{"id":"private-security-act-1995","name":"Private Security Act 1995","slug":"private-security-act-1995","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30446,"registerId":"nt-private-security-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Private Security Act 1995","content":"NORTHERN TERRITORY OF AUSTRALIA\nPRIVATE SECURITY ACT 1995\nAs in force at 10 February 2026\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Security providers ............................................................................ 3\n5 Crowd controllers............................................................................. 4\n6 Security officers ............................................................................... 4\n7 Security firms ................................................................................... 4\n8 Act may be declared to apply to certain persons ............................. 4\n9 Act only to apply to security firms and officers if declared to so\napply ................................................................................................ 5\nPart 1A Administration\n10 Appointment of Director of Private Security Regulation ................... 6\n10A Delegation ....................................................................................... 6\n10B Annual report ................................................................................... 6\nPart 2 Use of information\n11 Director to keep register .................................................................. 6\nPart 3 Licences\n12 Definition.......................................................................................... 7\n12A Eligibility for licence ......................................................................... 7\n13 Requirement to be licensed ............................................................. 8\n14 Application for licence ...................................................................... 8\n15 Entitlement to licences – natural persons ........................................ 9\n16 Inquiries about person's appropriateness to hold licence .............. 11\n17 Entitlement to licences – corporations or firms .............................. 12\n18 Decision on application .................................................................. 12\n19 Conditions of licence ..................................................................... 13\n20 Amendment of conditions .............................................................. 14\n21 Notice to return licence for alteration ............................................. 15\n22 Production of licence ..................................................................... 15\n23 Period of validity of licence ............................................................ 16\n24 Renewal of licence ........................................................................ 16\n25 Replacement licence ..................................................................... 17\n25A Licence not transferable ................................................................ 17\n\nPrivate Security Act 1995 ii\nPart 4 Cancellation, suspension &c., of licences\n26 Grounds for suspension, cancellation or refusal to renew ............. 18\n27 Procedure for suspension, cancellation or refusal to renew .......... 18\n28 Return of suspended or cancelled licence ..................................... 20\n29 Automatic cancellation on conviction ............................................. 20\nPart 5 Inspectors\n35 Inspectors ...................................................................................... 20\n36 Inspector's identity card ................................................................. 21\n37 Production of inspector's identity card ........................................... 21\n38 Entry of place by inspector ............................................................ 21\n39 Inspector's general powers in a place............................................ 22\n40 Procedure after thing seized .......................................................... 22\n41 Power to require name and address.............................................. 23\n42 Power to require information from certain persons ........................ 23\n43 False or misleading information ..................................................... 24\n44 Power to require production of documents .................................... 24\n45 False or misleading documents ..................................................... 25\n46 Obstruction of inspectors ............................................................... 25\n47 Police to retain powers under other Acts for the purposes of\nthis Act ........................................................................................... 26\nPart 6 Codes of practice, competency standards\nand training\n48 Codes of practice........................................................................... 26\n49 Undertakings by persons contravening code ................................. 27\n50 Registers of undertakings .............................................................. 27\n51 Orders by Tribunal where undertaking refused or breached ......... 27\n52 Variation and discharge of orders .................................................. 29\n53 Competency standards and training .............................................. 29\nPart 6A Complaints\n53A Person may make complaint about security provider .................... 30\n53B Opportunity to be given to security provider to reply to\ncomplaint ....................................................................................... 30\n53C Consideration and decision of Director .......................................... 30\n53D Determination of complaint ............................................................ 31\nPart 6B Review of decisions\n53E Definitions ...................................................................................... 31\n53F Notice of delegate decision............................................................ 32\n53G Application for review .................................................................... 32\n53GA Effect of application on delegate decision ..................................... 32\n53GB Director to consider application ..................................................... 32\n\nPrivate Security Act 1995 iii\n53GC Conducting and deciding review .................................................... 33\n53GD Notice of decision on review .......................................................... 33\n53GE Application to Tribunal for review of Director's decision................. 33\n53H Licence refused because of disqualifying offence ......................... 34\nPart 7 General\n54 Identification to be worn by crowd controller .................................. 34\n55 Liability for security provider's actions ........................................... 35\n56 Employers to keep incident registers ............................................. 36\n57 Person not to hire crowd controller with disqualifying offence ....... 36\n58 Confidentiality of information ......................................................... 37\n59 Protection from liability .................................................................. 37\n60 Evidentiary provisions .................................................................... 38\n61 Approved forms ............................................................................. 38\n65 Exemptions .................................................................................... 38\n66 Regulations.................................................................................... 39\nPart 8 Transitional matters for Licensing\n(Director-General) Act 2014\nDivision 1 Definitions\n67 Definitions ...................................................................................... 40\nDivision 2 Applications\n68 Application to licensing authority – not yet considered .................. 41\n69 Application to licensing authority – under active consideration ...... 41\nDivision 3 Review of decisions and appeals\n70 New review regime applies to post-commencement decisions...... 42\n71 Appeal against pre-commencement decision – appeal not yet\ncommenced ................................................................................... 42\n72 Appeal against pre-commencement decision – appeal\ncommenced ................................................................................... 42\nDivision 4 Complaints\n73 New complaints regime applies to post-commencement\ncomplaints ..................................................................................... 42\n74 Complaint made before commencement – not yet considered ...... 43\n75 Complaint made before commencement – under active\nconsideration ................................................................................. 43\n76 Review of pre-commencement complaint decision –\napplication not yet made ................................................................ 44\n77 Review of pre-commencement complaint decision –\napplication made ........................................................................... 44\n\nPrivate Security Act 1995 iv\nDivision 5 General matters\n78 Continuation of ongoing documents and things ............................. 44\n79 Active consideration ...................................................................... 45\n80 Licence issued despite disqualifying offence ................................. 45\nPart 9 Transitional matters for Licensing\n(Director-General) Repeal Act 2020\n81 Definitions ...................................................................................... 46\n82 Applications to be decided by Director .......................................... 46\n83 Director to complete delegate decision reviews............................. 46\n84 Continuation of instruments, appointments, documents etc. ......... 46\n85 Suspension, cancellation or refusal to renew ................................ 47\nSchedule Reviewable decisions and affected\npersons\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nPRIVATE SECURITY ACT 1995\nAn Act to provide for the regulation of the provision of security services\nand for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Private Security Act 1995.\n2 Commencement\n(1) The provisions of this Act, other than section 13, shall come into\noperation on the day on which the Administrator's assent to the Act\nis declared.\n(2) Section 13 of this Act shall come into operation on a date fixed by\nthe Administrator by notice in the Gazette.\n3 Definitions\nIn this Act:\naffected person, see section 53E.\nappropriate licence for carrying out the functions of a security\nprovider is:\n(a) if carrying out the functions of a crowd controller – a crowd\ncontroller's provisional licence or a crowd controller's licence;\n(b) if carrying out the functions of a security officer – a security\nofficer's licence or a security officer's provisional licence;\n(c) if carrying out the functions of a security firm – a security firm's\nlicence; or\n(d) if carrying out the functions of a member of a class of persons\ndeclared in a notice under section 8 to be a category of\nsecurity providers – the relevant category of licence declared\nin that notice, including a provisional licence in relation to that\n\nPart 1 Preliminary\nPrivate Security Act 1995 2\ncategory of licence.\napproved form means a form approved under section 61.\ncriminal history of a person means the person's criminal record\nwithin the meaning of the Criminal Records (Spent Convictions)\nAct 1992.\ncrowd controller has the meaning given by section 5.\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision and the reasons for it; and\n(b) any right the person to whom the notice is to be given has,\nunder this Act, to apply for a review of, or to appeal, the\ndecision.\ndelegate decision, see section 53E.