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Queensland
SECURITY PROVIDERS
BILL 1993
Queensland
SECURITY PROVIDERS BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Who is a security provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Who is a crowd controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Who is a private investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Who is a security officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--LICENCES
8 Requirement to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Application for licence by individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Who is entitled to a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Inquiries about person's appropriateness to hold licence . . . . . . . . . . . . . . . 14
12 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Notice to return licence for alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Period of validity of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Grounds for suspension, cancellation or refusal to renew . . . . . . . . . . . . . . . 17
20 Procedure for suspension, cancellation or refusal to renew . . . . . . . . . . . . . 18
21 Return of suspended or cancelled licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Automatic cancellation on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Replacement licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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24 Right to appeal to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 22
PART 3--INSPECTORS
30 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
31 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Production of inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Entry of place by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Warrants--applications made otherwise than in person . . . . . . . . . . . . . . . . 24
36 Inspector's general powers in a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 28
40 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
43 Obstruction of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
44 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 4--GENERAL
45 Identification to be worn by crowd controller . . . . . . . . . . . . . . . . . . . . . . . . 31
46 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
47 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
48 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
51 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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PART 5--TRANSITIONAL PROVISIONS
53 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
54 Pending applications may proceed under this Act . . . . . . . . . . . . . . . . . . . . 34
55 Transition to licensing under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 6--AMENDMENT OF INVASION OF PRIVACY ACT 1971
57 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
58 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
60 Replacement of Part 2 heading (Administration) . . . . . . . . . . . . . . . . . . . . . 37
61 Replacement of ss.5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
6 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
6A Production of inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . 38
62 Replacement of Part 3 heading (Credit reporting agents and
private inquiry agents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
63 Amendment of s.8 (Unlicensed person not to act as credit
reporting agent, private inquiry agent or subagent) . . . . . . . . . . . . . . . . . . . 38
64 Amendment of s.9 (Application for licence or renewal) . . . . . . . . . . . . . . . 38
65 Amendment of s.10 (Grant of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Amendment of s.11 (Restoration of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Amendment of s.12 (Variation of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . 40
68 Amendment of s.13 (Cancellation of licence) . . . . . . . . . . . . . . . . . . . . . . . 40
69 Amendment of s.14 (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 Amendment of s.15 (Registers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
71 Amendment of s.18 (Information to be disclosed by credit
reporting agent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
72 Amendment of s.19 (Obtaining information falsely) . . . . . . . . . . . . . . . . . . . 40
73 Amendment of s.20 (Unauthorized disclosure) . . . . . . . . . . . . . . . . . . . . . . . 41
74 Amendment of s.21 (Supply of false information) . . . . . . . . . . . . . . . . . . . . 41
75 Amendment of s.22 (Falsifying records or credit report) . . . . . . . . . . . . . . . 41
76 Amendment of s.25 (Demanding payment by threats) . . . . . . . . . . . . . . . . . 41
77 Omission of Part 3, Division 3 (Private Inquiry Agents) . . . . . . . . . . . . . . . 41
4
Security Providers
78 Omission of s.35 (Licensees not to assume additional powers) . . . . . . . . . . 41
79 Amendment of s.36 (Registered addresses) . . . . . . . . . . . . . . . . . . . . . . . . . . 42
80 Replacement of s.37 (Production of licence) . . . . . . . . . . . . . . . . . . . . . . . . 42
37 Production of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
81 Amendment of s.38 (Surrender of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . 42
82 Replacement of s.39 (Licensee not to lend licence) . . . . . . . . . . . . . . . . . . 43
39 Automatic cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Amendment of s. 43 (Prohibition on use of listening devices) . . . . . . . . . . 43
84 Amendment of s.44 (Prohibition on communication or publication
of private conversations unlawfully listened to) . . . . . . . . . . . . . . . . . . . . . . 44
85 Amendment of s.45 (Prohibition on communication or publication
of private conversations by parties thereto) . . . . . . . . . . . . . . . . . . . . . . . . . . 44
86 Amendment of s.46 (Inadmissibility of evidence of private
conversations when unlawfully obtained) . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
87 Amendment of s.47 (Destruction of irrelevant records made by
the use of a listening device) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Amendment of s.48 (Advertising listening devices prohibited) . . . . . . . . . . 44
89 Amendment of s.48A (Unlawful entry of dwelling-houses) . . . . . . . . . . . . . 45
90 Insertion of new s.48B (Delegation by chief executive) . . . . . . . . . . . . . . . 45
48B Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
91 Amendment of s.49 (Offences and penalty) . . . . . . . . . . . . . . . . . . . . . . . . . 45
92 Amendment of s.50 (Proceedings how and when taken) . . . . . . . . . . . . . . . 46
93 Amendment of s.51A (Indemnity to Minister and other persons) . . . . . . . . 46
51A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
94 Omission of s.51B (Delegations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
95 Amendment of s.52 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 7--AMENDMENT OF CRIMINAL LAW
(REHABILITATION OF OFFENDERS) ACT 1986
96 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
97 Amendment of s.4 (Construction of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
98 Amendment of s.7 (S.6 not applicable in certain cases) . . . . . . . . . . . . . . . 48
99 Amendment of s.9A (Disclosure of particulars in special cases) . . . . . . . . 48
100 Amendment of s.12 (Offence provision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5
Security Providers
101 Replacement of s.13 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
13 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 50
DISQUALIFYING OFFENCE PROVISIONS UNDER THE
CRIMINAL CODE
1993
A BILL
FOR
An Act to licence security providers, and for related purposes
8
Security Providers
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Security Providers Act 1993. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Definitions
In this Act-- 8
Clause3.
