Contents (1997 - 157)
Security Industry Act 1997 No 157
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions
4 Carrying on a “security activity”
5 Meaning of “close associate”
6 Application of Act
6A Application of Commonwealth National Vocational Education and Training Regulator Act 2011

Part 2 Licences

Division 1 Requirement for licence

7 Offence of carrying on unauthorised security activities
8 Licences do not confer additional powers

Division 2 Licence classification

9 Classes of licences
10 Master licences
11 Class 1 licences
12 Class 2 licences
12A, 13 (Repealed)

Division 3 Licensing procedures and criteria

14 Application for licence
15 Restrictions on granting licence—general suitability criteria
16 Restrictions on granting licence—criminal and other related history
16A Restrictions on granting licence—conflict of interest for police officers
17 Renewal of licence
18 Investigation of licence and renewal applications
19 Applications by serving and former police officers
20 Commissioner may require further information
21 Grant and conditions of licence and renewal of licence
21A Continuing training, assessment and instruction
22 Form of licence
23 Master licence—condition relating to provision of certain persons
23AA Special conditions—authority to carry firearms
23A Special conditions—uniforms must be worn when carrying firearms
23B Special conditions—storage of firearms in certain residential premises
23C (Repealed)
23D Special conditions—dog handling security services
23E Special conditions—class 1 licences
24 Term of licence
25 Suspension of licence
26 Revocation of licence
27 Variation of licence
28 (Repealed)

Division 4 Review of licensing decisions

29 Right to seek review from Administrative Decisions Tribunal

Part 3 Miscellaneous offences relating to licences

29A (Repealed)
29B Certain licensees must be employed by other licensees or visitor permit holders
30 Contravention of licence conditions
31 Surrender of suspended or revoked licence
32 Advertising
33 Misrepresentation and related offences
34 Abuse of authority conferred by licence
35 Licence to be produced on demand
36 Licence to be worn by licensee
37 Licensee not to sell or dispose of licence
38 Prohibition of delegation of functions
38A Prohibition on unauthorised subcontracting
38B (Repealed)
38C Rostering or scheduling of licensed persons to carry on security activities and monitoring of their performance
39 Master licensee not to provide unlicensed persons
39A Master licensee to submit any firearms for ballistics tests
39B Master licensee to have “fitness for work” policy

Part 3A Visitor permits

39C Special events
39D Visitor permits
39E Grant and authority conferred by visitor permit
39F Contravention of visitor permit conditions
39G Revocation of visitor permit
39H Visitor permit to be produced on demand

Part 3B Enforcement

Division 1 Powers of entry and search of premises

39I Powers of enforcement officers to enter premises without warrant
39J Powers of enforcement officers to enter premises with warrant
39K Powers that can be exercised by enforcement officers on entry
39L Obstruction
39M Identification of certain enforcement officers

Division 2 Power to obtain information or records

39N Application of Division
39O Requirement to provide information and records
39P Provisions relating to requirement under section 39O to furnish records
39Q Power of enforcement officers to require answers and record evidence

Part 4 Miscellaneous provisions

40 Power of court to suspend licence
40A Temporary excess provision of services permits
41 Payment of fees charged by unauthorised persons
42, 42A (Repealed)
43 Delegation by Commissioner
43A (Repealed)
44 Liability of directors etc for offences by corporation—accessory to the commission of the offences
45 Proceedings for offences
45A Penalty notices
46 Service of notices
47 Certificate and other evidence
48 Regulations
49 (Repealed)
50 Repeal of Security (Protection) Industry Act 1985 and Security (Protection) Industry Regulation 1995
51 Savings and transitional provisions
52 Review of Act

 Schedule 1 (Repealed)

 Schedule 2 Savings and transitional provisions

Historical notes