\nDirector means the Director of Private Security Regulation\nappointed under section 10.\ndisqualifying offence, for a category of licence, means:\n(a) an offence prescribed by regulation to be a disqualifying\noffence in relation to that category of licence; or\n(b) an offence against a law, or a repealed law, of the Territory or\nanother jurisdiction (including a jurisdiction outside Australia)\nthat substantially corresponds to an offence mentioned in\nparagraph (a).\ninspector means a person appointed under section 35 as an\ninspector or a person who is an inspector by virtue of section 35(4).\nobstruct includes hinder, resist and attempt to obstruct.\nofficer, for Part 3, see section 12.\nprovisional licence means:\n(a) a crowd controller's provisional licence;\n(b) a security officer's provisional licence; and\n(c) a provisional licence in relation to a category of licence\ndeclared under section 8.\n\nPart 1 Preliminary\nPrivate Security Act 1995 3\npublic place means:\n(a) premises licensed under the Liquor Act 2019; or\n(b) an entertainment venue to which the public are admitted,\nwhether or not for consideration.\nreviewable decision, see section 53E.\nsecurity firm has the meaning given by section 7.\nsecurity officer has the meaning given by section 6.\nsecurity provider has the meaning given by section 4.\nTribunal means the Civil and Administrative Tribunal.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Security providers\n(1) In this Act, a security provider means:\n(a) a crowd controller;\n(b) a security officer;\n(c) a security firm; or\n(d) a person or partnership carrying out the functions of a member\nof a class of persons declared in a notice under section 8 to\nbe a category of security providers.\n(2) A person employed by a security provider is not a security provider\nif the person's duties are wholly secretarial or clerical.\n(3) Each of the following persons is not a security provider in carrying\nout the functions of the person's employment:\n(a) a member of the Police Force or a member of the police\nservice of the Commonwealth or a State or another Territory\nof the Commonwealth;\n(b) a member of the Defence Force;\n(c) an employee as defined in the Public Sector Employment and\nManagement Act 1993 or an officer or employee of the\nCommonwealth or a State or another Territory of the\nCommonwealth;\n\nPart 1 Preliminary\nPrivate Security Act 1995 4\n(d) a minister of the Territory, the Commonwealth or a State or\nanother Territory of the Commonwealth; or\n(e) a department of the Territory, the Commonwealth or a State or\nanother Territory of the Commonwealth.\n5 Crowd controllers\nIn this Act, a crowd controller is a person who, in respect of\npremises licensed under the Liquor Act 2019, a place of\nentertainment, a place to which the public has access or a public or\nprivate event or function, as part of his or her duties, performs the\nfunction of:\n(a) controlling or monitoring the behaviour of persons;\n(b) screening persons seeking entry; or\n(c) removing persons because of their behaviour,\nor any other prescribed function.\n6 Security officers\nIn this Act, a security officer is a person who, for reward, patrols or\nguards another person's property.\n7 Security firms\nIn this Act, a security firm is a person who, or partnership or\ncorporation that, engages in the business of supplying, for reward,\nthe services of:\n(a) crowd controllers or security officers; or\n(b) where this section is specified in a notice under section 8 to\napply to members of a class of persons declared in that notice\nto be a category of security providers – members of that class\nof persons,\nto other persons.\n8 Act may be declared to apply to certain persons\n(1) Where the Minister is of the opinion that it may be desirable to\ndeclare a class of persons who perform particular functions\n(including, but not limited to, the functions performed by a locksmith\nor an installer of security systems) to be a category of security\nprovider for the purpose of this Act, the Minister may request the\nDirector to conduct a review of the suitability of making such a\n\nPart 1 Preliminary\nPrivate Security Act 1995 5\ndeclaration.\n(2) The Minister shall provide a copy of a report of a review conducted\nunder subsection (1) to:\n(a) the industry organisation, if any:\n(i) representing the interests of owners of businesses\nconducted by members of the class of persons in\nrelation to which the review was conducted; and\n(ii) approved by the Minister for the purposes of this section;\n(b) the members of the Legislative Assembly; and\n(c) such other persons or organisations as the Minister thinks fit,\nand request their opinion, within 28 days from the date of the\nrequest or such longer period as the Minister thinks fit, as to the\nMinister's proposal.\n(3) Where:\n(a) a report provided under subsection (1) declares that, in the\nopinion of the Director, regulation of the class of persons the\nsubject of the review is justifiable; and\n(b) the Minister has considered all opinions provided under\nsubsection (2),\nthe Minister may, by notice in the Gazette, declare:\n(c) the class of persons in relation to which the review was\nconducted to be for the purposes of this Act a category of\nsecurity providers named in the notice;\n(d) the name of the relevant category of licence, including a\nprovisional licence, in relation to that class of persons; and\n(e) that all of the provisions of this Act, or the provisions of the Act\nspecified in the notice, shall apply to and in relation to a\nmember of that category of security providers.\n9 Act only to apply to security firms and officers if declared to so\napply\nThis Act does not apply to, or in relation to, security firms or security\nofficers unless the Minister has declared, by notice in the Gazette,\nthat the Act applies to security firms or security officers, as the case\nmay be.\n\nPart 2 Use of information\nPrivate Security Act 1995 6\nPart 1A Administration\n10 Appointment of Director of Private Security Regulation\nThe Minister must, in writing, appoint a person to be the Director of\nPrivate Security Regulation.\n10A Delegation\nThe Director may delegate any of the Director's powers or functions\nunder this Act, other than a power under Part 6B, to a public sector\nemployee.\n10B Annual report\n(1) The Director must, within 3 months after the end of each financial\nyear, give the Minister a report on the operation of this Act during\nthat year.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\nPart 2 Use of information\n11 Director to keep register\n(1) The Director must keep, in such manner and form as the Director\nthinks fit, registers of persons holding licences under this Act or\ndisqualified from holding licences under this Act.\n(2) The Director must make the register, other than a part of the\nregister to which the public is not to have access in accordance with\nsubsection (3), available for inspection by members of the public\nduring normal business hours, on days other than public holidays or\nweekends.\n(3) The Director must ensure that spent convictions within the meaning\nof the Criminal Records (Spent Convictions) Act 1992 are not\nrecorded on a part of the register to which the public has access.\n(4) Notwithstanding any provision of the Criminal Records (Spent\nConvictions) Act 1992, the Director:\n(a) may keep such records of a person's criminal history as are\nrequired to be kept for the purposes of this Act,\nnotwithstanding that part of the criminal history is a spent\nconviction within the meaning of the Criminal Records (Spent\nConvictions) Act 1992; and\n\nPart 3 Licences\nPrivate Security Act 1995 7\n(b) may, only insofar as required for the purposes of a review\nunder this Act or as is otherwise required for the performance\nby an employee as defined in the Public Sector Employment\nand Management Act 1993 of his or her functions under that\nAct or this Act, make available to any person a record of a\nspent conviction within the meaning of the Criminal Records\n(Spent Convictions) Act 1992.\n(5) The Director may authorise the release of information, including a\nspent conviction within the meaning of the Criminal Records (Spent\nConvictions) Act 1992, to a person or body responsible for the issue\nof licences under an Act of the Territory, the Commonwealth or a\nState or another Territory of the Commonwealth.\nPart 3 Licences\n12 Definition\nIn this Part:\nofficer, for a corporation, means:\n(a) a director, secretary or executive officer of the corporation; or\n(b) a person who is concerned, or takes part, in the management\nof the corporation's affairs; or\n(c) a person who can control or substantially influence the\nconduct of the corporation's affairs including, for example, a\nperson on whose directions, advice or instructions the\ncorporation's directors usually act.\n12A Eligibility for licence\nA person, partnership or corporation is not eligible to apply for or be\ngranted a licence under this Act unless:\n(a) in the case of a natural person – the person is at least\n18 years old; and\n(b) in the case of a partnership – each partner of the partnership\nis at least 18 years old; and\n(c) in the case of corporation – each officer of the corporation is at\nleast 18 years old.\n\nPart 3 Licences\nPrivate Security Act 1995 8\n13 Requirement to be licensed\n(1) A person shall not:\n(a) carry out the functions of a security provider; or\n(b) advertise, or in any way hold out, that the person carries out or\nis willing to carry out, the functions of a security provider,\nunless the person holds the appropriate licence.\nPenalty: In the case of a natural person – 100 penalty units.\nIn the case of a body corporate – 500 penalty units.\n(1A) An offence against subsection (1) is a regulatory offence.\n(2) A person shall not, directly or indirectly, engage another person to\ncarry out the functions of a security provider unless the other\nperson holds the appropriate licence.\nPenalty: In the case of a natural person – 100 penalty units.\nIn the case of a body corporate – 500 penalty units.\n(2A) An offence against subsection (2) is a regulatory offence.\n(3) A person is not entitled to a reward for carrying out the functions of\na security provider unless the person holds the appropriate licence.\n(4) Subsection (3) has effect notwithstanding an arrangement to the\ncontrary.\n14 Application for licence\n(1) An application to the Director for a licence under this Act may be\nmade in the approved form accompanied by the prescribed fee, if\nany, by:\n(a) a natural person; or\n(b) in the case of a security firm's licence – a person, partnership\nor a corporation.\n(2) A licence other than a security firm's licence shall only be granted in\nrespect of a natural person.\n(3) The Director may, in writing, request the applicant for a licence to\ngive further information or documents relevant to the application.\n\nPart 3 Licences\nPrivate Security Act 1995 9\n(4) The Director may reject the application for a licence if the applicant\nfails, without reasonable excuse, to comply with the request.\n(5) Where:\n(a) a natural person has applied for a licence – he or she;\n(b) a partnership has applied for a security firm's licence – each\npartner in the partnership; or\n(c) a corporation has applied for a security firm's licence – each\nofficer of the corporation,\nshall attend at a police station and provide to a member of the\nPolice Force the prescribed information together with a signed\nauthority, on the approved form, permitting the Commissioner to\nrelease to the Director details of the person's criminal history:\n(d) for the determination of the application; and\n(e) at any time during any period for which the licence is granted\nor renewed if the person is charged with a disqualifying\noffence.\n15 Entitlement to licences – natural persons\n(1) This section applies if an application is made for the grant of a\nlicence to a natural person.