"accountant" means a person who is-- 9
(a) a registered company auditor within the meaning of the 10
Corporations Law; or 11
(b) a member of The Institute of Chartered Accountants in Australia 12
or the Australian Society of Certified Practising Accountants; 13
"appropriate licence" of a person carrying out the functions of a security 14
provider is-- 15
(a) if carrying out the functions of a crowd controller--a crowd 16
controller's licence; or 17
(b) if carrying out the functions of a private investigator--a private 18
investigator's licence; or 19
(c) if carrying out the functions of a security officer--a security 20
officer's licence; 21
"arrangement" includes scheme, agreement, understanding, promise or 22
undertaking (express or implied); 23
9
Security Providers
"chief executive" means the chief executive of the department;1 1
"Commissioner" means the Commissioner of the Police Service; 2
"Court" means a Magistrates Court; 3
"criminal history" of a person-- 4
(a) means the person's criminal history within the meaning of the 5
Criminal Law (Rehabilitation of Offenders) Act 1986; and 6
(b) despite section 6 of the Criminal Law (Rehabilitation of 7
Offenders) Act 1986, includes a conviction to which the section 8
applies; 9
"crowd controller" has the meaning given by section 5; 10
"disqualifying offence" means an offence-- 11
(a) under the Weapons Act 1990 that is punishable by imprisonment 12
for 1 year or more, even if a fine may be imposed in addition or 13
as an alternative; or 14
(b) under the Drugs Misuse Act 1986 that is punishable by 15
imprisonment for 1 year or more, even if a fine may be imposed 16
in addition or as an alternative; or 17
(c) an offence against a provision of the Criminal Code mentioned in 18
the Schedule; 19
"inspector" means a person who is appointed under section 30 as an 20
inspector; 21
"legal practitioner" means a barrister or solicitor in the performance of the 22
practice of a barrister or solicitor; 23
"licensed premises" means licensed premises within the meaning of the 24
Liquor Act 1992; 25
"obstruct" includes hinder, resist and attempt to obstruct; 26
"private investigator" has the meaning given by section 6; 27
"public place" means-- 28
(a) licensed premises; or 29
1 Section 47 allows the chief executive to delegate the chief executive's powers.
10
Security Providers
(b) an entertainment venue to which the public are admitted, whether 1
or not for consideration; 2
"security officer" has the meaning given by section 7; 3
"security provider" has the meaning given by section 4. 4
is a security provider 5
Who
A "security provider" is-- 6
Clause4.(1)
(a) a crowd controller; or 7
(b) a private investigator; or 8
(c) a security officer. 9
(2) A person employed by a security provider is not a security provider if 10
the person's duties are only secretarial or clerical. 11
(3) Each of the following persons is not a security provider in carrying 12
out the functions of the person's employment-- 13
(a) a police officer or a member of the police service of the 14
Commonwealth, another State or a Territory; 15
(b) a member of the Defence Force; 16
(c) an officer or employee of the Commonwealth or a State or 17
Territory; 18
(d) a Minister of the Commonwealth or a State or Territory; 19
(e) a department of the Commonwealth or a State or Territory; 20
(f) a casino employee or casino key employee within the meaning of 21
the Casino Control Act 1982. 22
is a crowd controller 23
Who
Clause5. A crowd controller is a person who, for reward-- 24
(a) acts as a bodyguard; or 25
(b) is at a public place principally for the purpose of maintaining 26
order in or about the public place. 27
11
Security Providers
Example of paragraph (b)-- 1
A bouncer at a hotel, night club or rock concert. 2
is a private investigator 3
Who
A private investigator is a person who, for reward, obtains and 4
Clause6.(1)
gives information about another person. 5
(2) Despite subsection (1), a person is not a private investigator merely 6
because-- 7
(a) the person-- 8
(i) is the employee of a person who does not, for reward, obtain 9
and give information; and 10
(ii) as an employee, obtains and gives information about another 11
person; or 12
(b) the person is a credit reporting agent within the meaning of the 13
Invasion of Privacy Act 1971; or 14
(c) the person, for reward, gives information about another person 15
from existing records in the person's possession or in the 16
possession of the person's employer. 17
Example of paragraph (a)-- 18
A retail department store's employee who obtains information about the 19
credit standing of a person who has applied for the store's credit card. 20
(3) Each of the following persons is not a private investigator in carrying 21
out the functions of the person's occupation or employment-- 22
(a) a legal practitioner or a legal practitioner's employee; 23
(b) an accountant or an accountant's employee; 24
(c) a person carrying on the business of insurance or an employee of 25
the person; 26
(d) a person carrying on the business of an insurance adjustment 27
agency or an employee of the person. 28
12
Security Providers
is a security officer 1
Who
Clause7.(1) A security officer is a person who, for reward, patrols or guards 2
another person's property. 3
(2) Despite subsection (1), a person is not a security officer merely 4
because the person-- 5
(a) is an employee of a person who does not, for reward, patrol or 6
guard another person's property; and 7
(b) as an employee, patrols or guards the employer's property. 8
ART 2--LICENCES 9
P
to be licensed 10
Requirement
Unless a person holds the appropriate licence, the person must 11
Clause8.(1)
not-- 12
(a) carry out the functions of a security provider; or 13
(b) advertise, or in any way hold out, that the person carries out or is 14
willing to carry out, the functions of a security provider. 15
Maximum penalty--100 penalty units. 16
(2) A person must not, directly or indirectly, for reward, engage an 17
individual to carry out the functions of a security provider unless the 18
individual holds the appropriate licence. 19
Maximum penalty--100 penalty units. 20
(3) Unless a person holds the appropriate licence, the person is not 21
entitled to any reward for carrying out the functions of a security provider. 22
(4) Subsection (3) has effect despite any arrangement to the contrary. 23
for licence by individual 24
Application
A person may apply to the chief executive for the grant of a 25
Clause9.(1)
licence. 26
13
Security Providers
(2) Only an individual may apply for, or be granted, a licence. 1
(3) The chief executive, by written notice, may request the applicant to 2
give further information or documents relevant to the application. 3
(4) The chief executive may reject the application if the applicant fails to 4
comply with the request without reasonable excuse. 5
is entitled to a licence 6
Who
A person is entitled to a licence if the chief executive is 7
Clause10.(1)
satisfied that the person-- 8
(a) is 18 or more; and 9
(b) has successfully completed a training course approved by the 10
chief executive; and 11
(c) is an appropriate person to hold the licence. 12
(2) In deciding whether a person is an appropriate person to hold a 13
licence, the chief executive is limited to considering the matters mentioned 14
in subsections (3) and (4). 15
(3) In deciding whether a person is an appropriate person to hold a 16
licence, the chief executive may consider the following matters as indicating 17
that the person may not be an appropriate person-- 18
(a) that in dealings in which the person has been involved, the person 19
has-- 20
(i) shown dishonesty or lack of integrity; or 21
(ii) used harassing tactics; 22
(b) that the person associates with a criminal in a way that indicates 23
involvement in unlawful activity; 24
(c) that the person has taken advantage, as a debtor, of the laws of 25
bankruptcy; 26
(d) that the person is or was a patient within the meaning of the 27
Mental Health Act 1974; 28
(e) that the person has been convicted of an offence. 29
(4) A person is not an appropriate person to hold a licence if the person, 30
14
Security Providers
within 10 years of applying for a licence, has been convicted of-- 1
(a) a disqualifying offence; or 2
(b) an offence that would be a disqualifying offence if committed in 3
Queensland. 4
about person's appropriateness to hold licence 5
Inquiries
The chief executive may make inquiries about a person to 6
Clause11.(1)
assist in deciding whether the person is an appropriate person to hold a 7
licence. 8
(2) If requested by the chief executive, the Commissioner must give the 9
chief executive a written report about the person's criminal history. 10
(3) Subsection (2) applies to the criminal history-- 11
(a) that is in the Commissioner's possession; or 12
(b) to which the Commissioner ordinarily has access through 13
arrangements with the police service of the Commonwealth, 14
another State or a Territory. 15
on application 16
Decision
The chief executive must consider an application for a licence 17
Clause12.(1)
and either-- 18
(a) grant the licence; or 19
(b) refuse to grant the licence. 20
(2) If the chief executive decides to grant the licence, the chief executive 21
must promptly give the applicant-- 22
(a) the licence; and 23
(b) if a condition is stated on the licence--a written notice stating that 24
the applicant may appeal against the imposition of the condition 25
within 28 days to a Magistrates Court. 26
(3) If the chief executive decides to refuse to grant the licence, the chief 27
executive must promptly give the applicant a written notice stating-- 28
(a) the decision; and 29
15
Security Providers
(b) the reasons for the decision; and 1
(c) that the applicant may appeal against the decision within 28 days 2
to a Magistrates Court. 3
of licence 4
Conditions
Clause13.(1) The chief executive may grant a licence on conditions stated on 5
the licence. 6
(2) The licensee must comply with the conditions of the licence. 7
(3) The contravention of a condition that is prescribed by regulation for 8
the purposes of this section is an offence. 9
Maximum penalty--40 penalty units. 10
of conditions 11
Amendment
Clause14.(1) If the chief executive considers that the conditions on a licence 12
should be amended, the chief executive must give the licensee a written 13
notice (the "show cause notice") that-- 14
(a) states the reasons for the amendment; and 15
(b) outlines the facts and circumstances that form the basis of the 16
reasons; and 17
(c) invites the licensee to show cause within a specified time, of not 18
less than 28 days, why the conditions should not be amended. 19
(2) The chief executive may amend the conditions if, after considering all 20
representations made within the specified time, the chief executive still 21
believes that the conditions should be amended-- 22
(a) in the way mentioned in the show cause notice; or 23
(b) in another way, having regard to the representations. 24
(3) If the chief executive decides to amend the conditions, the chief 25
executive must give the licensee a written notice stating-- 26
(a) the way in which the conditions have been amended; and 27
(b) that the licensee may appeal against the amendment of the 28
conditions within 28 days to a Magistrates Court. 29
16
Security Providers
(4) Subsections (1) to (3) do not apply if the conditions of a licence are to 1
be amended only-- 2
(a) by omitting a condition; or 3
(b) for a formal or clerical reason; or 4
(c) in another way that does not adversely affect the licensee's 5
interests. 6
(5) The chief executive may make an amendment of a type mentioned in 7
subsection (4) by written notice given to the licensee. 8
to return licence for alteration 9
Notice
Clause15.(1) The chief executive may, by written notice, require the licensee 10
to return the licence to the chief executive within a specified time, of not less 11
than 14 days, to enable the chief executive to amend the statement of 12
conditions on the licence. 13
(2) After amending the statement of conditions, the chief executive must 14
return the licence to the licensee. 15
(3) A licensee must comply with a notice under subsection (1), unless 16
the person has a reasonable excuse not to comply with it. 17
Maximum penalty--20 penalty units. 18
(4) The amendment of the conditions of a licence under section 14 does 19
not depend on the statement of conditions being altered under this section. 20
of licence 21
Production
A licensee must produce the licensee's licence for inspection on 22
Clause16.
