty is paid within the time specified in the notice or payment is accepted in accordance with section 165 then—
(a) the person on whom the notice was served has expiated the offence by that payment; and
(b) no proceedings may be taken against that person in respect of that offence; and
(c) no conviction is to be taken to have been recorded against that person for the offence.
168. Application of penalty
(1) An infringement penalty paid under this Part must be applied in the same way as a fine paid under an order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates.
(2) The payment of an infringement penalty under this Part is not and must not be taken to be—
(a) an admission of guilt in relation to the offence; or
(b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding.
(3) The payment of an infringement penalty under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for any offence.
169. Prosecution after service of infringement notice
A charge may be filed in respect of an offence to which an infringement notice relates if—
(a) the infringement penalty has not been paid within the time for payment specified in the notice or in accordance with section 165; or
(b) the notice is withdrawn.
170. Enforcement of infringement penalty
Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 to the Magistrates' Court Act 1989 if—
(a) the infringement notice is an infringement notice within the meaning of Schedule 7 to that Act; and
(b) the infringement penalty has not been paid within the time specified in the notice or in accordance with section 165; and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in accordance with section 169.
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PART 10—GENERAL
171. Chief Commissioner may delegate functions
The Chief Commissioner may, by instrument, delegate any of his or her functions under this Act or the regulations, other than this power of delegation to—
(a) a member of the force; or
(b) a police reservist appointed under Part VI of the Police Regulation Act 1958 ; or
(c) a protective services officer appointed under Part VIA of the Police Regulation Act 1958 ; or
(d) an employee within the meaning of the Public Sector Management and Employment Act 1998 ; or
(e) a class of the people specified in paragraphs (a) to (d).
172. Chief Commissioner may approve training requirements etc.
(1) The Chief Commissioner may approve any of the following—
(a) security industry training or other requirements for the purposes of section 25(3), 26(3)(b) or 31(1)(a)(i); or
(b) a security industry training provider to provide any training requirement approved under paragraph (a);
(c) a security industry organisation for the purposes of section 26(3)(a).
(2) The Chief Commissioner may vary or revoke any approval given under this section and may impose conditions on any such approval.
173. Chief Commissioner to keep register
(1) The Chief Commissioner must keep a register of holders of private security licences, holders of private security registrations and holders of permits under Division 6 of Part 3 and Division 5 of Part 4 in accordance with the prescribed procedure for keeping the register and containing the prescribed particulars.
(2) A person may, for the purpose of enabling verification of whether a person is licensed or registered under this Act, inspect the part of the register that has been prescribed for the purposes of such inspections.
(3) The Chief Commissioner must ensure that the part of the register that has been prescribed for the purposes of sub-section (2) is made available for inspection.
174. Requirement to notify Chief Commissioner of changes to close associates
(1) If—
(a) at any time during the course of a private security business licence a person becomes a close associate of the holder of the licence, or a person ceases to be a close associate of the holder of the licence; or
(b) at any time during the course of a private security business registration a person becomes a close associate of the holder of the registration, or a person ceases to be a close associate of the holder of the registration—
the holder must immediately notify the Chief Commissioner of that fact.
Penalty: 20 penalty units.
(2) A notice under sub-section (1) must—
(a) be in writing; and
(b) set out the name and address of the person who has become, or ceased to be, a close associate (as the case requires); and
(c) be signed by each close associate specified in the notice; and
(d) be accompanied by any prescribed documents or information.
175. Body corporate to notify Chief Commissioner of changes to officers
(1) If—
(a) at any time during the course of a private security business licence held by a body corporate a person becomes, or ceases to be, an officer of the body corporate; or
(b) at any time during the course of a private security business registration held by a body corporate a person becomes, or ceases to be, an officer of the body corporate—
the body corporate must immediately notify the Chief Commissioner of that fact.
Penalty: 20 penalty units.
(2) A notice under sub-section (1) must—
(a) be in writing; and
(b) set out the name and address of the person who has become, or ceased to be, the officer of the body corporate; and
(c) be accompanied by any prescribed documents or information.
176. Requirement to notify Chief Commissioner of criminal charges
(1) If at any time during the course of a private security licence—
(a) the holder of the licence, if a natural person; or
(b) a close associate of the holder of the licence; or
(c) if the holder is a body corporate, the nominated person or an officer of the body corporate—
is charged with a particular indictable offence or a disqualifying offence within the meaning of Part 3, the holder, close associate, nominated person or officer (as the case may be) must notify the Chief Commissioner in writing, within 7 days of being charged, of the offence with which the person has been charged and the date and place of the hearing.