\n(3) Subject to subsection (8), a person is entitled to be granted a\nprovisional licence if:\n(a) the Minister has approved a code of practice under section 48,\nand competency standards and training under section 53, in\nrelation to that category of licence; and\n(b) the Director is satisfied that the person is an appropriate\nperson to hold the licence.\n(4) Subject to subsection (8), a person is entitled to be granted a crowd\ncontroller's licence, a security officer's licence, or a category of\nlicence (other than a provisional licence) declared under section 8,\nif:\n(a) the Minister has approved a code of practice under section 48,\nand competency standards and training under section 53, in\nrelation to that category of licence;\n\nPart 3 Licences\nPrivate Security Act 1995 10\n(b) the Director is satisfied that the person has successfully\ncompleted the course in training approved under section 53 in\nrelation to that category of licence; and\n(c) the Director is satisfied that the person is an appropriate\nperson to hold the licence.\n(5) In deciding whether a person is an appropriate person to hold a\nlicence, the Director is limited to considering the matters specified\nin subsections (6), (7) and (7A).\n(6) In deciding whether a person is an appropriate person to hold a\nlicence, the Director may consider the following matters as\nindicating that the person may not be an appropriate person:\n(a) that in dealings in which the person has been involved, the\nperson has:\n(i) shown dishonesty or lack of integrity; or\n(ii) used harassing tactics;\n(b) that the person habitually consorts with reputed criminals;\n(c) that the person has taken advantage, as a debtor, of the laws\nof bankruptcy;\n(d) that the person is suffering from an illness that makes them\nunfit to work in the security industry;\n(e) that the person has been found guilty of an offence;\n(f) information provided by a person or body responsible for the\nissue of licences under an Act of the Territory, the\nCommonwealth or a State or another Territory of the\nCommonwealth;\n(g) evidence given in a court of the Territory, the Commonwealth\nor a State or another Territory of the Commonwealth or a\ncommission of inquiry.\n(7) A person is not an appropriate person to hold a licence if the\nperson, within 10 years of applying for a licence, has been\nconvicted of:\n(a) a disqualifying offence in relation to such a licence; or\n(b) an offence that would be a disqualifying offence in relation to\nsuch a licence if committed in the Territory.\n\nPart 3 Licences\nPrivate Security Act 1995 11\n(7A) However, if the Tribunal has previously granted a licence to the\nperson under section 53H despite the person having been\nconvicted of a disqualifying offence, that conviction is to be\ndisregarded for the purposes of subsection (7).\n(8) The Director may, in the Director's absolute discretion, refuse to\ngrant a licence to an applicant if the Director has grounds for\nbelieving that the applicant is likely to be of bad character, having\nregard to the public interest in ensuring that persons of bad\ncharacter are not employed as security providers.\n16 Inquiries about person's appropriateness to hold licence\n(1) The Director shall notify the Commissioner of Police of each inquiry\nof the Director under this section.\n(2) The Director may make inquiries about a person to assist in\ndeciding whether the person:\n(a) is an appropriate person within the meaning of section 15 for\nthe grant of the licence, or is a person of bad character; or\n(b) continues to be an appropriate person within the meaning of\nsection 15 to hold a licence or have a licence renewed, or is a\nperson of bad character.\n(3) As soon as reasonably practicable after receiving a signed authority\nunder section 14(5) in relation to an application for a licence under\nthis Act or an inquiry by the Director under this section, the\nCommissioner of Police shall give the Director:\n(a) a written report of the criminal history of the person who\nsigned the authority or person in relation to whom the inquiry\nis being held, notwithstanding that part of the criminal history\nis a spent conviction within the meaning of the Criminal\nRecords (Spent Convictions) Act 1992; and\n(b) such evidence as may assist the Director to determine if the\nperson who signed the authority is of bad character.\n(4) Subsection (3)(a) applies to the criminal history:\n(a) that is in the Commissioner of Police's possession; or\n(b) to which the Commissioner of Police ordinarily has access\nthrough arrangements with the police service of the\nCommonwealth or a State or another Territory of the\nCommonwealth.\n\nPart 3 Licences\nPrivate Security Act 1995 12\n17 Entitlement to licences – corporations or firms\n(2) This section applies if a corporation or partnership applies for a\nsecurity firm licence.\n(3) The applicant is entitled to the licence if the Director is satisfied\nthat:\n(a) each person who is an officer of the corporation, or partner in\nthe partnership, is an appropriate person to be an officer or\npartner if the corporation or partnership were granted the\nlicence; and\n(b) if the applicant is a corporation – the corporation has not been\nconvicted of a disqualifying offence.\n(4) The conditions of the licence shall specify which of the functions of\na crowd controller or security officer may be supplied under the\nlicence.\n(5) Sections 15(5) to (8) and 16 apply to a decision about whether a\nperson specified in subsection (3)(a) is an appropriate person, as if\nthe person were the applicant for the licence.\n18 Decision on application\n(2) The Director shall consider an application for a provisional licence\nand, if satisfied that:\n(a) the person is entitled to the licence under section 15(3); and\n(b) there are no grounds for believing that the applicant is likely to\nbe of bad character, having regard to the public interest in\nensuring that persons of bad character are not employed as\nsecurity providers,\nthe Director shall, on payment of the prescribed fee, grant the\nlicence.\n(3) The Director shall consider an application for a crowd controller's\nlicence, a security officer's licence or a licence (other than a\nprovisional licence) in relation to a category of licence declared\nunder section 8 and, if satisfied that:\n(a) the person is entitled to the licence under section 15(4); and\n(b) there are no grounds for believing that the applicant is likely to\nbe of bad character, having regard to the public interest in\nensuring that persons of bad character are not employed as\nsecurity providers,\n\nPart 3 Licences\nPrivate Security Act 1995 13\nthe Director shall, on payment of the prescribed fee, grant the\nlicence.\n(5) Where the Director grants a provisional licence to a person and the\nDirector is satisfied that the person:\n(a) is entitled under section 15(4) to a licence to perform the same\nfunctions under the Act as those in relation to which the\nprovisional licence was issued; and\n(b) is not likely to be of bad character, having regard to the public\ninterest in ensuring that persons of bad character are not\nemployed as security providers,\nthe Director shall grant the licence to the person without requiring a\nfurther application to be made under this Act.\n(6) The Director shall consider an application for a security firm's\nlicence and, if satisfied that:\n(a) the applicant is entitled to the licence under section 17(3); and\n(b) there are no grounds for believing that any officer of the\ncorporation or partner in a partnership is likely to be of bad\ncharacter, having regard to the public interest in ensuring that\npersons of bad character are not employed as security\nproviders,\nthe Director shall, on payment of the prescribed fee, grant the\nlicence.\n(7) If the Director grants a licence, the Director shall as soon as\npracticable give the applicant:\n(a) a licence containing, in the case of a licensee who is a natural\nperson, the photograph of the licensee or, in the case of an\napplication for a security firm's licence by a partnership or\ncorporation, a photograph of one of the partners in the\npartnership or of the principal of the corporation; and\n(b) if a condition is stated on the licence – a decision notice for\nthe decision to impose the condition.\n(8) If the Director refuses to grant the licence, the Director must, as\nsoon as practicable, give a decision notice to the applicant.\n19 Conditions of licence\n(1) The Director may grant a licence on such conditions as the Director\nthinks fit and specifies in writing to the licensee.\n\nPart 3 Licences\nPrivate Security Act 1995 14\n(2) A licence is subject to:\n(a) such conditions, if any, as are prescribed in relation to such a\nlicence;\n(b) the conditions, if any, specified in accordance with\nsubsection (1) and amended, if at all, in accordance with\nsection 20; and\n(c) where a code of practice has been approved under section 48\nin relation to such a licence, the condition that the code shall\nbe complied with and not contravened.\n(3) The licensee shall comply with the conditions of the licence.\nPenalty: If the offender is a natural person – 100 penalty units.\nIf the offender is a body corporate – 500 penalty units.\n20 Amendment of conditions\n(1) If the Director considers that the conditions on a licence (other than\na condition that applies to a licence because the condition is\nprescribed) should be amended, the Director shall give the licensee\na written notice (the show cause notice) that:\n(a) states the reasons for the amendment;\n(b) outlines the facts and circumstances that form the basis of the\nreasons; and\n(c) invites the licensee to show cause within a specified time, of\nnot less than 28 days, why the conditions should not be\namended.\n(2) The Director may amend the conditions if, after considering all\nrepresentations made under subsection (1)(c), the Director still\nbelieves that the conditions should be amended:\n(a) in the way specified in the show cause notice; or\n(b) in another way, having regard to the representations.\n(2A) A licensee may apply to the Director to amend the conditions of the\nlicensee's licence as set out in the application.\n(2B) An application under subsection (2A) is to:\n(a) state the reasons for the amendment; and\n\nPart 3 Licences\nPrivate Security Act 1995 15\n(b) outline the facts and circumstances that form the basis of the\nreasons.\n(2C) After considering the application under subsection (2A), the Director\nmay, if satisfied that the conditions should be amended as set out in\nthe application, amend the conditions accordingly.\n(3) If the Director decides to amend the conditions under subsection (2)\nor refuse to amend the conditions under subsection (2C), as soon\nas practicable after doing so, the Director must give a decision\nnotice to the licensee.\n(4) Subsections (1) to (3) (inclusive) do not apply if the conditions of a\nlicence are to be amended only:\n(a) by omitting a condition;\n(b) for a formal or clerical reason; or\n(c) in another way that does not adversely affect the licensee's\ninterests.\n(5) The Director may make an amendment of a type specified in\nsubsection (4) by written notice to the licensee.\n21 Notice to return licence for alteration\n(1) The Director may, by written notice, require the licensee to return\nthe licence to the Director within a specified time, of not less than\n14 days, to enable the Director to amend the conditions stated on\nthe licence.\n(2) After amending the conditions stated on the licence, the Director\nshall return the licence to the licensee.\n(3) A licensee shall not, without reasonable excuse, fail to comply with\na notice under subsection (1).\nPenalty: If the offender is a natural person – 20 penalty units.\nIf the offender is a body corporate – 100 penalty units\n(4) The amendment of the conditions of a licence under section 20\ndoes not depend on the conditions being altered under this section.