the request of-- 23
(a) an inspector; or 24
(b) a police officer; or 25
(c) if the licensee is not wearing the prescribed identification--the 26
person with whom the licensee is dealing in carrying out the 27
licensee's functions. 28
Maximum penalty--20 penalty units. 29
17
Security Providers
of validity of licence 1
Period
A licence is for the term, of not longer than 1 year, specified in 2
Clause17.
the licence. 3
of licence 4
Renewal
Clause18.(1) A person may apply to the chief executive for the renewal of a 5
licence within the period starting 1 month before the licence ends and 6
ending 6 months after the licence ends. 7
(2) If an application for renewal of a licence is made, the chief executive 8
must renew the licence unless the chief executive refuses to renew it under 9
section 20. 10
(3) A renewal begins at the end of the day on which, apart from its 11
renewal, the licence would have ended. 12
(4) A renewal is for the period, of not longer than 1 year, specified in the 13
renewed licence. 14
for suspension, cancellation or refusal to renew 15
Grounds
Each of the following is a ground for the suspension or 16
Clause19.(1)
cancellation of a licence or the refusal to renew a licence-- 17
(a) the licence was obtained on the basis of incorrect or misleading 18
information; 19
(b) the licensee has contravened a condition of the licence; 20
(c) the licensee has committed an offence against this Act; 21
(d) the licensee is not, or is no longer, an appropriate person to hold a 22
licence. 23
(2) The question whether a person is an appropriate person to continue to 24
hold a licence is decided in the same way as the question whether a person 25
is an appropriate person to be granted the licence. 26
(3) The fact that a licensee has been charged with a disqualifying offence 27
is a ground for suspending, or refusing to renew, the licensee's licence until 28
the end of the proceeding in relation to the charge. 29
(4) The power of the court to impose conditions of bail under the Bail 30
18
Security Providers
Act 1980 includes the power to impose a condition that the licensee not act 1
as a security provider as stated in the condition. 2
for suspension, cancellation or refusal to renew 3
Procedure
Clause20.(1) If the chief executive considers that reasonable grounds exist to 4
suspend, cancel or refuse to renew a licence (the "action"), the chief 5
executive must give the licensee a written notice (the "show cause notice") 6
that-- 7
(a) states the action proposed; and 8
(b) states the grounds for proposing to take the action; and 9
(c) outlines the facts and circumstances that form the basis for the 10
chief executive's belief; and 11
(d) if the chief executive proposes to suspend the licence--states the 12
proposed suspension period; and 13
(e) invites the licensee to show cause within a specified time, of not 14
less than 28 days, why the action proposed should not be taken. 15
(2) If, after considering all representations made within the specified 16
time, the chief executive still believes that grounds to take the action exist, 17
the chief executive may-- 18
(a) if the show cause notice was a notice of intention to suspend the 19
licence for a specified period--suspend the licence for a period 20
not longer than the specified period; or 21
(b) if the show cause notice was a notice of intention to cancel the 22
licence-- 23
(i) cancel the licence; or 24
(ii) suspend the licence for a period; or 25
(c) if the show cause notice was a notice of intention not to renew the 26
license-- 27
(i) refuse to renew the licence; or 28
(ii) refuse to renew the license for a period. 29
(3) The chief executive must inform the licensee of the decision by 30
written notice. 31
19
Security Providers
(4) If the chief executive decides to cancel, suspend or refuse to renew 1
the licence, the notice must state-- 2
(a) the reasons for the decision; and 3
(b) that the licensee may appeal against the decision within 28 days to 4
a Magistrates Court. 5
(5) The decision takes effect on the later of the following-- 6
(a) the day on which the notice is given to the licensee; 7
(b) the day specified in the notice. 8
of suspended or cancelled licence 9
Return
If the chief executive cancels or suspends a person's licence, 10
Clause21.(1)
the chief executive may give the person a written notice requiring the person 11
to return the licence as specified within a specified period, of not less than 12
14 days. 13
(2) The person must comply with the notice, unless the person has a 14
reasonable excuse not to comply with it. 15
Maximum penalty--20 penalty units. 16
(3) If a licence returned to the chief executive is still current at the end of 17
the suspension period, the chief executive must return the licence to the 18
licensee. 19
cancellation on conviction 20
Automatic
If a licensee is convicted of a disqualifying offence, the 21
Clause22.(1)
licensee's licence is cancelled. 22
(2) The licensee must return the licence to the chief executive within 14 23
days after the conviction. 24
Maximum penalty for subsection (2)--20 penalty units. 25
licences 26
Replacement
Clause23.(1) A licensee may apply to the chief executive for the replacement 27
of a lost, stolen or destroyed licence. 28
20
Security Providers
(2) The chief executive must consider each application and either-- 1
(a) replace the licence; or 2
(b) refuse to replace the licence. 3
(3) If the chief executive is satisfied that the licence has been lost, stolen 4
or destroyed, the chief executive must replace the licence. 5
(4) If the chief executive decides to refuse to replace the licence, the chief 6
executive must give the applicant a written notice stating-- 7
(a) the decision; and 8
(b) the reasons for the decision; and 9
(c) that the applicant may appeal against the decision within 28 days 10
to a Magistrates Court. 11
to appeal to the Court 12
Right
An applicant for a licence may appeal against the chief 13
Clause24.(1)
executive's decision to refuse to grant the licence. 14
(2) A licensee may appeal against a decision of the chief executive-- 15
(a) to impose a condition on a licence; or 16
(b) to amend a condition on a licence; or 17
(c) to suspend or cancel a licence; or 18
(d) to refuse to renew a licence; or 19
(e) to refuse to replace a licence. 20
(3) The appeal may be made to the Magistrates Court nearest the place 21
where the applicant or licensee resides or carries on, or proposes to carry 22
on, business or employment under the licence. 23
to start appeal 24
How
Clause25.(1) An appeal is started by-- 25
(a) filing a written notice of appeal with the clerk of the court of the 26
Magistrates Court; and 27
(b) serving a copy of the notice on the chief executive. 28
21
Security Providers
(2) The notice of appeal must be filed within 28 days after the appellant 1
receives notice of the decision appealed against. 2
(3) The Court may at any time extend the period for filing the notice of 3
appeal. 4
(4) The notice of appeal must state the grounds of the appeal. 5
of operation of decisions 6
Stay
The Court has power to grant a stay of a decision appealed 7
Clause26.(1)
against for the purpose of securing the effectiveness of the appeal. 8
(2) A stay-- 9
(a) may be granted on conditions that the Court considers 10
appropriate; and 11
(b) has effect for the period specified by the Court; and 12
(c) may be revoked or amended by the Court. 13
(3) The period of a stay specified by the Court must not extend past the 14
time when the Court decides the appeal. 15
(4) An appeal against a decision does not affect the operation or carrying 16
out of the decision unless the decision is stayed. 17
procedures 18
Hearing
The power under the Magistrates Courts Act 1921 to make 19
Clause27.(1)
rules for Magistrates Courts includes power to make rules for appeals to 20
Magistrates Courts under this Act. 21
(2) The procedure for an appeal to a Magistrates Court under this Act is 22
to be in accordance with-- 23
(a) the rules made under the Magistrates Courts Act 1921; or 24
(b) in the absence of relevant rules--directions of the Court. 25
(3) An appeal is to be by way of rehearing, unaffected by the chief 26
executive's decision. 27
(4) In deciding an appeal, the Court-- 28
(a) is not bound by the rules of evidence; and 29
22
Security Providers
(b) must observe natural justice; and 1
(c) may hear the appeal in court or chambers. 2
of Court on appeal 3
Powers
Clause28.(1) In deciding an appeal, the Court may-- 4
(a) confirm the decision appealed against; or 5
(b) set aside the decision and substitute another decision; or 6
(c) set aside the decision and return the matter to the chief executive 7
with directions that the Court considers appropriate. 8
(2) In substituting another decision, the Court has the same powers as the 9
chief executive. 10
Example-- 11
The Court may decide that an unsuccessful applicant for a licence be 12
granted the licence either unconditionally or on particular conditions. 13
(3) If the Court substitutes another decision, the substituted decision is 14
taken, for the purposes of this Act, to be the chief executive's decision. 15
to District Court on questions of law only 16
Appeal
A party aggrieved by the decision of the Court may appeal to a 17
Clause29.