Penalty: 20 penalty units.
(2) If at any time during the course of a private security registration—
(a) the holder of the registration, if a natural person; or
(b) a close associate of the holder of the registration; or
(c) if the holder is a body corporate, the nominated person or an officer of the body corporate—
is charged with an indictable offence, the holder, close associate, nominated person or officer (as the case may be) must notify the Chief Commissioner in writing, within 7 days of being charged, of the offence with which the person has been charged and the date and place of the hearing.
Penalty: 20 penalty units.
177. Annual reporting
The Chief Commissioner must provide by 1 October each year a report to the Minister that includes the following information—
(a) the number of applications relating to the granting, renewal or variation of private security business licences, private security individual operator licences, private security business registrations and private security individual operator registrations made to the Chief Commissioner during the financial year immediately preceding the report;
(b) the number of such applications that are considered by the Chief Commissioner during the financial year immediately preceding the report;
(c) the number of such applications granted by the Chief Commissioner during the financial year immediately preceding the report;
(d) the number of such applications refused by the Chief Commissioner during the financial year immediately preceding the report;
(e) the number of variations made to private security business licences, private security individual operator licences, private security business registrations and private security individual operator registrations on the Chief Commissioner's own motion during the financial year immediately preceding the report;
(f) the number of applications for the issue of permits under Division 6 of Part 3 or Division 5 of Part 4 made to the Chief Commissioner during the financial year immediately preceding the report;
(g) the number of applications referred to in paragraph (f) considered, granted or refused by the Chief Commissioner during the financial year immediately preceding the report;
(h) the number of, the reasons for and the outcomes of, any inquiries conducted by the Chief Commissioner during the financial year immediately preceding the report;
(i) the number of applications made to the Victorian Civil and Administrative Tribunal for review of decisions made by the Chief Commissioner during the financial year immediately preceding the report and the outcome of each review;
(j) any other prescribed matters.
178. Statutory review of this Act
(1) The Minister must review this Act to determine whether—
(a) the policy objectives of the Act remain valid; and
(b) the provisions of the Act are still appropriate for securing those objectives.
(2) The Minister must undertake the review as soon as possible after the period of 3 years from the day on which this Act receives the Royal Assent.
(3) The Minister must ensure that a report detailing the outcome of the review is tabled in each House of Parliament within 12 months after the end of the period of 3 years.
179. Supreme Court—Limitation of Jurisdiction
It is the intention of sections 127(1) and 127(2) to alter or vary section 85 of the Constitution Act 1975 .
180. Regulations
(1) The Governor in Council may make regulations for or with respect to prescribing—
(a) in relation to the register to be kept by the Chief Commissioner under section 173—
(i) the procedure for keeping the register; and
(ii) the particulars to be contained in the register; and
(iii) the parts of the register that may be inspected; and
(b) any records to be kept by the Chief Commissioner; and
(c) any forms to be used under this Act; and
(d) the procedure for applications under this Act, the particulars to be included in those applications and the documents and information to accompany those applications; and
(e) the classes of person who may give references in relation to applications made under this Act; and
(f) particulars to be contained or specified in licence documents or registration documents under this Act; and
(g) types of devices or equipment for the purposes of the definition of "security equipment"; and
(h) permanent records to be kept by holders of licences and registrations under this Act and the inspection of those records; and
(i) duties and functions of the Chief Commissioner; and
(j) the identification to be worn by crowd controllers; and
(k) the register to be made available under Part 6, including—
(i) the form of the register; and
(ii) the details that are to be recorded in relation to incidents involving crowd controllers ; and
(iii) any other details that are to be recorded in the register; and
(iv) the time at which details are to be recorded in the register; and
(v) how details are to be recorded in the register; and
(l) provisions for the verification by statutory declaration of any information supplied for the purposes of this Act or the regulations; and
(m) fees to be charged in respect of anything done under or for the purposes of this Act or the regulations including fees for—
(i) applications; or
(ii) licences, registrations, or permits and the renewal or variation of any licences or registrations; or
(iii) the issue of duplicate documents; and
(n) approval of training requirements in relation to applications for private security licences, approval of on-going training requirements for holders of private security licences and approval of training providers to provide those training requirements; and
(o) approval of security industry organisations; and
(p) matters to be included in the annual report prepared by the Chief Commissioner; and
(q) the classes of person exempted from licensing and registration requirements under this Act and the extent of the exemption; and
(r) conditions that may be imposed on licences or registrations under this Act; and
(s) penalties, not exceeding 20 penalty units, for contraventions of the regulations; and
(t) offences in respect of which infringement notices may be issued and particulars to be included in those notices; and
(u) documents or information to accompany notices of changes to nominated persons, close associates or officers of holders of licences or registrations under this Act; and
(v) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place and circumstances; and
(c) may confer a discretionary authority or impose a duty on the Chief Commissioner; and
(d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Chief Commissioner; and
(e) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent that is specified; and
(f) may make provision for fees that may differ in respect of—
(i) in the case of applications under this Act—
(A) the nature of applications; or
(B) the classes of persons making applications or related to persons making applications; or
(C) the classes of other related matters including related applications; or
(ii) in the case of licences, registrations or permits under this Act, or renewals or variations of licences or registrations under this Act—
(A) the nature of the licences, registrations, permits, variations or renewals; or
(B) the classes of holder of licences, registrations or permits or persons being granted variations or renewals or persons related to those holders or persons; or
(C) the classes of other related matters including related licences, registrations, permits, renewals or variations; and
(g) may make provision for the reduction or waiver or refund in whole or in part of any fees; and
(h) may make provision for fees to be charged on a pro-rata basis.