\n22 Production of licence\n(1) A licensee shall, on the request of:\n(a) an inspector; or\n\nPart 3 Licences\nPrivate Security Act 1995 16\n(b) a member of the Police Force,\nproduce the licensee's licence for inspection.\nPenalty: If the offender is a natural person – 20 penalty units.\nIf the offender is a body corporate – 100 penalty units\n(2) If a licensee is not wearing the prescribed identification, the\nlicensee shall, on the request of the person with whom the licensee\nis dealing in carrying out the licensee's functions, produce the\nlicensee's licence for inspection.\nPenalty: If the offender is a natural person – 20 penalty units.\nIf the offender is a body corporate – 100 penalty units\n23 Period of validity of licence\n(1) Subject to this Act, a licence, other than a provisional licence, is\nvalid for the period of 1, 2 or 3 years from the date of issue,\nrequested by the applicant and specified on the licence.\n(3) Subject to this Act, a provisional licence is valid until the conclusion\nof the next available training course, at a date specified in the\nlicence, in respect of the category of licence, which may be\nattended by the holder of the licence.\n(4) Where the holder of a provisional licence is unable to attend a\ntraining course specified in the licence for reasons acceptable to\nthe Director, the Director may extend the period of the licence until\nthe conclusion of the next available training course, at a date\nspecified in the licence, in respect of the category of licence, which\nmay be attended by the holder of the licence.\n(5) A provisional licence shall not be extended under subsection (3)\nmore than once, and in any case such a licence ceases to be valid\nafter 12 months after the date of issue.\n24 Renewal of licence\n(1) The holder of a licence, other than a provisional licence, may apply\nto the Director to renew the licence.\n(2) An application under subsection (1) is to be:\n(a) in the approved form;\n(b) accompanied by the prescribed fee (if any); and\n\nPart 3 Licences\nPrivate Security Act 1995 17\n(c) made within 3 months before the expiry of the licence or any\nother period determined by the Director.\n(3) The Director may refuse to renew the licence under section 26.\n(4) Despite subsection (3), if the application is to renew a crowd\ncontroller's licence or a security officer's licence, the Director must\nnot renew the licence unless the licensee holds a current first aid\ncertificate, being a certificate approved by the Minister.\n(5) If an application for renewal is made while the licence is still in\nforce, the licence remains in force until the date that the licensee is\nnotified of the outcome of the renewal application.\n(6) If an application for renewal is granted, the renewed licence is\ntaken to have commenced on the date following the expiry date of\nthe licence it renews.\n25 Replacement licence\n(1) A licensee may apply to the Director for the replacement of a lost,\nstolen or destroyed licence.\n(1A) An application under subsection (1) is to be accompanied by the\nprescribed fee (if any).\n(2) The Director shall consider each application and either:\n(a) replace the licence; or\n(b) refuse to replace the licence.\n(3) If the Director is satisfied that the licence has been lost, stolen or\ndestroyed, the Director shall replace the licence.\n(4) If the Director decides to refuse to replace the licence, as soon as\npracticable after doing so, the Director must give a decision notice\nto the applicant.\n25A Licence not transferable\nA licence granted under this Act is not transferable by the licensee.\n\nPart 4 Cancellation, suspension &c., of licences\nPrivate Security Act 1995 18\nPart 4 Cancellation, suspension &c., of licences\n26 Grounds for suspension, cancellation or refusal to renew\n(1) Each of the following is a ground for the suspension or cancellation\nof a licence or the refusal to renew a licence:\n(a) the licence was obtained on the basis of incorrect or\nmisleading information;\n(b) the licensee has contravened a condition of the licence;\n(c) the licensee has committed an offence against this Act;\n(d) the licensee, or another person required to be an appropriate\nperson for the grant of the licence, is not, or is no longer, an\nappropriate person.\n(2) The question whether a person is, or continues to be, an\nappropriate person is decided in the same way as the question\nwhether the person would be an appropriate person for the grant of\nthe licence.\n(3) The charging of a licensee, or another person required to be an\nappropriate person for the grant of the licence, with a disqualifying\noffence is a ground for suspending, or refusing to renew, the\nlicence concerned until the end of the proceeding for the charge.\n(4) The power of the court to impose conditions of bail under the Bail\nAct 1982 includes the power to impose a condition that the licensee\nnot act as a security provider as stated in the condition.\n27 Procedure for suspension, cancellation or refusal to renew\n(1) If the Director believes that reasonable grounds exist to suspend,\ncancel or refuse to renew a licence (the action), the Director shall\ngive the licensee a written notice (a show cause notice) that:\n(a) states the action proposed;\n(b) states the grounds for proposing to take the action;\n(c) outlines the facts and circumstances that form the basis for\nthe Director's belief;\n(d) if the Director proposes to suspend the licence – states the\nsuspension period the Director proposes to impose; and\n\nPart 4 Cancellation, suspension &c., of licences\nPrivate Security Act 1995 19\n(e) invites the licensee to show cause within a specified time, of\nnot less than 28 days, why the action proposed should not be\ntaken, and the licensee may make submissions to the Director\naccordingly.\n(2) If, after considering all submissions, if any, made by the licensee,\nthe Director still believes that grounds to take the action exist, the\nDirector may:\n(a) if the show cause notice was a notice of intention to suspend\nthe licence for a specified period:\n(i) suspend the licence for a period not longer than the\nspecified period; or\n(ii) impose a maximum penalty of 85 penalty units;\n(b) if the show cause notice was a notice of intention to cancel the\nlicence:\n(i) cancel the licence;\n(ii) suspend the licence for a period; or\n(iii) impose a maximum penalty of 85 penalty units; or\n(c) if the show cause notice was a notice of intention not to renew\nthe licence:\n(i) refuse to renew the licence;\n(ii) refuse to renew the licence for a period; or\n(iii) impose a maximum penalty of 85 penalty units.\n(3) As soon as practicable after making a decision under subsection (2)\nthe Director must:\n(a) if the decision is to take no action – inform the licensee of the\ndecision by written notice; or\n(b) otherwise – give a decision notice to the licensee.\n(5) A decision under subsection (2) takes effect on:\n(a) the day on which the notice is given to the licensee; or\n(b) the day specified in the notice,\nwhichever is later.\n\nPart 5 Inspectors\nPrivate Security Act 1995 20\n(6) Notwithstanding subsections (1) and (2), the Director may, if the\nDirector considers immediate suspension of a licence on one or\nmore of the grounds specified in section 26 is, in all the\ncircumstances, justifiable, suspend the licence immediately by\ngiving a decision notice to the licensee.\n28 Return of suspended or cancelled licence\n(1) If the Director cancels or suspends a person's licence, the Director\nmay give the person a written notice requiring the person to return\nthe licence within a period, of not less than 14 days, specified in the\nnotice.\n(2) The person shall not, without reasonable excuse, fail to comply with\nthe notice.\nPenalty: If the offender is a natural person – 20 penalty units.\nIf the offender is a body corporate – 100 penalty units.\n(3) If a suspended licence returned to the Director is still current at the\nend of the suspension period, the Director shall return the licence to\nthe licensee.\n29 Automatic cancellation on conviction\n(1) A licensee's licence is cancelled if the licensee, or another person\nwho would have been required to be an appropriate person within\nthe meaning of section 15 for the grant of the licence, is convicted\nof a disqualifying offence.\n(2) The licensee shall return the licence to the Director within 14 days\nafter the conviction.\nPenalty: If the offender is a natural person – 20 penalty units.\nIf the offender is a body corporate – 100 penalty units.\nPart 5 Inspectors\n35 Inspectors\n(1) The Director may appoint a public sector employee to be an\ninspector.\n(2) The Director may appoint a person to be an inspector only if:\n(a) the Director believes that the person has the necessary\nexpertise or experience to be an inspector; or\n\nPart 5 Inspectors\nPrivate Security Act 1995 21\n(b) the person has satisfactorily completed a course of training\napproved by the Director.\n(3) The Director may limit the powers of an inspector by stating\nconditions in the instrument of appointment.\n(4) A member of the Police Force is an inspector for the purposes of\nthis Act.\n36 Inspector's identity card\n(1) The Director shall issue an identity card to each inspector, other\nthan a member of the Police Force.\n(2) The identity card shall:\n(a) contain a recent photograph of the inspector; and\n(b) be signed by the inspector.\n(3) A person who ceases to be an inspector shall, as soon as\npracticable after ceasing to be an inspector, return to the Director\nthe identity card issued to him or her, unless the person has a\nreasonable excuse for not returning it.\nPenalty: 20 penalty units.\n37 Production of inspector's identity card\n(1) An inspector, other than a member of the Police Force, may\nexercise a power under this Act in relation to a person only if the\ninspector first produces or displays the inspector's identity card for\ninspection by the person.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector shall produce the identity card for inspection by the\nperson at the first reasonable opportunity.\n38 Entry of place by inspector\nAn inspector may enter a place if:\n(a) the occupier of the place consents to the entry; or\n(b) it is a public place and the entry is made when the place is\nopen to the public.\n\nPart 5 Inspectors\nPrivate Security Act 1995 22\n39 Inspector's general powers in a place\n(1) After entering a place under section 38, an inspector may exercise\na power specified in subsection (2) only if the occupier of the place\nconsents to the exercise of the power.\n(2) The inspector may:\n(a) search any part of the place;\n(b) seize a thing if the inspector believes on reasonable grounds\nthat:\n(i) the thing is evidence of the commission of an offence\nagainst this Act; and\n(ii) the seizure is necessary to prevent:\n(A) the concealment, loss or destruction of the thing; or\n(B) the use of the thing in committing, continuing or\nrepeating an offence against this Act;\n(c) inspect, examine, photograph or film anything in or on the\nplace;\n(d) take extracts from, or make copies of, any documents in or on\nthe place; or\n(e) take into or onto the place any person, equipment and\nmaterials that the inspector reasonably requires for the\npurpose of exercising any powers in relation to the place.\n40 Procedure after thing seized\n(1) As soon as practicable after a thing is seized by an inspector under\nsection 39, the inspector shall give a receipt for it to the person from\nwhom it was seized.\n(2) The inspector shall allow a person who would be entitled to the\nseized thing if it were not in the inspector's possession:\n(a) to inspect it; or\n(b) if it is a document – to take extracts from it or make copies of\nit.\n(3) The inspector shall return the seized thing to the person at the end\nof:\n(a) 6 months; or\n\nPart 5 Inspectors\nPrivate Security Act 1995 23\n(b) if a prosecution for an offence involving it is commenced within\n6 months – the proceeding for the offence and any appeal\nfrom the proceeding.