Victorian Numbered Acts

PRIVATE SECURITY ACT 2004 (NO 33 OF 2004) - SECT 4

        A person is not required to hold a private security licence, a private security registration or a temporary permit issued under Division 6 of Part 3 or Division 5 of Part 4, if that person is—

        (a)     a member of the police force of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth who is carrying on his or her functions as such a member;

        (b)     a member of the defence force of the Commonwealth who is carrying on his or her functions as such a member;

        (c)     an employee of—

              (i)     the Crown in right of the Commonwealth or the State of Victoria; or

              (ii)     any Government department of the Commonwealth or of the State of Victoria—

who is carrying on his or her functions as such an employee;

        (d)     a person authorised under section 221AB of the Transport Act 1983 to act as an authorised officer for the purposes of Part VII of that Act, who is carrying on his or her functions as such an authorised officer;

        (e)     a legal practitioner within the meaning of the Legal Practice Act 1996 who is acting in the ordinary course of his or her legal practice or any clerk of such a legal practitioner who is carrying on his or her duties in the ordinary course of that practice;

        (f)     a qualified public accountant who is acting in the ordinary course of his or her accounting practice;

        (g)     a person—

              (i)     who is acting in the ordinary course of carrying on the business of—

    (A)     insurance; or

    (B)     an insurance adjustment agency; or

    (C)     a trustee company; or

              (ii)     who is an employee or agent of a person referred to in sub-paragraph (i) who is carrying on his or her duties as such an employee or an agent (as the case may be)—

where the business or duties that the person is carrying on is not covert enquiries or surveillance;

        (h)     a person (employee) who, in the course of his or her employment with an employer (who is not carrying on a business for which a private security business licence is required, or a business for which a private security business registration is required) is required—

              (i)     to watch, guard or protect any property or do any inquiry work; or

              (ii)     only in connection with the employer's business to—
s. 4

    (A)     install, maintain, repair or service internal security equipment; or

    (B)     provide advice to the employer in relation to security and related services matters—

if the employee—

              (iii)     is not the holder of a private security individual operator licence that is suspended under this Act; or

              (iv)     is not the holder of a private security individual operator registration that is suspended under this Act; or

              (v)     is not a person who was the holder of a private security individual operator licence that has been cancelled under this Act and who is not entitled to apply for a new licence under this Act; or

              (vi)     is not a person who was the holder of a private security individual operator registration that has been cancelled under this Act and who is not entitled to apply for a new registration under this Act;

              (i)     a protective services officer appointed under Part VIA of the Police Regulation Act 1958 who is carrying on his or her functions under that Act;

        (j)     a contractor or a sub-contractor within the meaning of the Corrections Act 1986 who is carrying on his or her functions or powers under that Act;

        (k)     an employee of a contractor or sub-contractor referred to in paragraph (j) who is carrying on his or her duties as such an employee;

        (l)     a person who is a member of any prescribed class of person to the extent prescribed.

__________________

PART 2—OFFENCES