(3) If, under sub-section (2)(g), regulations provide for a reduction, waiver or refund in whole or in part of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—
(a) in respect of certain applications or classes of applications under this Act; or
(b) when an event happens; or
(c) in respect of certain persons or classes of persons; or
(d) in respect of any combination of such applications, events or persons—
and may be expressed to apply subject to specified conditions or in the discretion of the Chief Commissioner.
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181. Definitions
In this Part—
"old Act" means the Private Agents Act 1966 ;
"commencement day" means the day on which this Part comes into operation.
182. Licences under old Act deemed to be private security business licences
(1) On and from the commencement day, a licence granted under Part IIA of the old Act, in force immediately before that day, which authorised a person to carry on the business of providing other persons to carry on a class A security activity is deemed, on and from that day, to be a private security business licence that authorises the person to carry on such a business.
(2) A licence that is deemed to be a private security business licence under sub-section (1)—
(a) is subject to any conditions to which the licence was subject immediately before the commencement day; and
(b) remains in force for the remainder of the term of the licence unless before the end of that term—
(i) the licence is cancelled or suspended under Part 3; or
(ii) a private security business licence that authorises the carrying on of such a business is granted, or refused to be granted, under Part 3 to that person—
whichever is the sooner.
(3) The holder of a licence that is deemed to be a private security business licence under sub-section (1) is not entitled to renew that licence under this Act.
(4) If an application has been made under Part 3 for the issue of a new licence by the holder of a licence that is deemed to be a private security business licence under sub-section (1), the licence is deemed to continue in force, after the expiry of the licence period, until the Chief Commissioner makes a decision in relation to the application or refuses to make a decision in relation to the application.
183. Licences under old Act deemed to be private security individual operator licences
(1) On and from the commencement day, a licence granted under Part IIA of the old Act, in force immediately before that day, which authorised a person to carry on a class A security activity is deemed, on and from that day, to be a private security individual operator licence that authorises the person to carry on such an activity.
(2) A licence that is deemed to be a private security individual operator licence under sub-section (1)—
(a) is subject to any conditions to which the licence was subject immediately before the commencement day; and
(b) remains in force for the remainder of the term of the licence unless before the end of that term—
(i) the licence is cancelled, or suspended under Part 3; or
(ii) a private security individual operator licence that authorises the carrying on of such an activity is granted, or refused to be granted, under Part 3 to that person—
whichever is the sooner.
(3) The holder of a licence that is deemed to be a private security individual operator licence under sub-section (1) is not entitled to renew that licence under this Act.
(4) If an application has been made under Part 3 for the issue of a new licence by the holder of a licence that is deemed to be a private security individual operator licence under sub-section (1), the licence is deemed to continue in force, after the expiry of the licence period, until the Chief Commissioner makes a decision in relation to the application or refuses to make a decision in relation to the application.
184. Transitional provision for security equipment installers, security advisers and bodyguards
Part 2 does not apply to a person who—
(a) immediately before the commencement day, was a security equipment installer, security adviser or bodyguard; and
(b) lodges an application for the appropriate licence or registration under this Act on or before 6 weeks after the commencement day—
until the Chief Commissioner makes a decision in relation to the application or refuses to make a decision in relation to the application.
185. Proceedings at VCAT for review of decisions under the old Act
Any proceeding commenced in the Victorian Civil and Administrative Tribunal to review a decision to cancel or suspend a licence granted under Part IIA of the old Act pursuant to an application under section 42A of that Act, which has not been determined by the Tribunal before the commencement day is deemed to be a proceeding pursuant to an application under Part 7 to review a decision of the Chief Commissioner to cancel or suspend the licence (as the case may be).