District Court, but only on a question of law. 18
ART 3--INSPECTORS 19
P
of inspectors 20
Appointment
The chief executive may appoint an officer of the public 21
Clause30.(1)
service to be an inspector. 22
(2) The chief executive may appoint a person to be an inspector only if-- 23
(a) the chief executive believes that the person has the necessary 24
expertise or experience to be an inspector; or 25
23
Security Providers
(b) the person has satisfactorily completed a course of training 1
approved by the chief executive. 2
(3) The chief executive may limit the powers of an inspector by stating 3
conditions in the instrument of appointment. 4
identity card 5
Inspector's
The chief executive must issue an identity card to each 6
Clause31.(1)
inspector. 7
(2) The identity card must-- 8
(a) contain a recent photograph of the inspector; and 9
(b) be signed by the inspector. 10
(3) A person who stops being an inspector must return the identity card 11
to the chief executive as soon as practicable after stopping to be an 12
inspector, unless the person has a reasonable excuse for not returning it. 13
Maximum penalty for subsection (3)--20 penalty units. 14
of inspector's identity card 15
Production
An inspector may exercise a power under this Act in relation 16
Clause32.(1)
to a person only if the inspector first produces or displays the inspector's 17
identity card for inspection by the person. 18
(2) If, for any reason, it is not practicable to comply with subsection (1), 19
the inspector must produce the identity card for inspection by the person at 20
the first reasonable opportunity. 21
of place by inspector 22
Entry
Clause33. An inspector may enter a place if-- 23
(a) the occupier of the place consents to the entry; or 24
(b) it is a public place and the entry is made when the place is open to 25
the public; or 26
(c) the entry is authorised by a warrant. 27
24
Security Providers
1
Warrants
An inspector may apply to a Magistrate for a warrant for a 2
Clause34.(1)
place. 3
(2) The application must-- 4
(a) be sworn; and 5
(b) set out the grounds on which the warrant is sought. 6
(3) The Magistrate may refuse to consider the application until the 7
inspector gives the Magistrate all the information that the Magistrate 8
requires about the application in the way that the Magistrate requires. 9
Example-- 10
The Magistrate may require that additional information supporting the 11
application be given by a statutory declaration 12
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 13
that there are reasonable grounds for suspecting that-- 14
(a) there is a particular thing (the "evidence") that may provide 15
evidence of the commission of an offence against this Act; and 16
(b) the evidence is, or may be within the next 7 days, at the place. 17
(5) The warrant must state-- 18
(a) that the inspector is authorised, with assistance and force that may 19
be necessary and reasonable-- 20
(i) to enter the place; and 21
(ii) to exercise the inspector's powers under this Act; and 22
(b) the evidence for which the warrant is issued; and 23
(c) the hours of the day when entry may be made; and 24
(d) the day (within 14 days after the warrant's issue) on which the 25
warrant stops having effect. 26
made otherwise than in person 27
Warrants--applications
An inspector may apply for a warrant by phone, fax, radio or 28
Clause35.(1)
another form of communication if the inspector considers it necessary 29
25
Security Providers
because of-- 1
(a) urgent circumstances; or 2
(b) other special circumstances, including, for example, the officer's 3
remote location. 4
(2) Before applying for the warrant, the inspector must prepare an 5
application that sets out the grounds on which the warrant is sought. 6
(3) The inspector may apply for the warrant before the application is 7
sworn. 8
(4) If the Magistrate issues the warrant and it is reasonably practicable to 9
fax a copy of it to the inspector, the Magistrate must immediately fax the 10
copy to the inspector. 11
(5) If the Magistrate issues the warrant but it is not reasonably practicable 12
to fax a copy of it to the inspector-- 13
(a) the Magistrate must-- 14
(i) tell the inspector what the terms of the warrant are; and 15
(ii) tell the inspector the date and time the warrant was signed; 16
and 17
(iii) record the reasons for issuing the warrant on the warrant; 18
and 19
(b) the inspector must-- 20
(i) complete a form of warrant in the same terms as the warrant 21
issued by the Magistrate; and 22
(ii) write on the warrant form the name of the Magistrate and the 23
date and time the Magistrate signed the warrant. 24
(6) The facsimile warrant, or the warrant form properly completed by the 25
inspector, is authority for the entry and the exercise of the other powers 26
authorised by the warrant issued by the Magistrate. 27
(7) The inspector must send to the Magistrate-- 28
(a) the sworn application; and 29
(b) if a warrant form was completed by the inspector--the completed 30
warrant form. 31
26
Security Providers
(8) The sworn application and any completed warrant form must be sent 1
to the Magistrate at the earliest practicable opportunity. 2
(9) On receipt of the application and any warrant form, the Magistrate 3
must attach them to the warrant issued by the Magistrate. 4
(10) If-- 5
(a) it is material for a court to be satisfied that the exercise of a power 6
was authorised by a warrant issued under this section; and 7
(b) the warrant is not produced in evidence; 8
the court must assume the exercise of power was not authorised by a 9
warrant, unless the contrary is proved. 10
general powers in a place 11
Inspector's
After entering a place under section 33 (Entry of place by 12
Clause36.(1)
inspector), an inspector may exercise a power mentioned in subsection (2) 13
only if-- 14
(a) the occupier of the place consents to the exercise of the power; or 15
(b) the entry was authorised by a warrant. 16
(2) The inspector may-- 17
(a) search any part of the place; or 18
(b) if entry was authorised by a warrant--seize the evidence for 19
which the warrant was issued; or 20
(c) in any case--seize a thing if the inspector believes on reasonable 21
grounds that-- 22
(i) the thing is evidence of the commission of an offence 23
against this Act; and 24
(ii) the seizure is necessary to prevent-- 25
(A) the concealment, loss or destruction of the thing; or 26
(B) the use of the thing in committing, continuing or 27
repeating an offence against this Act; or 28
(d) inspect, examine, photograph or film anything in or on the place; 29
or 30
27
Security Providers
(e) take extracts from, or make copies of, any documents in or on the 1
place; or 2
(f) take into or onto the place any person, equipment and materials 3
that the inspector reasonably requires for the purpose of 4
exercising any powers in relation to the place. 5
after thing seized 6
Procedure
As soon as practicable after a thing is seized by an inspector 7
Clause37.(1)
under section 36 (Inspector's general powers in a place), the inspector must 8
give a receipt for it to the person from whom it was seized. 9
(2) The inspector must allow a person who would be entitled to the 10
seized thing if it were not in the inspector's possession-- 11
(a) to inspect it; or 12
(b) if it is a document--to take extracts from it or make copies of it. 13
(3) The inspector must return the seized thing to the person at the end 14
of-- 15
(a) 6 months; or 16
(b) if a prosecution for an offence involving it is started within 6 17
months--the proceeding for the offence and any appeal from the 18
proceeding. 19
(4) Despite subsection (3), the inspector must return the seized thing to 20
the person if the inspector is satisfied that-- 21
(a) its retention as evidence is no longer necessary; and 22
(b) its return is not likely to result in its use in repeating the offence. 23
to require name and address 24
Power