\n(4) Notwithstanding subsection (3), the inspector shall return the seized\nthing to the person if the inspector is satisfied that:\n(a) its retention as evidence is no longer necessary; and\n(b) its return is not likely to result in its use in repeating the\noffence.\n41 Power to require name and address\n(1) An inspector may require a person to state the person's name and\naddress if the inspector:\n(a) finds the person committing an offence against this Act; or\n(b) finds the person in circumstances that lead, or has information\nthat leads, the inspector to suspect on reasonable grounds\nthat the person has recently committed an offence against this\nAct.\n(2) When making the requirement, the inspector shall warn the person\nthat it is an offence to fail to state the person's name and address,\nunless the person has a reasonable excuse.\n(3) The inspector may require the person to give evidence of the\ncorrectness of the person's name or address if the inspector\nsuspects, on reasonable grounds, that the name or address given\nis false.\n(4) A person shall not, without reasonable excuse, fail to comply with\nan inspector's requirement under subsection (1).\nPenalty: In the case of a natural person – 20 penalty units.\nIn the case of a body corporate – 100 penalty units.\n42 Power to require information from certain persons\n(1) If an inspector suspects, on reasonable grounds, that a\ncontravention of this Act has occurred, the inspector may require\nany of the following persons to give information about the\ncontravention:\n(a) a person who was a security provider at a time relevant to the\ncontravention (a relevant time);\n\nPart 5 Inspectors\nPrivate Security Act 1995 24\n(b) a person who had directly or indirectly engaged a security\nprovider at a relevant time;\n(c) a person who was an employee of a person specified in\nparagraph (a) or (b) at a relevant time.\n(2) When making the requirement, the inspector shall warn the person\nthat it is an offence to fail to give the information unless the person\nhas a reasonable excuse.\n(3) The person shall not, without reasonable excuse, fail to comply with\na requirement under subsection (1).\nPenalty: In the case of a natural person – 20 penalty units.\nIn the case of a body corporate – 100 penalty units.\n(4) It is a reasonable excuse for the person to fail to give information if\ngiving the information might tend to incriminate the person.\n43 False or misleading information\n(1) A person shall not:\n(a) state anything to an inspector that the person knows is false or\nmisleading in a material particular; or\n(b) omit from a statement made to an inspector anything without\nwhich the statement is, to the person's knowledge, misleading\nin a material particular.\nPenalty: In the case of a natural person – 100 penalty units or\nimprisonment for 6 months.\nIn the case of a body corporate – 500 penalty units.\n(2) A complaint against a person for an offence against\nsubsection (1)(a) or (b) is sufficient if it states the statement made\nwas false or misleading to the person's knowledge.\n44 Power to require production of documents\n(1) An inspector may require a person to produce to the inspector, for\ninspection, a document required to be held or kept by the person\nunder this Act.\n\nPart 5 Inspectors\nPrivate Security Act 1995 25\n(2) A person required to produce a document under subsection (1)\nshall not, without reasonable excuse, fail to produce the document.\nPenalty: In the case of a natural person – 100 penalty units or\nimprisonment for 6 months.\nIn the case of a body corporate – 500 penalty units.\n(3) The inspector may keep a document that is produced:\n(a) to take an extract from the document; or\n(b) to make a copy of the document.\n(4) The inspector shall return the document to the person as soon as\npracticable after taking the extract or making the copy.\n45 False or misleading documents\n(1) A person shall not give to the Director or an inspector a document\ncontaining information the person knows is false, misleading or\nincomplete in a material particular.\nPenalty: In the case of a natural person – 100 penalty units or\nimprisonment for 6 months.\nIn the case of a body corporate – 500 penalty units.\n(2) Subsection (1) does not apply to a person who, when giving the\ndocument:\n(a) informs the Director or inspector of the extent to which the\ndocument is false, misleading or incomplete; and\n(b) gives the correct information to the Director or inspector if the\nperson has, or can reasonably obtain, the correct information.\n46 Obstruction of inspectors\nA person shall not obstruct an inspector in the exercise of a power.\nPenalty: In the case of a natural person – 100 penalty units or\nimprisonment for 6 months.\nIn the case of a body corporate – 500 penalty units.\n\nPart 6 Codes of practice, competency standards and training\nPrivate Security Act 1995 26\n47 Police to retain powers under other Acts for the purposes of\nthis Act\nNothing in this Act shall be taken to restrict in any way a power,\nauthority, right or privilege that a member of the Police Force may\nhave under any other Act or the law of the Territory.\nPart 6 Codes of practice, competency standards and\ntraining\n48 Codes of practice\n(1) The Director may with the approval of the Minister, and shall if the\nMinister so directs, prepare and submit to the Minister for\nconsideration a draft code of practice in respect of a category of\nlicence.\n(2) For the purpose of preparing a draft code of practice, the Director\nshall:\n(a) arrange for consultation with, and invite submissions from,\nsuch persons and organisations as, in the opinion of the\nDirector, would have an interest in the terms of the proposed\ncode; and\n(b) give notice in a newspaper circulating in the Territory that a\ndraft code is to be prepared and invite members of the public\nto make written submissions as to what its terms should be.\n(3) If the Director is satisfied that security providers, or a category of\nsecurity providers, have, in consultation with organisations\nrepresenting consumers and other interested persons, agreed to\nabide by a particular code of practice in their dealings with or in\nrelation to consumers and the public, the Director may submit the\ncode to the Minister for consideration, together with any\nrecommendations by the Director with respect to amendments to\nthe code.\n(4) The Minister may approve a code of practice in respect of a\ncategory of licence.\n(5) The Minister shall, as soon as practicable after approving a code of\npractice under subsection (4), give notice of the approval in the\nGazette, specifying where the code may be viewed or purchased.\n(6) A code of practice comes into operation on the date on which the\nrelevant notice is published in the Gazette under subsection (5), or,\nwhere a later date is specified in the notice, that date.\n\nPart 6 Codes of practice, competency standards and training\nPrivate Security Act 1995 27\n(7) The Director shall make copies of codes of practice available for\nviewing and purchase by the public.\n49 Undertakings by persons contravening code\n(1) Where it appears to the Director that a person has carried on\nbusiness in contravention of a code of practice approved by the\nMinister under section 48 and applicable to the person, the Director\nmay request the person to execute within a specified time a deed in\nterms approved by the Director under which the person gives\nundertakings as to:\n(a) discontinuance of the conduct;\n(b) future compliance with the code of practice; and\n(c) the action the person will take to rectify the consequences of\nthe contravention,\nor any of those matters.\n(2) A person who fails to observe an undertaking given in a deed\nexecuted under subsection (1) is guilty of an offence.\nPenalty: In the case of a natural person – 100 penalty units or\nimprisonment for 6 months.\nIn the case of a body corporate – 500 penalty units.\n50 Registers of undertakings\n(1) The Director shall maintain in such form as the Director thinks fit\nregisters of undertakings given pursuant to section 49(1).\n(2) Where a person executes a deed containing undertakings pursuant\nto section 49(1), the Director shall:\n(a) retain the deed and enter in a register of undertakings the\nprescribed particulars with respect to the deed; and\n(b) give a copy of the deed to the person who executed it.\n(3) A register of undertakings may, at any reasonable time, be\ninspected by any person free of charge.\n51 Orders by Tribunal where undertaking refused or breached\n(1) Where a person fails to comply with a request by the Director for\nthe giving of an undertaking under section 49(1), the Tribunal may,\non the application of the Director or any other person, and on being\nsatisfied that there were grounds for requesting the undertaking,\n\nPart 6 Codes of practice, competency standards and training\nPrivate Security Act 1995 28\norder the first-mentioned person:\n(a) to act in a manner that would have been required; or\n(b) to refrain from acting in a manner that would have been\nprohibited,\nby the undertaking if it had been given.\n(2) Where, on the application of the Director or any other person, the\nTribunal is satisfied that a person has failed to observe an\nundertaking given by that person under section 49(1), the Tribunal\nmay make an order under subsection (3).\n(3) The Tribunal may order the person by whom the undertaking was\ngiven:\n(a) to observe the undertaking; and\n(b) in the case of an undertaking to rectify the consequences of a\ncontravention of a code of practice – to observe the\nundertaking within a time specified in the order.\n(4) Where:\n(a) the failure on which an application under subsection (1) or (2)\nis based is a failure by a body corporate; and\n(b) the Tribunal is satisfied that the failure occurred with the\nconsent or connivance of a person who, at the time of the\nfailure, was a director of the body corporate or a person\notherwise concerned in its management,\nthe Tribunal may, in addition to any other order, make an order\nunder subsection (5).\n(5) The Tribunal may, in a case falling within subsection (4), make an\norder prohibiting the person from:\n(a) continuing to consent to, or connive at, the failure; or\n(b) consenting to, or conniving at, a like failure by any other body\ncorporate of which the person is a director or in the\nmanagement of which the person is concerned.\n(6) An order under this section may be made subject to such conditions\n(whether as to the duration of the order or otherwise) as the\nTribunal thinks fit including:\n(a) conditions as to the future conduct of the person affected; and\n\nPart 6 Codes of practice, competency standards and training\nPrivate Security Act 1995 29\n(b) conditions specifying the action to be taken by the person to\nrectify the consequences of the failure the subject of the\napplication under this section.\n(7) A person who contravenes or fails to comply with an order under\nthis section is guilty of an offence.\nPenalty: In the case of a natural person – 100 penalty units or\nimprisonment for 6 months.\nIn the case of a body corporate – 500 penalty units.\n52 Variation and discharge of orders\nThe Tribunal may on the application of the Director vary or\ndischarge an order made under section 51.\n53 Competency standards and training\n(1) Subject to subsection (2), the Minister may approve:\n(a) competency standards; and\n(b) the training required for the attainment of competency\nstandards,\nin respect of a category of licence.\n(2) The Minister must not approve under subsection (1) competency\nstandards and training in respect of a category of licence unless he\nor she has received advice from the Director under subsection (2A)\nregarding the competency standards and training required to attain\ncompetency standards in respect of the category of licence.