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186. Definitions
See:
Act
No.
7494.
Reprint
No. 8
as
at
13 January
2000
and
amending
Act
Nos
74/2000 and
11/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
In section 3 of the Private Agents Act 1966 —
(a) the definitions of "crowd controller", "deputy registrar", " inquiry agent", " public place", " registrar", " security firm" and "security guard" are repealed ;
(b) in paragraph (b) of the definition of "surety", after "company" insert "or person".
187. Repeal of exemption relating to security guards
Section 4(1)(h) of the Private Agents Act 1966 is repealed .
188. Categories of private agents
(1) In section 5(1) of the Private Agents Act 1966 , for "Part" substitute "Act".
(2) Section 5(2) of the Private Agents Act 1966 is repealed .
189. Chief Commissioner to keep register
(1) Insert the following heading to section 7 of the Private Agents Act 1966 —
"Chief Commissioner to keep register" .
(2) In section 7(1) of the Private Agents Act 1966 omit "under this Part".
190. Repeal of Part IIA
Part IIA of the Private Agents Act 1966 is repealed .
191. Registered address
Section 23(3) of the Private Agents Act 1966 is repealed .
192. Repeal of Division heading in Part IV
The heading to Division 1 of Part IV of the Private Agents Act 1966 is repealed .
193. Surety
In section 31(1) of the Private Agents Act 1966 omit "in the prescribed form".
194. Termination of fidelity bond
In sections 32(1) and 32(3) of the Private Agents Act 1966 , after "insurance company" insert "or person".
195. Payment into bank
For the penalty at the foot of sections 34(1) and 34(3) of the Private Agents Act 1966 substitute —
"Penalty: 60 penalty units or 6 months imprisonment or both.".
196. Amendments to section 34A
(1) For section 34A(1) of the Private Agents Act 1966 substitute —
'(1) The Minister may take the action set out in sub-section (1A) if, after considering a report of an investigation into—
(a) a commercial agent, the Minister is satisfied that the commercial agent has received money for or on behalf of persons and has not properly accounted for the money in the trust account required to be established under this Act; or
(b) a person who has been but is no longer a commercial agent ("former commercial agent"), the Minister is satisfied that—
(i) there is an account that was, immediately before the person ceased to be a commercial agent, the trust account required to be established under this Act; and
(ii) there is lodged at the proper venue of the Magistrates' Court a surety under this Part; and
(iii) the person, when acting as a commercial agent, received money for or on behalf of persons and did not properly account for the money in the trust account required to be established under this Act.
(1A) The action that may be taken by the Minister is that the Minister may—
(a) by notice in writing to the manager or other principal officer of a bank with which the commercial agent or former commercial agent has deposited any money in the trust account required to be kept under this Act, direct that no money be drawn from the trust account without the consent of the Minister until further notice; and
(b) notify the registrar at the proper venue of the Magistrates' Court that the commercial agent or former commercial agent appears to have received money for or on behalf of persons which is not properly accounted for in the trust account required to be kept under this Act; and
(c) in the case of a commercial agent, apply to the Court to have his or her licence suspended, and serve a copy of the application on the commercial agent.'.
(2) In section 34A(2) of the Private Agents Act 1966 , for "paragraph (a) of sub-section (1)" substitute "sub-section (1A)(a)".
(3) For section 34A(4) of the Private Agents Act 1966 substitute —
"(4) If—
(a) the Minister has issued a notice
under sub-section (1A)(a) in relation to a commercial agent or a
former commercial agent; and
s. 196
(b) in the case of a commercial agent, the Minister has suspended his or her licence under sub-section (3), or the licence has later been cancelled—
the Minister may, by notice published in at least two newspapers circulating throughout Victoria, fix a date on or before which any person, who is entitled to receive money which has been or should have been paid into the trust account of the commercial agent or former commercial agent, may prove his or her claim before the Chief Commissioner.".
(4) In section 34A(7) of the Private Agents Act 1966 —
(a) after "commercial agent" insert "or former commercial agent (as the case requires)";
(b) in paragraph (b)—
(i) after "commercial agent" insert "or former commercial agent (as the case requires)";
(ii) after "insurance company" insert "or person".
(5) In section 34A(11) of the Private Agents Act 1966 after "commercial agent" insert "or former commercial agent (as the case requires)".
(6) In section 34A(12) of the Private Agents Act 1966 after "commercial agent" insert "or former commercial agent (as the case requires)".
197. Repeal of Part IVA
Part IVA of the Private Agents Act 1966 is repealed .