An inspector may require a person to state the person's name 25
Clause38.(1)
and address if the inspector-- 26
(a) finds the person committing an offence against this Act; or 27
(b) finds the person in circumstances that lead, or has information 28
that leads, the inspector to suspect on reasonable grounds that the 29
28
Security Providers
person has recently committed an offence against this Act in the 1
vicinity. 2
(2) When making the requirement, the inspector must warn the person 3
that it is an offence to fail to state the person's name and address, unless the 4
person has a reasonable excuse. 5
(3) The inspector may require the person to give evidence of the 6
correctness of the person's name or address if the inspector suspects, on 7
reasonable grounds, that the name or address given is false. 8
(4) A person must comply with an inspector's requirement under 9
subsection (1) or (2), unless the person has a reasonable excuse for not 10
complying with it. 11
Maximum penalty--60 penalty units. 12
(5) The person does not commit an offence against this section if-- 13
(a) the inspector required the person to state the person's name and 14
address on suspicion of the person having committed an offence 15
against this Act; and 16
(b) the person is not proved to have committed the offence. 17
to require information from certain persons 18
Power
If an inspector suspects, on reasonable grounds, that a 19
Clause39.(1)
contravention of this Act has happened, the inspector may require any of the 20
following persons to give information about the contravention-- 21
(a) a person who was a security provider at a time relevant to the 22
contravention (a "relevant time"); 23
(b) a person who had directly or indirectly engaged a security 24
provider at a relevant time; 25
(c) a person who was an employee of a person mentioned in 26
paragraph (a) or (b) at a relevant time. 27
(2) When making the requirement, the inspector must warn the person 28
that it is an offence to fail to give the information, unless the person has a 29
reasonable excuse. 30
(3) The person must comply with the requirement, unless the person has 31
a reasonable excuse for not complying with it. 32
29
Security Providers
Maximum penalty--60 penalty units. 1
(4) It is a reasonable excuse for the person to fail to give information if 2
giving the information might tend to incriminate the person. 3
(5) The person does not commit an offence against this section if the 4
information sought by the inspector is not in fact relevant to the 5
contravention. 6
or misleading information 7
False
A person must not-- 8
Clause40.(1)
(a) state anything to an inspector that the person knows is false or 9
misleading in a material particular; or 10
(b) omit from a statement made to an inspector anything without 11
which the statement is, to the person's knowledge, misleading in 12
a material particular. 13
Maximum penalty--60 penalty units. 14
(2) A complaint against a person for an offence against subsection (1)(a) 15
or (b) is sufficient if it states the statement made was false or misleading to 16
the person's knowledge. 17
to require production of documents 18
Power
An inspector may require a person to produce a document 19
Clause41.(1)
required to be held or kept by the person under this Act to the inspector for 20
inspection. 21
(2) The person must produce the document, unless the person has a 22
reasonable excuse for not producing it. 23
Maximum penalty--60 penalty units. 24
(3) The inspector may keep a document that is produced-- 25
(a) to take an extract from the document; or 26
(b) to make a copy of the document. 27
(4) The inspector must return the document to the person as soon as 28
practicable after taking the extract or making the copy. 29
30
Security Providers
or misleading documents 1
False
Clause42.(1) A person must not give to the chief executive or an inspector a 2
document containing information the person knows is false, misleading or 3
incomplete in a material particular. 4
Maximum penalty--60 penalty units. 5
(2) Subsection (1) does not apply to a person who, when giving the 6
document-- 7
(a) informs the chief executive or inspector of the extent to which the 8
document is false, misleading or incomplete; and 9
(b) gives the correct information to the chief executive or inspector if 10
the person has, or can reasonably obtain, the correct information. 11
of inspectors 12
Obstruction
A person must not obstruct an inspector in the exercise of a 13
Clause43.
power, unless the person has a reasonable excuse. 14
Maximum penalty--60 penalty units. 15
16
Compensation
Clause44.(1) A person may claim compensation from the State if the person 17
incurs loss or expense because of the exercise or purported exercise of a 18
power under this Part. 19
(2) Payment of compensation may be claimed and ordered in a 20
proceeding for-- 21
(a) compensation brought in a court of competent jurisdiction; or 22
(b) an offence against this Act brought against the person making the 23
claim for compensation. 24
(3) A court may order the payment of compensation for the loss or 25
expense only if it is satisfied that it is just to make the order in the 26
circumstances of the particular case. 27
31
Security Providers
PART 4--GENERAL 1
to be worn by crowd controller 2
Identification
Clause45.(1) When acting as a crowd controller, a licensed crowd controller 3
must wear the identification prescribed by regulation so that it is clearly 4
visible. 5
Maximum penalty--20 penalty units. 6
(2) This section does not apply to a person who is only acting as a 7
bodyguard. 8
of information 9
Confidentiality
A person must not disclose, use or record information gained 10
Clause46.(1)
by the person through involvement in the administration of this Act. 11
Maximum penalty--20 penalty units. 12
(2) Subsection (1) does not apply to-- 13
(a) an act done for the purposes of this Act; or 14
(b) disclosure of information to the Commissioner; or 15
(c) disclosure of information ordered by a court or tribunal for a 16
proceeding before it; or 17
(d) disclosure of information under a regulation or another Act. 18
(3) A person gains information through involvement in the 19
administration of this Act if the person gains the information in the course 20
of, or because of an opportunity provided by, the involvement. 21
(4) The following persons are taken to be involved in the administration 22
of this Act-- 23
(a) the chief executive; 24
(b) officers and employees of the department; 25
(c) inspectors. 26
32
Security Providers
from liability 1
Protection
Clause47.(1) In this section-- 2
"official" means-- 3
(a) the chief executive; or 4
(b) an inspector; or 5
(c) a person acting under the direction of an inspector. 6
(2) An official does not incur civil liability for an act or omission done 7
honestly and without negligence under this Act.2 8
(3) A liability that would, apart from this section, attach to an official 9
attaches instead to the State. 10
are summary offences 11
Offences
Clause48. An offence against this Act is a summary offence. 12
provisions 13
Evidentiary
Clause49.(1) This section applies to any proceeding under this Act. 14
(2) Unless a party, by reasonable notice, requires proof of-- 15
(a) the appointment of an inspector; or 16
(b) the authority of an inspector to do anything under this Act; 17
the appointment or authority must be presumed. 18
(3) A signature purporting to be the signature of the chief executive or an 19
inspector is evidence of the signature it purports to be. 20
(4) A certificate purporting to be signed by the chief executive and stating 21
any of the following matters is evidence of the matter-- 22
(a) that a specified document is a licence or copy of a licence issued 23
under this Act; 24
(b) that on a specified day, or during a specified period, a person was 25
2 "Under" includes `for the purposes of'. See section 36 of the Acts Interpretation
Act 1954.
