PRIVATE SECURITY ACT 2004
Table of Provisions
PART 1--PRELIMINARY
PART 2--OFFENCES
- 5 Offence to carry on the business of providing certain private security services without a private security business licence
- 6 Holding out offence—private security business licence
- 7 Offence to carry on certain activities without a private security individual operator licence
- 8 Holding out offence—private security individual operator licence
- 9 Offence to carry on the business of providing certain private security services without private security business registration
- 10 Holding out offence—private security business registration
- 11 Offence to carry on certain activities without private security individual operator registration
- 12 Holding out offence—private security individual operator registration
PART 3--LICENSING PRIVATE SECURITY OPERATORS
Division 1--General
- 13 Definitions
Division 2--Application for private security licence
- 14 Grant of private security business licence
- 15 Grant of private security individual operator licence
- 16 Application for licence
- 17 Additional particular requirements for licence applications
- 18 Applicant to advertise application
- 19 Consideration of application by Chief Commissioner
- 20 Power of Chief Commissioner to investigate application
- 21 Particular powers of Chief Commissioner relating to known information
- 23 Information and documents to be provided
- 24 Chief Commissioner may refuse to make a decision on an application for a licence
Division 3--Granting and renewal of private security licences
- 25 Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator licence
- 26 Circumstances in which the Chief Commissioner must refuse to grant a private security business licence
- 27 Notice that private security licence may be refused
- 28 Further consideration of application and convening of hearing
- 29 Refusal of private security licence
- 29A Refusal of private security licence on grounds of protected information
- 30 Application and licence fees
- 31 Chief Commissioner may impose conditions on licence
- 32 Failure to comply with licence condition
- 33 Licence granted on condition that training be completed
- 34 Duration of licences
- 35 Power of Chief Commissioner to renew licences
- 36 Application to renew a licence
- 37 Circumstances in which the Chief Commissioner must refuse to renew a licence
- 38 Sections 17 and 27 to 29 to apply as if application for renewal of licence is application for licence
- 39 Application and renewal fees
- 40 Chief Commissioner to issue licence documents
Division 4--Variation and requested cancellation of private security licences
- 41 Power of Chief Commissioner to vary licence on own motion
- 42 Application by holder of licence to vary licence to authorise additional activity
- 43 Application by holder of licence to vary or revoke a licence condition
- 44 Issue and surrender of licence document
- 45 Cancellation of licence or authority to carry on activity on licence holder's request
Division 5--Disciplinary proceedings
- 46 Definition
- 47 Immediate cancellation of private security licence
- 48 Complaints
- 49 Investigation of complaints
- 50 Power of Chief Commissioner to hold disciplinary inquiry
- 51 Interim suspension of licence or authority
- 52 Notice to licence holder who is the subject of a disciplinary inquiry
- 53 Further notice as to oral submissions
- 54 Procedures at oral hearing
- 55 Powers of Chief Commissioner at disciplinary inquiry
- 56 Actions Chief Commissioner may take at inquiry
- 57 Notice of Chief Commissioner's decision
- 58 When decision under section 56 takes effect
- 59 Surrender and issue of licence document upon cancellation or suspension
- 60 Inquiry not prevented by other proceedings
- 61 Court may cancel or suspend licence
- 62 Surrender of licence document
- 63 Return of licence document
- 63A Disclosure of cancellation or suspension of private security licence
Division 6--Temporary permits
- 64 Temporary interstate visitor permit to carry out activity
- 65 Temporary interstate visitor permit to carry on business of providing services
- 66 Temporary overseas bodyguard visitor permit
- 67 Overseas bodyguard with temporary interstate or Territory permit
- 68 Procedure for applications for permits
- 69 Fees for permits
- 70 Limitations and conditions on permits
PART 4--REGISTRATION OF PRIVATE SECURITY OPERATORS
Division 1--Application for private security registration
- 71 Grant of private security business registration
- 72 Grant of private security individual operator registration
- 73 Application for registration
- 74 Additional particular requirements for registration applications
- 75 Applicant to advertise application
- 76 Consideration of application by Chief Commissioner
- 77 Power of Chief Commissioner to investigate application
- 78 Particular powers of Chief Commissioner relating to known information
- 79 Particular powers of Chief Commissioner relating to fingerprinting
- 80 Information and documents to be provided
- 81 Chief Commissioner may refuse to make a decision on an application for a registration
Division 2--Granting and renewal of private security registrations
- 82 Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator registration
- 83 Circumstances in which the Chief Commissioner must refuse to grant a private security business registration
- 84 Notice that private security registration may be refused
- 85 Further consideration of application and convening of hearing
- 86 Refusal of private security registration
- 87 Application and registration fees
- 88 Chief Commissioner may impose conditions on registration
- 89 Failure to comply with registration condition