198. Review of decision
Section 42A of the Private Agents Act 1966 is repealed .
199. Permanent records to be kept by commercial agents
(1) Insert the following heading to section 44A of the Private Agents Act 1966 —
"Permanent records to be kept by commercial agents" .
(2) In section 44A(1) of the Private Agents Act 1966 omit ', inquiry agent and security firm (hereinafter in this section called a "specified private agent")'.
(3) In sections 44A(2) and 44A(3) of the Private Agents Act 1966 —
(a) for "specified private agent" (wherever occurring) substitute "commercial agent";
(b) for ' "specified private agent" ' (wherever occurring) substitute "commercial agent".
(4) In section 44A(5) of the Private Agents Act 1966 , for "registrar" substitute "Registrar".
200. Judicial notice of certificates of the Chief Commissioner
Insert the following heading to section 50 of the Private Agents Act 1966 —
"Judicial notice of certificates of the Chief Commissioner" .
201. Regulations
In section 51 of the Private Agents Act 1966 —
(a) in sub-section (1)(d), for "private agents or any category of private agents" substitute "commercial agents or commercial sub-agents";
(b) sub-sections (1)(i) and (1)(j) are repealed .
202. Further amendments to Private Agents Act 1966
The Private Agents Act 1966 is amended as set out in the Schedule.
203. Insertion of new section 19HA
After section 19H of the Private Agents Act 1966 insert —
The registrar may impose conditions on a licence under this Part.".
204. Repeal of section 19I
Section 19I of the Private Agents Act 1966 is repealed .
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PART 13 — AMENDMENTS TO OTHER ACTS
See:
Act
No.
19/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
205. Amendment to Major Events (Crowd Management) Act 2003
For section 25(1)(a) of the Major Events (Crowd Management) Act 2003 substitute —
"(a) the person holds under the Private Security Act 2004 —
(i) a private security business licence that authorises that person to carry on the business of providing the services of other persons to act as a security guard or a crowd controller; or
(ii) a private security individual operator licence that authorises that person to act as a security guard or a crowd controller; or".
See:
Act No.
10206.
Reprint No. 3
as at
24 February 2000
and amending
Act Nos
74/2000, 81/2000, 11/2001 and
19/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
206. Amendment to Melbourne and Olympic Parks Act 1985
In section 22A(3) of the Melbourne and Olympic Parks Act 1985 , for "Private Agents Act 1966" substitute "Private Security Act 2004" .
See:
Act
No.
66/1996.
Reprint
No. 3
as
at
1 January
2004.
LawToday:
www.dms.
dpc.vic.
gov.au
207. Amendments to the Firearms Act 1996
In sections 10(2)(d)(i) and 15(2)(a)(i) of the Firearms Act 1996 , for "Private Agent's Act 1966" substitute "Private Security Act 2004" .
See:
Act
No.
47/1991.
Reprint
No. 5
as
at
28 August
2001
and
amending
Act
Nos
38/2002, 52/2003 and
114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
208. Amendments to the Casino Control Act 1991
(1) In sections 37(2) and 78(4) of the Casino Control Act 1991 , for "Private Agents Act 1966" substitute "Private Security Act 2004" .
(2) In section 46 of the Casino Control Act 1991 , for "in compliance with the Private Agents Act 1966 " substitute ", who is a crowd controller within the meaning of the Private Security Act 2004 , that complies with that Act".
See:
Act No.
53/1991.
Reprint No. 9
as at
1 September 2002
and amending
Act
Nos
117/1993, 90/1997, 38/2002, 52/2003 and
114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
209. Amendment to Gaming Machine Control Act 1991
In section 47(2) of the Gaming Machine Control Act 1991 , for "in compliance with the Private Agents Act 1966 " substitute ", who is a crowd controller within the meaning of the Private Security Act 2004 , that complies with that Act".
See:
Act No.
16/1997.
Reprint No. 2
as at
28 August 2001
and amending
Act Nos
90/2000, 11/2002, 23/2002, 38/2002 and
114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
210. Amendment to Gaming No. 2 Act 1997
In section 60(2) of the Gaming No. 2 Act 1997 , for "in compliance with the Private Agents Act 1966 " substitute ", who is a crowd controller within the meaning of the Private Security Act 2004 , that complies with that Act".
See:
Act No.
114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
211. Amendments to Gambling Regulation Act 2003
In sections 3.4.44(2) and 8.5.26(2) of the Gambling Regulation Act 2003 , for "in compliance with the Private Agents Act 1966 " substitute ", who is a crowd controller within the meaning of the Private Security Act 2004 , that complies with that Act".
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