33
Security Providers
or was not a licensee or a specified type of licensee; 1
(c) that a licence-- 2
(i) was or was not issued for a specified term; or 3
(ii) was or was not in force on a specified day or during a 4
specified period; or 5
(iii) was or was not subject to conditions or a specified condition; 6
(d) that a document is a copy of a record kept under this Act. 7
by chief executive 8
Delegation
The chief executive may delegate the chief executive's powers 9
Clause50.
under this Act to an officer of the department. 10
forms 11
Approved
The chief executive may approve a form for the purposes of 12
Clause51.(1)
this Act. 13
(2) If the chief executive approves a form for a purpose, the form must 14
be used for the purpose. 15
(3) A person may request the chief executive to give the person an 16
approved form. 17
(4) The chief executive must promptly comply with the request. 18
19
Regulations
The Governor in Council may make regulations for the 20
Clause52.(1)
purposes of this Act. 21
(2) A regulation may be made-- 22
(a) providing that a security provider need not hold the appropriate 23
licence for a specified type of activity, event or place, despite 24
section 8; or 25
(b) authorising the chief executive to approve that a crowd controller 26
or security officer need not hold the appropriate licence for a 27
specified activity, event or place, despite section 8; or 28
34
Security Providers
(c) setting the fees payable under this Act; or 1
(d) prescribing offences for contraventions of a regulation and fixing 2
a maximum penalty of not more than 20 penalty units for a 3
contravention; or 4
(e) regulating the conduct of security providers. 5
ART 5--TRANSITIONAL PROVISIONS 6
P
7
Definitions
In this Part-- 8
Clause53.
"crowd control functions" means the functions of a crowd controller 9
stated in section 5; 10
"private inquiry licence" means a private inquiry agent's licence or a 11
subagent's licence under the Invasion of Privacy Act 1971 that was in 12
force immediately before the commencement of this Act; 13
"private investigator functions" means the functions of a private 14
investigator stated in section 6; 15
"security officer functions" means the functions of a security officer 16
stated in section 7. 17
applications may proceed under this Act 18
Pending
Clause54.(1) If an application for a private inquiry agent's licence, properly 19
made under the Invasion of Privacy Act 1971, was pending immediately 20
before the commencement of this Act, the application becomes an 21
application properly made under section 9. 22
(2) The application is taken to be an application for-- 23
(a) if the functions proposed to be carried out are crowd control 24
functions--a crowd controller's licence; or 25
(b) if the functions proposed to be carried out are private investigator 26
functions--a private investigator's licence; or 27
35
Security Providers
(c) if the functions proposed to be carried out are security officer 1
functions--a security officer's licence. 2
to licensing under this Act 3
Transition
(1) Despite section 10, if a person was the holder of a private 4
Clause55.
inquiry licence immediately before the commencement of this Act, on the 5
commencement of this Act the licence is taken to be-- 6
(a) if the person was carrying out crowd control functions--a crowd 7
controller's licence; or 8
(b) if the person was carrying out private investigator functions--a 9
private investigator's licence; or 10
(c) if the person was carrying out security officer functions--a 11
security officer's licence. 12
(2) The licence is taken to have been granted under this Act on the day it 13
was granted under the Invasion of Privacy Act 1971 and ends 1 year from 14
that day. 15
(3) For the purposes of renewals of the licence under section 18, the 16
criminal history of the person before the licence was granted or last renewed 17
under the Invasion of Privacy Act 1971 must be disregarded. 18
(4) If the chief executive decides to renew the licence, the chief executive 19
must issue an appropriate licence under this Act to the licensee. 20
(5) Despite section 8, if a person was lawfully engaged or employed in 21
carrying out crowd control functions immediately before the 22
commencement of this Act, the person may continue to be engaged or 23
employed in carrying out the same functions for 6 months after the 24
commencement without the appropriate licence. 25
of Part 26
Expiry
Clause56. This Part expires 1 year after the commencement of this Act. 27
36
Security Providers
ART 6--AMENDMENT OF INVASION OF 1
P
PRIVACY ACT 1971 2
Act 3
Amended
The Invasion of Privacy Act 1971 is amended as set out in this 4
Clause57.
Part. 5
of long title 6
Amendment
Clause58. Long title-- 7
omit `and Private Inquiry Agents'. 8
of s.4 (Interpretation) 9
Amendment
Section 4 (definitions "approved", "inspector", "licence", 10
Clause59.(1)