- 90 Duration of registration
- 91 Power of Chief Commissioner to renew registration
- 92 Application to renew registration
- 93 Circumstances in which the Chief Commissioner must refuse to renew registration
- 94 Sections 84 to 86 to apply as if application for renewal of registration is application for registration
- 95 Application and renewal fees
- 96 Chief Commissioner to issue registration documents
Division 3--Variation and requested cancellation of private security registrations
- 97 Power of the Chief Commissioner to vary registration
- 98 Application by holder of registration to vary registration to authorise additional activity
- 99 Application by holder of registration to vary a registration
- 100 Issue and surrender of registration document
- 101 Cancellation of registration or authority to carry on activity on registration holder's request
Division 4--Disciplinary proceedings
- 102 Definition
- 103 Complaints
- 104 Investigation of complaints
- 105 Power of Chief Commissioner to hold disciplinary inquiry
- 106 Interim suspension of registration or authority
- 107 Notice to registration holder who is the subject of a disciplinary inquiry
- 108 Further notice as to oral submissions
- 109 Procedures at oral hearing
- 110 Powers of Chief Commissioner at disciplinary inquiry
- 111 Actions Chief Commissioner may take at inquiry
- 112 Notice of Chief Commissioner's decision
- 113 When decision under section 111 takes effect
- 114 Surrender and issue of registration document upon cancellation or suspension
- 115 Inquiry not prevented by other proceedings
- 116 Court may cancel or suspend registration
- 117 Surrender of registration document
- 118 Return of registration document
- 118A Disclosure of cancellation or suspension of private security registration
Division 5--Temporary permits
- 119 Temporary interstate visitor permit to carry on activity
- 120 Temporary interstate visitor permit to carry on the business of providing services
- 121 Procedure for applications for permits
- 122 Fees for permits
- 123 Limitations and conditions on permits
PART 5--GENERAL PROVISIONS APPLYING TO LICENCES AND REGISTRATIONS
- 124 Nominated person of body corporate
- 125 Duplicate licence or registration document
- 126 Business name
- 127 No entitlement to fees etc. unless licensed or registered
- 128 Licence, registration or permit to be produced on demand
- 129 Registered address
- 130 Advertisements to contain licence or registration number
- 131 Offence to provide or employ unlicensed persons
- 132 Offence to provide or employ unregistered persons
- 133 Requirement to display licence or registration document at business premises
- 134 Permanent records to be kept
- 135 False or misleading statements and particulars
- 136 Documents submitted by bodies corporate to be completed by nominated person
PART 6--PARTICULAR PROVISIONS FOR CROWD CONTROLLERS
- 137 Definitions
- 138 Crowd controllers must wear identification
- 139 Duties of activity manager as to register
- 140 Duties of business licence holder as to register
- 141 Duties of crowd controller and manager as to register
- 142 Information required to be entered in the register
- 143 Entry of premises to inspect completed register or copy
- 144 Completed register may be copied
- 145 Powers of police and authorised persons to seize completed register or copy
- 146 Completed register or copy may be retained for copying
- 147 Retention and return of seized completed register or copy
- 148 Magistrates' Court may extend 3 month period for retention of completed register or copy
- 149 Evidentiary value of documents certified by police or authorised person
PART 7--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
- 150 Review by VCAT
- 150A VCAT must ask Chief Commissioner about protected information on receiving certain applications for review
- 150B Appointment of special counsel if review involves protected information
- 150C Hearing where protected information involved
- 150D Decision where protected information is involved
- 150E General provisions for hearing matters involving protected information
- 151 Time period for making application for review
PART 8--INSPECTION AND ENFORCEMENT
Division 1--Inspection powers
- 152 Appointment of authorised persons
- 153 Offence to hinder or obstruct
- 154 Warrants to search premises
- 155 Announcement before entry
- 156 Copy of the warrant to be given to occupier
Division 2--Enforcement
- 157 Proceedings for offences
- 158 Evidence of matters relating to register
- 159 Liability of officers of body corporate for offences committed by the body corporate
- 160 How to determine state of mind of a body corporate
- 161 Liability of body corporate or holder of licence or registration for acts of officers, employees or agents
- 162 Service of documents
PART 9--INFRINGEMENT NOTICES
PART 10--GENERAL
- 172 Chief Commissioner may approve training requirements etc.
- 173 Chief Commissioner to keep register
- 174 Requirement to notify Chief Commissioner of changes to close associates
- 175 Body corporate to notify Chief Commissioner of changes to officers
- 176 Requirement to notify Chief Commissioner of criminal charges
- 177 Annual reporting
- 178 Statutory review of this Act
- 179 Supreme Court—Limitation of Jurisdiction
- 180 Regulations
PART 11--TRANSITIONAL PROVISIONS
- 181 Definitions
- 182 Licences under old Act deemed to be private security business licences
- 183 Licences under old Act deemed to be private security individual operator licences
- 184 Transitional provision for security equipment installers, security advisers and bodyguards
- 185 Proceedings at VCAT for review of decisions under the old Act ENDNOTES