\n(2A) For subsection (2), the Director:\n(a) must consult regarding suitable competency standards and\ntraining required to attain competency standards in respect of\na category of licence with persons who have interests\nsufficiently connected with competency standards and training\nin respect of the category of licence; and\n(b) having completed the consultation under paragraph (a), must\nadvise the Minister as to competency standards and training\nrequired to attain competency standards in respect of the\ncategory of licence.\n\nPart 6A Complaints\nPrivate Security Act 1995 30\n(3) A Minister shall, as soon as practicable after approving a\ncompetency standard or training under subsection (1), give notice\nof the approval in the Gazette, specifying where copies of\ninstruments to which the approval relates may be viewed or\npurchased.\n(4) The Director shall make copies of the instruments to which\napprovals under subsection (1) relate available for viewing and\npurchase by the public.\nPart 6A Complaints\n53A Person may make complaint about security provider\n(1) A person may make a complaint regarding any matter arising out of\nthe conduct or operations of a security provider.\n(2) A complaint is to:\n(a) be in writing in the approved form;\n(b) set out the grounds on which the complaint is made and the\nfacts relied on by the person to constitute the grounds;\n(c) be signed by the person making it; and\n(d) be lodged with the Director.\n53B Opportunity to be given to security provider to reply to\ncomplaint\nIf a complaint is made under section 53A, the Director must inform\nthe security provider of the complaint and must give the security\nprovider sufficient opportunity to provide a written reply to the\ncomplaint.\n53C Consideration and decision of Director\n(1) The Director must consider each complaint received under\nsection 53A, taking into account the written reply of the licensee (if\nany) and any other matter the Director considers relevant.\n(2) The Director must consider each complaint in a manner that is fair\nand expeditious and gives proper consideration to the issues.\n(3) For subsection (2), the Director:\n(a) may conduct the investigations regarding the complaint that\nthe Director thinks appropriate; and\n\nPart 6B Review of decisions\nPrivate Security Act 1995 31\n(b) may require or, if requested to do so by the security provider,\nmust permit the security provider to make submissions or\nanswer questions regarding the complaint.\n53D Determination of complaint\n(1) After considering and investigating a complaint under section 53C,\nthe Director must make a determination:\n(a) that, in the Director's opinion, the complaint is of a frivolous,\nirrelevant or malicious nature, or that the complaint does not\nset out facts and circumstances that are sufficient grounds on\nwhich to base a complaint, and dismiss the complaint;\n(b) that no further action is warranted;\n(c) to reprimand the security provider;\n(d) to fine the security provider an amount not exceeding the\nprescribed amount;\n(e) to impose conditions on or vary the conditions of the security\nprovider's licence;\n(f) to suspend the security provider's licence; or\n(g) to cancel the security provider's licence.\n(2) As soon as practicable after making the determination, the Director\nmust give a decision notice for the decision to make the\ndetermination to the person who made the complaint and the\nsecurity provider against whom the complaint was made.\n(4) A fine imposed under subsection (1)(d) is recoverable as a debt\ndue and payable by the licensee to the authority.\nPart 6B Review of decisions\n53E Definitions\nIn this Part:\naffected person, for a reviewable decision, see the Schedule.\ndelegate decision means a reviewable decision that is made by a\ndelegate of the Director.\nreviewable decision, see the Schedule.\n\nPart 6B Review of decisions\nPrivate Security Act 1995 32\n53F Notice of delegate decision\n(1) As soon as practicable after making a delegate decision, a delegate\nof the Director must give written notice of the decision to each\naffected person.\n(2) The notice must state the following:\n(a) the delegate decision and the reasons for it;\n(b) that the affected person may apply for a review of the decision\nunder section 53G;\n(c) the period allowed for applying for a review.\n53G Application for review\n(1) An affected person for a delegate decision may apply to the\nDirector for a review of the decision.\n(2) The application must be made:\n(a) within 28 days after written notice of the delegate decision is\ngiven to the affected person; or\n(b) by any later date allowed by the Director.\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n53GA Effect of application on delegate decision\n(1) The making of the application does not stay the operation of the\ndelegate decision.\n(2) Despite subsection (1), the Director may stay the operation of the\ndelegate decision pending completion of the review.\n53GB Director to consider application\n(1) On receipt of the application, the Director must review the delegate\ndecision.\n\nPart 6B Review of decisions\nPrivate Security Act 1995 33\n(2) Despite subsection (1), if satisfied the application is frivolous or\nvexatious, the Director may reject the application without reviewing\nthe delegate decision.\n53GC Conducting and deciding review\n(1) In reviewing the delegate decision, the Director must:\n(a) take into account any matter that this Act requires the Director\nto take into account in reviewing the decision; and\n(b) follow the procedures for review determined by the Director;\nand\n(c) comply with the rules of natural justice.\n(2) After reviewing the delegate decision, the Director must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n53GD Notice of decision on review\n(1) As soon as practicable after making a decision under\nsection 53GC, the Director must give written notice of the decision\nto the following persons:\n(a) the applicant;\n(b) any other affected person.\n(2) The notice must state the following:\n(a) the Director's decision and the reasons for it;\n(b) details of any right the person has under this Act to apply for a\nreview of, or to appeal, the Director's decision.\n53GE Application to Tribunal for review of Director's decision\n(1) Subject to subsection (2), an affected person for a reviewable\ndecision may apply to the Tribunal for review of the decision.\n(2) An affected person may only apply to the Tribunal once the person\nhas exhausted any other available avenue of review under this\nDivision.\n\nPart 7 General\nPrivate Security Act 1995 34\n(3) Subsection (2) does not apply to:\n(a) a decision under section 18 to refuse to grant a licence on the\nground that the applicant is not an appropriate person to hold\nthe licence under section 15(7); or\n(b) a decision prescribed by regulation.\n(4) For subsection (3)(b), a regulation may not prescribe a decision\nspecified in the Schedule.\n53H Licence refused because of disqualifying offence\n(1) This section applies if:\n(a) a person (the applicant) applies for a licence; and\n(b) the applicant is not an appropriate person to hold a licence\nbecause the applicant has been convicted of an offence\nmentioned in section 15(7); and\n(c) the Director or a delegate of the Director refuses to grant the\nlicence on that ground; and\n(d) the applicant applies to the Tribunal for a review of the\ndecision.\n(2) On the review of the decision, the Tribunal may set aside the\ndecision and substitute its own decision to grant a licence to the\napplicant despite section 15(7).\n(3) The Tribunal may do so only if satisfied, on the balance of\nprobabilities, that the applicant is a suitable person to be granted\nthe licence despite the conviction.\n(4) To avoid doubt, the Tribunal may grant the licence even though the\nDirector or a delegate of the Director, in deciding the application,\ncould not have done so because of section 15(7).\nPart 7 General\n54 Identification to be worn by crowd controller\nWhen acting as a crowd controller, a licensed crowd controller shall\nwear such identification, if any, as is prescribed, so that the\nidentification is clearly visible.\nPenalty: 50 penalty units.\n\nPart 7 General\nPrivate Security Act 1995 35\n55 Liability for security provider's actions\n(1) Subject to subsection (2), where a person (an employer) employs\na security provider (other than a security firm) for the purposes of\nproviding security services, the employer is responsible, in tort and\nin contract, for anything done, or not done, by the security provider:\n(a) within the scope of the security provider's authority; or\n(b) for the benefit, or for the purported or intended benefit, of the\nemployer or the employer's business.\n(2) Where:\n(a) the service of the security provider is provided to the employer\non behalf of a security firm; or\n(b) a security firm receives, whether directly or indirectly, reward\nfor the provision of the services of the security provider to the\nemployer,\nthe security firm, and not the employer, is responsible, in tort and in\ncontract, for anything done, or not done, by the security provider:\n(c) within the scope of the security provider's authority; or\n(d) for the benefit, or for the purported or intended benefit, of the\nemployer or the employer's business.\n(3) Where a crowd controller or a security officer commits an offence\nagainst this Act, the employer of the person at the time of the\noffence is, in addition to the crowd controller or security officer,\ndeemed to have committed the offence.\n(4) For the purposes of subsection (3) a security firm is deemed to be\nthe employer of a security provider, to the exclusion of any other\nperson, if:\n(a) the service of the security provider is provided on behalf of\nthat security firm; or\n(b) if the security firm receives, whether directly or indirectly,\nreward for the provision of those services by the security\nprovider.\n\nPart 7 General\nPrivate Security Act 1995 36\n56 Employers to keep incident registers\n(1) Subject to this section, the employer of a crowd controller shall\nensure that a register of crowd controllers, containing accurate\nrecords of prescribed information, is kept in a manner approved by\nthe Director.\nPenalty: In the case of a natural person – 100 penalty units.\nIn the case of a body corporate – 500 penalty units.\n(2) For the purposes of this section, where a security firm provides the\nservices of a crowd controller to a person, body or authority, the\nperson, body or authority is deemed to be the employer of the\ncrowd controller.\n(3) An employer who:\n(a) uses the services of a crowd controller less than once every\n6 months; and\n(b) sends a report, containing the information prescribed for\nsubsection (1), to the Director within 14 days after the\nprovision of services to the employer by a crowd controller,\nis not required to keep a register under subsection (1).\n(4) An employer shall permit inspectors to examine the register kept\nunder subsection (1).\nPenalty: In the case of a natural person – 100 penalty units.\nIn the case of a body corporate – 500 penalty units.\n57 Person not to hire crowd controller with disqualifying offence\n(1) A person (the employer) shall not engage another person to carry\nout the functions of a crowd controller if the employer knows, or\nought reasonably be expected to know, that the person has been\nconvicted of a disqualifying offence other than an excused\nconviction.\nPenalty: In the case of a natural person – 100 penalty units.\nIn the case of a body corporate – 500 penalty units.\n(2) If the Tribunal has previously granted a licence to a person under\nsection 53H despite the person having been convicted of a\ndisqualifying offence, that conviction is an excused conviction for\nsubsection (1).\n\nPart 7 General\nPrivate Security Act 1995 37\n58 Confidentiality of information\n(1) A person shall not disclose, use or record information gained by the\nperson through involvement in the administration or enforcement of\nthis Act.