"licensed private inquiry agent", "licensed subagent", "licensee", 11
"private inquiry agent", "private inquiry agent's licence", "registered 12
address", "registrar", "related corporation", "subagent" and 13
"subagent's licence")-- 14
omit. 15
(2) Section 4-- 16
insert-- 17
` "chief executive" means the chief executive of the department;3 18
"Commissioner" means the Commissioner of the Police Service; 19
"inspector" means a person who is appointed under section 5 as an 20
inspector; 21
"licence" means a credit reporting agent's licence; 22
"registered address" of a licensee means the address recorded in the 23
register as the licensee's address;'. 24
3 Section 48B allows the chief executive to delegate the chief executive's powers.
37
Security Providers
of Part 2 heading (Administration) 1
Replacement
Clause60. Part 2, heading-- 2
omit, insert-- 3
`PART 2--INSPECTORS'. 4
of ss.5 and 6 5
Replacement
61. Sections 5 and 6-- 6
omit, insert-- 7
of inspectors 8
`Appointment
`5.(1) The chief executive may appoint an officer of the public service to 9
be an inspector. 10
`(2) The chief executive may appoint a person to be an inspector only 11
if-- 12
(a) the chief executive believes that the person has the necessary 13
expertise or experience to be an inspector; or 14
(b) the person has satisfactorily completed a course of training 15
approved by the chief executive. 16
`(3) The chief executive may limit the powers of an inspector by stating 17
conditions in the instrument of appointment. 18
identity card 19
`Inspector's
`6.(1) The chief executive must issue an identity card to each inspector. 20
`(2) The identity card must-- 21
(a) contain a recent photograph of the inspector; and 22
(b) be signed by the inspector. 23
`(3) A person who stops being an inspector must return the identity card 24
to the chief executive as soon as practicable after stopping to be an 25
inspector, unless the person has a reasonable excuse for not returning it. 26
Maximum penalty for subsection (3)--20 penalty units. 27
38
Security Providers
of inspector's identity card 1
`Production
`6A.(1) An inspector may exercise a power under this Act in relation to a 2
person only if the inspector first produces or displays the inspector's 3
identity card for inspection by the person. 4
`(2) If, for any reason, it is not practicable to comply with subsection (1), 5
the inspector must produce the identity card for inspection by the person at 6
the first reasonable opportunity.'. 7
of Part 3 heading (Credit reporting agents and private 8
Replacement
inquiry agents) 9
Clause62. Part 3, heading-- 10
omit, insert-- 11
`PART 3--CREDIT REPORTING AGENTS'. 12
of s.8 (Unlicensed person not to act as credit reporting 13
Amendment
agent, private inquiry agent or subagent) 14
Clause63.(1) Section 8, heading-- 15
omit, insert-- 16
`Credit reporting agent must be licensed'. 17
(2) Section 8(1) (at the end)-- 18
insert-- 19
`Maximum penalty--6 penalty units or imprisonment for 3 months.'. 20
(3) Section 8(2) to (5)-- 21
omit. 22
of s.9 (Application for licence or renewal) 23
Amendment
Section 9-- 24
Clause64.(1)
omit `Registrar', insert `chief executive'. 25
39
Security Providers
(2) Section 9(3) (second sentence)-- 1
omit `of Police'. 2
of s.10 (Grant of licence) 3
Amendment
Clause65.(1) Section 10(1), (2), (4), (5) and (10)-- 4
omit `Registrar', insert `chief executive'. 5
(2) Section 10(1)-- 6
omit `of Police'. 7
(3) After section 10(3)-- 8
insert-- 9
`Maximum penalty--60 penalty units.'. 10
(4) Section 10(6)-- 11
omit `form prescribed', insert `approved form'. 12
(5) Section 10(8)-- 13
omit, insert-- 14
`(8) Subject to this Part, a licence is renewed for a period of 1 year.'. 15
(6) Section 10(9)-- 16
omit, insert-- 17
`(9) A licence must not be granted to an individual who is a minor.'. 18
(7) Section 10(9)(b)-- 19
omit. 20
of s.11 (Restoration of licence) 21
Amendment
Clause66. Section 11(2), (4) and (5)-- 22
omit `Registrar', insert `chief executive'. 23
40
Security Providers
of s.12 (Variation of licence) 1
Amendment
Clause67. Section 12(1) and (2)-- 2
omit `Registrar', insert `chief executive'. 3
of s.13 (Cancellation of licence) 4
Amendment
Clause68. Section 13(1), (3), (4), (5) and (6)-- 5
omit `Registrar', insert `chief executive'. 6
of s.14 (Appeal) 7
Amendment
Section 14-- 8
Clause69.(1)
omit `Registrar', insert `chief executive'. 9
(2) Section 14-- 10
omit `Registrar's', insert `chief executive's'. 11
of s.15 (Registers) 12
Amendment
Section 15-- 13
Clause70.
omit `Registrar', insert `chief executive'. 14
of s.18 (Information to be disclosed by credit reporting 15
Amendment
agent) 16
Section 18(7)(b)-- 17
Clause71.
omit `telephone trunk call', insert `STD telephone call'. 18
of s.19 (Obtaining information falsely) 19
Amendment
Clause72. Section 19 (all words after `offence')-- 20
omit, insert-- 21
`Maximum penalty--100 penalty units or imprisonment for 5 years.'. 22
41
Security Providers
of s.20 (Unauthorized disclosure) 1
Amendment
Clause73. Section 20 (all words after `offence')-- 2
omit, insert-- 3
`Maximum penalty--100 penalty units or imprisonment for 5 years.'. 4
of s.21 (Supply of false information) 5
Amendment
Clause74. Section 21 (all words after `offence')-- 6
omit, insert-- 7
`Maximum penalty--100 penalty units or imprisonment for 5 years.'. 8
of s.22 (Falsifying records or credit report) 9
Amendment
Clause75. Section 22 (all words after `offence')-- 10
omit, insert-- 11
`Maximum penalty--100 penalty units or imprisonment for 5 years.'. 12
of s.25 (Demanding payment by threats) 13
Amendment
Section 25-- 14
Clause76.
omit all words from`offence' to `imprisonment:', 15
insert-- 16
`Maximum penalty--20 penalty units or imprisonment for 1 year.'. 17
of Part 3, Division 3 (Private Inquiry Agents) 18
Omission
Part 3, Division 3-- 19
Clause77.
omit. 20
of s.35 (Licensees not to assume additional powers) 21
Omission
Section 35-- 22
Clause78.
omit. 23
42
Security Providers
of s.36 (Registered addresses) 1
Amendment
Section 36(1)-- 2
Clause79.(1)
omit, insert-- 3
`36.(1) A licensed credit reporting agent must have a registered address 4
in Queensland to which notices may be sent.'. 5
(2) Section 36(2)-- 6
omit `Registrar', insert `chief executive'. 7
(3) Section 36(3)-- 8
omit, insert-- 9
`Maximum penalty for subsection (2)--10 penalty units.'. 10
of s.37 (Production of licence) 11
Replacement
Section 37-- 12
Clause80.
omit, insert-- 13
of licence 14
`Production
`37. A licensee must produce the licensee's licence for inspection on the 15
request of-- 16
(a) an inspector; or 17
(b) a police officer; or 18
(c) a person with whom the licensee is dealing in the course of the 19
licensee's business. 20
Maximum penalty--10 penalty units.'. 21
of s.38 (Surrender of licence) 22
Amendment
Section 38-- 23
Clause81.
omit `Registrar', insert `chief executive'. 24
43
Security Providers
of s.39 (Licensee not to lend licence) 1
Replacement
Section 39-- 2
Clause82.
omit, insert-- 3
cancellation of licence 4
`Automatic
`39.(1) A licensee must not allow a person to use the licensee's licence in 5
order to falsely hold out that the person is licensed. 6
Maximum penalty--10 penalty units. 7
`(2) A licence is cancelled on the licensee's conviction of an offence 8
against subsection (1).'. 9
of s. 43 (Prohibition on use of listening devices) 10
Amendment
Clause83.(1) Section 43(1) (all words after `indictment')-- 11
omit, insert-- 12
`to a maximum penalty of 40 penalty units or imprisonment for 2 years'. 13
(2) Section 43(2)(c)(i)(A) and (B)-- 14
omit `of Police'. 15
(3) Section 43(2)(c)(ii)-- 16
omit `and Excise', 17
insert `under the Customs Act 1901 of the Commonwealth'. 18
(4) Section 43(5)-- 19
omit `of Police'. 20
(5) Section 43(5)-- 21
omit `Registrar', insert `chief executive'. 22
(6) Section 43(5)(c)-- 23
omit `member of the police force', insert `police officer'. 24
(7) Section 43(8)-- 25
omit `$1,000', insert `20 penalty units'. 26
44
Security Providers
(8) Section 43(8)-- 1
omit `member of the police force', insert `police officer'. 2
of s.44 (Prohibition on communication or publication of 3
Amendment
private conversations unlawfully listened to) 4
Clause84. Section 44(1) (all words after `indictment')-- 5
omit, insert-- 6
`to a maximum penalty of 40 penalty units or imprisonment for 2 years'. 7
of s.45 (Prohibition on communication or publication of 8
Amendment
private conversations by parties thereto) 9
Clause85. Section 45(1) (all words after `indictment')-- 10
omit, insert-- 11
`to a maximum penalty of 40 penalty units or imprisonment for 2 years'. 12
of s.46 (Inadmissibility of evidence of private 13
Amendment
conversations when unlawfully obtained) 14
86. Section 46 (at the end)-- 15
insert-- 16
`Maximum penalty--10 penalty units.'. 17
of s.47 (Destruction of irrelevant records made by the use 18
Amendment
of a listening device) 19
Section 47-- 20
Clause87.
