SECURITY INDUSTRY ACT 1997 - As at 30 October 2023 - Act 157 of 1997

Table of Provisions

• 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
• 6AA Exemptions by Commissioner
• 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 (Repealed)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
• 16B Prohibition from making application for licence
• 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 approved training, assessment and instruction
• 22 Form of licence
• 22A Special condition for provision of workers--master licences
• 23 Other special conditions--master licences
• 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, 23D. (Repealed)
• 23E Special conditions--class 1 licences
23F. (Repealed)
• 24 Term of licence
• 25 Suspension of licence
• 26 Revocation of licence
• 27 Variation of licence
• 27A Provision of approved training, assessment and instruction
28. (Repealed)

Division 4 - Review of licensing decisions

• 29 Right to seek administrative review from Civil and Administrative Tribunal

PART 3 - MISCELLANEOUS OFFENCES RELATING TO LICENCES

• 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 Prescribed work
• 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. (Repealed)
• 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

Division 3 - General

• 39R Provisions relating to requirements to furnish records or information or answer questions

PART 3C - OTHER OFFENCES

• 39S Offence of obstructing enforcement officer
• 39T Offence of failing to comply with requirement of enforcement officer
• 39U Offence of altering, damaging or destroying records and other things
• 39V Offence of providing false or misleading information
• 39W Offence of conspiring to commit offence
• 39X Offence of inducing commission of offence

PART 3D - PUBLICATION OF INFORMATION ABOUT OFFENCES

• 39Y Commissioner may make information publicly available
• 39Z Information that may be made publicly available
• 39ZA When information may be made publicly available

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
• 44A Maximum monetary penalty reduced for master licence class MA or MB
• 45 Proceedings for offences
• 45A Penalty notices
• 46 Service of documents
• 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