\nPenalty: 100 penalty units or imprisonment for 12 months.\n(2) Subsection (1) does not apply to:\n(a) an act done for the purposes of this Act;\n(b) disclosure of information to the Commissioner of Police;\n(c) disclosure of information ordered by a court or tribunal for a\nproceeding before it; or\n(d) disclosure of information under the Regulations or another\nAct.\n(3) A person gains information through involvement in the\nadministration of this Act if the person gains the information in the\ncourse of, or because of an opportunity provided by, the\ninvolvement.\n(4) The following persons are taken to be involved in the administration\nof this Act:\n(a) the Director;\n(b) officers and employees of the Agency allocated primary\nresponsibility for the administration of this Act in accordance\nwith the Administrative Arrangements Order;\n(c) inspectors.\n59 Protection from liability\n(1) In this section official means:\n(a) the Director; or\n(b) an inspector; or\n(c) a person acting under the direction of an inspector.\n(2) An official does not incur civil liability for an act or omission done\nhonestly and without negligence under this Act.\n(3) A liability that would, apart from this section, attach to an official\nattaches instead to the Territory.\n\nPart 7 General\nPrivate Security Act 1995 38\n(4) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it relates to the civil liability of\nan inspector who is a member of the Police Force.\n60 Evidentiary provisions\n(1) This section applies to any proceeding under this Act.\n(2) Unless a party, by reasonable notice, requires proof of:\n(a) the appointment of an inspector; or\n(b) the authority of an inspector to do anything under this Act,\nthe appointment or authority shall be presumed.\n(3) A signature purporting to be the signature of the Director or an\ninspector is evidence of the signature it purports to be.\n(4) A certificate purporting to be signed by the Director and stating any\nof the following matters is evidence of the matter:\n(a) that a specified document is a licence or copy of a licence\nissued under this Act;\n(b) that on a specified day, or during a specified period, a person\nwas or was not a licensee or a specified type of licensee;\n(c) that a licence:\n(i) was or was not issued for a specified term;\n(ii) was or was not in force on a specified day or during a\nspecified period; or\n(iii) was or was not subject to conditions or a specified\ncondition; or\n(d) that a document is a copy of a record kept under this Act.\n61 Approved forms\nThe Director may approve forms for this Act.\n65 Exemptions\nSubject to any regulations made for the purposes of\nsection 66(2)(h), the Director may, by notice in the Gazette, exempt\na person, a class of persons or a category of activities from the\noperation of all or any provision of this Act or the Regulations,\nsubject to such conditions, if any, as the Director specifies in the\n\nPart 7 General\nPrivate Security Act 1995 39\nnotice.\n66 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay:\n(a) provide that a security provider need not hold the appropriate\nlicence for a specified type of activity, event or place,\nnotwithstanding section 13;\n(b) authorise the Director to approve that a crowd controller or\nsecurity officer need not hold the appropriate licence for a\nspecified activity, event or place, notwithstanding section 13;\n(c) set the fees payable under this Act;\n(d) prescribe offences for contraventions of a regulation and fix a\nmaximum penalty of not more 100 penalty units for a\ncontravention;\n(da) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthis Act or the Regulations and for the service of an\ninfringement notice within the meaning of the Fines and\nPenalties (Recovery) Act 2001 on a person alleged to have\ncommitted the offence and the particulars to be included in the\nnotice;\n(e) regulate the conduct of security providers;\n(f) provide for licensed corporations and partnerships, including,\nfor example:\n(i) dealing with changes to the composition or control of\ncorporations and partnerships; and\n(ii) imposing duties on particular persons to ensure the\ncorporation or partnership complies with this Act and\nrequiring proof of compliance;\n\nPart 8 Transitional matters for Licensing (Director-General) Act 2014\nDivision 1 Definitions\nPrivate Security Act 1995 40\n(g) determine that before a licence is granted a surety, on such\nterms and conditions as are specified in the Regulations, shall\nbe required from the applicant, being a surety of an amount,\nspecified in the Regulations, not greater than $10,000;\n(h) prescribe classes of persons, or categories of activities, in\nrelation to which an exemption of a provision or all provisions\nmay not be granted under section 65, or the conditions subject\nto which such an exemption may be granted;\n(j) prescribe methods of service of documents or the provision of\nnotice under this Act; and\n(k) prescribe the information, including fingerprints, to be provided\nby an applicant for the grant or renewal of a licence.\nPart 8 Transitional matters for Licensing (Director-\nGeneral) Act 2014\nDivision 1 Definitions\n67 Definitions\nIn this Part:\n2014 Acts means the Licensing (Director-General) Act 2014 and\n2014 Amending Act.\n2014 Amending Act means the Licensing (Repeals and\nConsequential Amendments) Act 2014.\ncommencement means the commencement of section 22 of the\nLicensing (Director-General) Act 2014.\nlicensing authority means the licensing authority as defined in\nsection 3 as in force immediately before the commencement.\nNTLC Act means the Northern Territory Licensing Commission\nAct 1999 as in force immediately before the commencement.\nold legislation means the NTLC Act and this Act, as in force\nimmediately before the commencement.\n\nPart 8 Transitional matters for Licensing (Director-General) Act 2014\nDivision 2 Applications\nPrivate Security Act 1995 41\nDivision 2 Applications\n68 Application to licensing authority – not yet considered\n(1) This section applies if, before the commencement:\n(a) an application had been made under this Act for a decision to\nbe made by the licensing authority; but\n(b) the licensing authority had not commenced active\nconsideration of the application.\n(2) The application:\n(a) is taken to be an application made on the commencement for\nthe decision to be made by the Director-General; and\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 68\nThe Director-General's decision on the application will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n69 Application to licensing authority – under active consideration\n(1) This section applies if, before the commencement:\n(a) an application had been made under this Act for a decision to\nbe made by the licensing authority and the licensing authority\nhad commenced active consideration of the application; but\n(b) the licensing authority had not made a decision.\n(2) The licensing authority must deal with and determine the\napplication in accordance with the old legislation as if the 2014 Acts\nhad not commenced.\n(3) However, the licensing authority's decision is then taken to have\nbeen made by the Director-General.\nNote for section 69(3)\nAs the decision will be made after the commencement and will be taken to be a\ndecision of the Director-General, it may be a reviewable decision.\n\nPart 8 Transitional matters for Licensing (Director-General) Act 2014\nDivision 4 Complaints\nPrivate Security Act 1995 42\nDivision 3 Review of decisions and appeals\n70 New review regime applies to post-commencement decisions\nPart 6B applies only in relation to decisions made after the\ncommencement.\n71 Appeal against pre-commencement decision – appeal not yet\ncommenced\n(1) This section applies if, before the commencement:\n(a) a decision had been made under this Act and the period for\nfiling a notice of appeal against the decision under section 30,\nas then in force, had not expired; but\n(b) a notice of appeal had not been filed.\n(2) A person who would have been entitled to appeal against the\ndecision under the old legislation may do so under the old\nlegislation, as if the 2014 Acts had not commenced.\n(3) The Local Court must hear and determine the appeal in accordance\nwith the old legislation as if the 2014 Acts had not commenced.\n72 Appeal against pre-commencement decision – appeal\ncommenced\n(1) This section applies if, before the commencement:\n(a) an appeal against a decision made under this Act had been\ncommenced under section 31, as then in force; but\n(b) the appeal had not been finally determined.\n(2) The Local Court must hear and determine the appeal in accordance\nwith the old legislation as if the 2014 Acts had not commenced.\nDivision 4 Complaints\n73 New complaints regime applies to post-commencement\ncomplaints\nSubject to section 74, Part 6A, as amended by the 2014 Amending\nAct, applies only in relation to complaints made after the\ncommencement.\n\nPart 8 Transitional matters for Licensing (Director-General) Act 2014\nDivision 4 Complaints\nPrivate Security Act 1995 43\n74 Complaint made before commencement – not yet considered\n(1) This section applies if, before the commencement:\n(a) a complaint had been made under section 53A, as then in\nforce; but\n(b) the licensing authority had not commenced active\nconsideration of the complaint.\n(2) The complaint:\n(a) is taken to have been made to the Director-General on the\ncommencement; and\n(b) must be dealt with and determined in accordance with Part 6A\nas amended by the 2014 Amending Act.\nNote for section 74\nThe Director-General's decision on the complaint will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n75 Complaint made before commencement – under active\nconsideration\n(1) This section applies if, before the commencement:\n(a) the licensing authority had commenced active consideration of\na complaint made under section 53A, as then in force; but\n(b) the licensing authority had not determined the complaint under\nsection 53D, as then in force.\n(2) The licensing authority must deal with and determine the complaint\nin accordance with the old legislation as if the 2014 Acts had not\ncommenced.\n(3) If the licensing authority determines a complaint as mentioned in\nsubsection (2):\n(a) section 76 applies in relation to the licensing authority's\ndecision as if it had been made before the commencement;\nand\n(b) Part 6B does not apply in relation to the determination.\n\nPart 8 Transitional matters for Licensing (Director-General) Act 2014\nDivision 5 General matters\nPrivate Security Act 1995 44\n76 Review of pre-commencement complaint decision –\napplication not yet made\n(1) This section applies if, before the commencement:\n(a) the licensing authority had made a decision under\nsection 53D, as then in force, and the period for applying for a\nreview of the decision under Part 4 of the NTLC Act had not\nexpired; but\n(b) an application for a review of the decision had not been made.\nNote for subsection (1)\nUnder section 53E, as in force immediately before the commencement, a\ndecision of the licensing authority under section 53D was reviewable under Part 4\nof the NTLC Act.\n(2) A person who would have been entitled to apply for a review of the\ndecision under the old legislation may do so under the old\nlegislation as if the 2014 Acts had not commenced.\n(3) The licensing authority must review the decision in accordance with\nthe old legislation as if the 2014 Acts had not commenced.\n77 Review of pre-commencement complaint decision –\napplication made\n(1) This section applies if, before the commencement:\n(a) an application had been made under section 28 of the NTLC\nAct for a review of a decision made under section 53D, as\nthen in force; but\n(b) the licensing authority had not completed the review.