omit `of Police'. 21
of s.48 (Advertising listening devices prohibited) 22
Amendment
Clause88. Section 48 (all words after `offence')-- 23
45
Security Providers
omit, insert-- 1
`Maximum penalty--20 penalty units or imprisonment for 1 year.'. 2
of s.48A (Unlawful entry of dwelling-houses) 3
Amendment
Clause89.(1) Section 48A(1)(a) (all words after `offence')-- 4
omit, insert-- 5
`Maximum penalty--20 penalty units or imprisonment for 1 year.'. 6
(2) Section 48A(1)(b) (all words after `owner')-- 7
omit, insert-- 8
`Maximum penalty--30 penalty units or imprisonment for 18 months.'. 9
(3) Section 48A(3)(a) (all words after `offence')-- 10
omit, insert-- 11
`Maximum penalty--20 penalty units or imprisonment for 1 year.'. 12
(4) Section 48A(6) and (8) to (10)-- 13
omit. 14
of new s.48B (Delegation by chief executive) 15
Insertion
Clause90. Before section 49 (in Part 5)-- 16
insert-- 17
by chief executive 18
`Delegation
`48B. The chief executive may delegate the chief executive's powers 19
under this Act to an officer of the department.'. 20
of s.49 (Offences and penalty) 21
Amendment
Section 49(1)-- 22
Clause91.
omit `$500', insert `10 penalty units'. 23
46
Security Providers
of s.50 (Proceedings how and when taken) 1
Amendment
Section 50(1)-- 2
Clause92.
omit. 3
of s.51A (Indemnity to Minister and other persons) 4
Amendment
Section 51A-- 5
Clause93.
omit, insert-- 6
from liability 7
`Protection
`51A.(1) In this section-- 8
"official" means-- 9
(a) the Minister; or 10
(b) the Commissioner; or 11
(c) the chief executive; or 12
(d) an inspector; or 13
(e) a police officer; or 14
(f) a person acting under the direction of an inspector or a police 15
officer. 16
`(2) An official does not incur civil liability for an act or omission done 17
honestly and without negligence under this Act.4 18
`(3) A liability that would, apart from this section, attach to an official 19
attaches instead to the State.'. 20
of s.51B (Delegations) 21
Omission
Section 51B-- 22
Clause94.
omit. 23
4 "Under" includes `for the purposes of'. See section 36 of the Acts Interpretation
Act 1954.
47
Security Providers
of s.52 (Regulations) 1
Amendment
Section 52-- 2
Clause95.
omit, insert-- 3
`Regulations 4
`52.(1) The Governor in Council may make regulations for the purposes 5
of this Act. 6
`(2) A regulation may be made with respect to-- 7
(a) fees payable under this Act; or 8
(b) applications to the chief executive; or 9
(c) registration of licences, refusals, renewals, variations, 10
cancellations, restorations, surrenders or any other matters 11
requiring registration under this Act; or 12
(d) records to be kept by licensees and the way the records are to be 13
kept; or 14
(e) information that may or may not be contained in a credit report; 15
or 16
(f) returns and information that a licensee is required to give to the 17
chief executive; or 18
(g) exemption from compliance with provisions of this Act.'. 19
PART 7--AMENDMENT OF CRIMINAL LAW 20
(REHABILITATION OF OFFENDERS) ACT 1986 21
Act 22
Amended
The Criminal Law (Rehabilitation of Offenders) Act 1986 is 23
Clause96.
amended as set out in this Part. 24
48
Security Providers
of s.4 (Construction of Act) 1
Amendment
Section 4(2)-- 2
Clause97.
omit `declared by Order in Council', insert `prescribed by regulation'. 3
of s.7 (S.6 not applicable in certain cases) 4
Amendment
Section 7(1)(d)-- 5
Clause98.(1)
omit `Libraries Act 1943-1979', 6
insert `Libraries and Archives Act 1988'. 7
(2) Section 7(2)(a)-- 8
omit `force', insert `service'. 9
(3) Section 7(2)(b) and (c)-- 10
omit `Police Force of Queensland', insert `Police Service'. 11
(4) Section 7(2)(b)-- 12
omit `police department of Queensland', 13
insert `department that deals with police services'. 14
of s.9A (Disclosure of particulars in special cases) 15
Amendment
Clause99.(1) Section 9A(1), table-- 16
omit `Member of the Police Force of Queensland', 17
insert `police officer'. 18
(2) Section 9A(1), table-- 19
omit `Education Act 1964-1984', 20
insert `Education (Teacher Registration) Act 1988'. 21
(3) Section 9A(1), table-- 22
omit `permanent head for the purposes of', 23
insert `chief executive of the department that deals with matters arising 24
under'. 25
(4) Section 9A(1), table (at the end)-- 26
49
Security Providers
insert-- 1
`Security provider within the Contraventions of any law, 2
meaning of the Security Providers whether committed in Queensland 3
Act 1993 or elsewhere'.
(5) Section 9A(2)-- 4
omit `Commissioner of Police', 5
insert `Commissioner of the Police Service'. 6
of s.12 (Offence provision) 7
Amendment
Section 12(1)-- 8
Clause100.
omit `a penalty not exceeding $5 000', 9
insert `maximum penalty of 100 penalty units'. 10
of s.13 (Regulations) 11
Replacement
Section 13-- 12
Clause101.
omit, insert-- 13
14
`Regulations
`13.(1) The Governor in Council may make regulations for the purposes 15
of this Act. 16
`(2) A regulation may prescribe fees payable for the purposes of the 17
Act.'. 18
19
50
Security Providers
CHEDULE 1
¡S
DISQUALIFYING OFFENCE PROVISIONS UNDER 2
THE CRIMINAL CODE 3
section 3 4
1. Chapter 22 (Offences against morality) 5
2. Section 305 (Punishment of murder) 6
3. Section 306 (Attempt to murder) 7
4. Section 307 (Accessory after the fact to murder) 8
5. Section 308 (Written threats to murder) 9
6. Section 309 (Conspiracy to murder) 10
7. Section 310 (Punishment of manslaughter) 11
8. Sections 315 (Disabling in order to commit indictable offence) 12
9. Section 316 (Stupefying in order to commit indictable offence) 13
10. Section 317 (Acts intended to cause grievous bodily harm or prevent 14
apprehension) 15
11. Section 317A (Taking or sending dangerous goods on aircraft) 16
12. Section 318 (Preventing escape from wreck) 17
13. Section 319 (Intentionally endangering safety of persons travelling by 18
railway) 19
14. Section 319A (Endangering safety of persons travelling by aircraft) 20
15. Section 320 (Grievous bodily harm) 21
16. Section 321 (Attempting to injure by explosive substances) 22
17. Section 322 (Maliciously administering poison with intent to harm) 23
18. Section 323 (Wounding and similar acts) 24
19. Section 327 (Setting man-traps) 25
51
Security Providers
SCHEDULE (continued)
20. Section 329 (Endangering safety of person travelling by railway) 1
21. Chapter 30 (Assaults) 2
22. Section 343A (Assaults occasioning bodily harm) 3
23. Section 344 (Aggravated assaults) 4
24. Chapter 32 (Assaults on females--Abduction) 5
25. Chapter 33 (Offences against liberty) 6
26. Chapter 36 (Stealing) 7
27. Chapter 37 (Offences analogous to stealing) 8
28. Chapter 38 (Stealing with violence--Extortion by threats) 9
29. Chapter 39 (Burglary--Housebreaking and like offences) 10
30. Chapter 40 (Obtaining property by false pretences--Cheating) 11
31. Chapter 41 (Receiving stolen or fraudulently obtained and like 12
offences) 13
32. Chapter 42 (Frauds by trustees and officers of companies and 14
corporations--false accounting) 15
33. Chapter 42A (Secret commissions) 16
34. Chapter 46 (Offences) 17
35. Chapter 49 (Punishment of forgery and like offences) 18
36. Chapter 52 (Personation) 19
37. Chapter 56 (Conspiracy) 20
21
© State of Queensland 1993
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