\n(2) The licensing authority must complete the review in accordance\nwith the old legislation as if the 2014 Acts had not commenced.\nDivision 5 General matters\n78 Continuation of ongoing documents and things\n(1) This section applies if:\n(a) before the commencement, a power or function was conferred\nby this Act on the licensing authority; and\n(b) on the commencement, the power or function (or a\nsubstantially similar power or function) is conferred on the\nDirector-General.\n\nPart 8 Transitional matters for Licensing (Director-General) Act 2014\nDivision 5 General matters\nPrivate Security Act 1995 45\n(2) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\nDirector-General.\n(3) On the commencement, an ongoing thing continues with the same\nforce and effect as if it had been done by, or in relation to, the\nDirector-General.\n(4) This section applies subject to the other provisions of this Part and\nPart 5, Division 2 of the Licensing (Director-General) Act 2014.\n(5) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(6) In this section:\nongoing document means a document that:\n(a) was issued by, or given to, the licensing authority before the\ncommencement in or for the exercise of the power or\nperformance of the function; and\n(b) immediately before the commencement, had ongoing effect.\nongoing thing means a thing that:\n(a) was done by, or in relation to, the licensing authority before\nthe commencement in or for the exercise of the power or\nperformance of the function; and\n(b) immediately before the commencement, had ongoing effect.\n79 Active consideration\nRegulations may make provision for determining when active\nconsideration of:\n(a) an application commences for Division 2; or\n(b) a complaint commences for Division 4.\n80 Licence issued despite disqualifying offence\nA reference in section 15(7A) or 57(2) to a licence issued by the\nTribunal under section 53H includes a reference to a licence issued\nbefore the commencement by the Local Court under section 34(4),\nas then in force.\n\nPart 9 Transitional matters for Licensing (Director-General) Repeal Act 2020\nPrivate Security Act 1995 46\nPart 9 Transitional matters for Licensing\n(Director-General) Repeal Act 2020\n81 Definitions\nIn this Part:\ncommencement means the commencement of section 3 of the\nLicensing (Director-General) Repeal Act 2020.\nDirector-General means the Director-General of Licensing\nappointed under the Licensing (Director-General) Act 2014 before\nits repeal.\nrepealed Act means the Licensing (Director-General) Act 2014.\n82 Applications to be decided by Director\nIf an application is made to the Director-General for a decision to be\nmade under this Act but the decision is not made before the\ncommencement, the application must be decided by the Director as\nif it was made to the Director.\n83 Director to complete delegate decision reviews\nIf an application is made to the Director-General for a review under\nPart 3 of the repealed Act of a delegate decision made under this\nAct, but the review is not completed before the commencement, the\nreview must be conducted by the Director as if the application was\nmade to the Director.\n84 Continuation of instruments, appointments, documents etc.\n(1) A statutory instrument or other instrument, an appointment, an\napproved form or any other document made or issued by the\nDirector-General under this Act or the repealed Act before the\ncommencement continues in force and is taken after the\ncommencement to have been made or issued by the Director.\n(2) Without limiting subsection (1), a delegation by the Director-General\nunder this Act or the repealed Act in force immediately before the\ncommencement is taken after the commencement to be a\ndelegation by the Director and continues in force until amended or\nrevoked under this Act.\n\nPart 9 Transitional matters for Licensing (Director-General) Repeal Act 2020\nPrivate Security Act 1995 47\n85 Suspension, cancellation or refusal to renew\nIf the Director-General gives a licensee a show cause notice under\nsection 27 before the commencement, the Director may take any\nother action or make any decision under that section after the\ncommencement as if the Director had given the notice.\n\nSchedule Reviewable decisions and affected persons\nPrivate Security Act 1995 48\nSchedule Reviewable decisions and affected persons\nsection 53E\nSection Decision Affected person\n18 Decision to refuse to grant licence Applicant\n19 Decision to impose condition on licence Applicant\n20(2) Decision to amend conditions on licence Licensee\n20(2C) Decision to refuse to amend conditions\non licence\nLicensee\n23(4) Decision not to extend period of\nprovisional licence\nHolder of licence\n25 Decision to refuse to replace licence Licensee\n27(2) Decision to suspend, cancel, or refuse to\nrenew licence or to impose penalty\nLicensee\n53D Decision to determine complaint Licensee\n\nENDNOTES\nPrivate Security Act 1995 49\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\nbl = by-law om = omitted\nch = Chapter pt = Part\ndiv = Division r = regulation/rule\nexp = expires/expired renum = renumbered\nf = forms rep = repealed\nGaz = Gazette s = section\nhdg = heading sch = Schedule\nins = inserted sdiv = Subdivision\nlt = long title SL = Subordinate Legislation\nN/C = not commenced sub = substituted\n2 LIST OF LEGISLATION\nPrivate Security Act 1995 (Act No. 59, 1995)\nAssent date 28 December 1995\nCommenced s 13: 1 March 1996 (Gaz G7, 14 February 1996, p 4);\nrem: 28 December 1995 (s 2(1))\nPrivate Security Amendment Act 1999 (Act No. 71, 1999)\nAssent date 17 December 1999\nCommenced 14 February 2000 (s 2, s 2 Northern Territory Licensing\nCommission Act 1999 (Act No. 67, 1999) and Gaz G5,\n9 February 2000, p 6)\nPrivate Security Amendment Act 2003 (Act No. 16, 2003)\nAssent date 29 May 2003\nCommenced 5 November 2003 (Gaz G44, 5 November 2003, p 2)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (S 2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\n\nENDNOTES\nPrivate Security Act 1995 50\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 6 and 7 Private Security Amendment Act 1999 (Act No. 71, 1999)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 5, 11, 16, 26, 53E,\n53F, 53G, 53J, 59, 66, 67, 68, 74 and 78.\n5 LIST OF AMENDMENTS\ns 3 amd No. 71, 1999, s 4; No. 16, 2003, s 4; No. 4, 2007, s 2; No. 44, 2014,\ns 91; No. 29, 2019, s 396; No. 4, 2020, s 38; No. 26, 2020, s 3; No. 5, 2022,\ns 123\ns 5 amd No. 29, 2019, s 397\ns 6 amd No. 16, 2003, s 5\ns 7 amd No. 5, 2022, s 124\n\nENDNOTES\nPrivate Security Act 1995 51\ns 8 amd No. 44, 2014, s 103; No. 4, 2020, s 39\npt 1A hdg ins No. 4, 2020, s 40\ns 10 rep No. 71, 1999, s 5\nins No. 4, 2020, s 40\nss 10A – 10B ins No. 4, 2020, s 40\npt 2 hdg amd No. 44, 2014, s 103\ns 11 amd No. 44, 2014, s 103; No. 4, 2020, s 40\ns 12 rep No. 71, 1999, s 5\nins No. 5, 2022, s 125\ns 12A ins No. 5, 2022, s 125\ns 13 amd No. 16, 2003, s 6\ns 14 amd No. 16, 2003, s 7; No. 44, 2014, s 103; No. 4, 2020, s 49; No. 5, 2022,\ns 126\ns 15 amd No. 16, 2003, s 8; No. 44, 2014, s 92; No. 10, 2018, s 6; No. 4, 2020,\ns 49\ns 16 amd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 17 amd No. 44, 2014, s 103; No. 4, 2020, s 49; No. 5, 2022, s 127\ns 18 amd No. 16, 2003, s 9; No. 54, 2004, s 7; No. 44, 2014, s 93; No. 4, 2020,\ns 49\ns 19 amd No. 16, 2003, s 10; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 20 amd No. 16, 2003, s 11; No. 44, 2014, s 94; No. 4, 2020, s 49\ns 21 amd No. 16, 2003, s 12; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 22 amd No. 16, 2003, s 13\ns 23 amd No. 16, 2003, s 14; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 24 sub No. 16, 2003, s 15\namd No. 44, 2014, s 103; No. 2, 2026, s 33\ns 25 amd No. 16, 2003, s 16; No. 44, 2014, s 95; No. 4, 2020, s 49\ns 25A ins No. 30, 2010, s 45\ns 27 amd No. 54, 2004, s 7; No. 23, 2013, s 6; No. 44, 2014, s 96; No. 4, 2020,\ns 49\ns 28 amd No. 16, 2003, s 17; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 29 amd No. 16, 2003, s 18; No. 44, 2014, s 103; No. 4, 2020, s 49\nss 30 – 34 rep No. 44, 2014, s 97\ns 35 amd No. 16, 2003, s 19; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 36 amd No. 16, 2003, s 20; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 41 amd No. 16, 2003, s 21\ns 42 amd No. 16, 2003, s 22\ns 43 amd No. 16, 2003, s 23\ns 44 amd No. 16, 2003, s 24\ns 45 amd No. 16, 2003, s 25; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 46 amd No. 16, 2003, s 26\ns 48 amd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 49 amd No. 16, 2003, s 27; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 50 amd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 51 amd No. 16, 2003, s 28; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 52 amd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 53 amd No. 16, 2003, s 29; No. 44, 2014, s 103; No. 4, 2020, s 49\npt 6A hdg ins No. 16, 2003, s 30\nss 53A – 53C ins No. 16, 2003, s 30\namd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 53D ins No. 16, 2003, s 30\namd No. 44, 2014, s 98; No. 4, 2020, s 49\npt 6B hdg ins No. 44, 2014, s 99\ns 53E ins No. 16, 2003, s 30\nsub No. 44, 2014, s 99; No. 4, 2020, s 42\nss 53F – 53G ins No. 44, 2014, s 99\nsub No. 4, 2020, s 42\n\nENDNOTES\nPrivate Security Act 1995 52\nss 53GA –\n53GE ins No. 4, 2020, s 42\ns 53H ins No. 44, 2014, s 99\namd No. 4, 2020, s 43\ns 53J ins No. 44, 2014, s 99\nrep No. 4, 2020, s 44\ns 54 amd No. 16, 2003, s 31\ns 56 amd No. 16, 2003, s 32; No. 44, 2014, s 103; No. 4, 2017, s 34; No. 4, 2020,\ns 49\ns 57 amd No. 16, 2003, s 33; No. 44, 2014, s 100\ns 58 amd No. 16, 2003, s 34; No. 44, 2014, s 103; No. 4, 2020, s 49\ns 59 amd No. 11, 2005, s 24; No. 44, 2014, s 103; No. 4, 2020, s 45\ns 60 amd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 61 sub No. 44, 2014, s 101\namd No. 4, 2020, s 46\nss 62 – 64 rep No. 16, 2003, s 35\ns 65 amd No. 44, 2014, s 103; No. 4, 2020, s 49\ns 66 amd No. 16, 2003, s 36; No. 44, 2014, s 103; No. 4, 2020, s 49\npt 8 hdg ins No. 44, 2014, s 102\npt 8\ndiv 1 hdg ins No. 44, 2014, s 102\ns 67 ins No. 44, 2014, s 102\npt 8\ndiv 2 hdg ins No. 44, 2014, s 102\nss 68 – 69 ins No. 44, 2014, s 102\npt 8\ndiv 3 hdg ins No. 44, 2014, s 102\nss 70 – 72 ins No. 44, 2014, s 102\npt 8\ndiv 4 hdg ins No. 44, 2014, s 102\nss 73 – 77 ins No. 44, 2014, s 102\npt 8\ndiv 5 hdg ins No. 44, 2014, s 102\nss 78 – 80 ins No. 44, 2014, s 102\npt 9 hdg ins No. 4, 2020, s 47\nss 81 – 85 ins No. 4, 2020, s 47\nsch ins No. 44, 2014, s 102\namd No. 4, 2020, s 48","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1995 framework through two major administrative restructuring amendments (2014 and 2020). Parts 8 and 9 are entirely transitional machinery provisions dealing with the abolition of the Northern Territory Licensing Commission, the creation and subsequent abolition of the Director-General of Licensing position, and the transfer of functions to the new Director of Private Security Regulation. Additionally, the Act's substantive scope has expanded through: (1) the addition of Part 6A (Complaints) in 2003; (2) Part 6B (Review of Decisions) in 2014; (3) Part 1A (Administration) in 2020; and (4) the flexible 'declared categories' mechanism in section 8 allowing extension to occupations like locksmiths or security system installers. The original Act was a straightforward licensing scheme; it is now a comprehensive regulatory framework with multiple layers of administrative review, transitional safeguards, and expandable occupational coverage."},"complexity_factors":["Multiple transitional parts (Parts 8 and 9) dealing with machinery of government changes from 2014 and 2020, creating parallel historical legislative frameworks","Conditional application of the Act — section 9 creates a 'switched off' default for security firms and officers unless Minister declares application","Extensive cross-referencing to other Acts including Criminal Records (Spent Convictions) Act 1992, Liquor Act 2019, Fines and Penalties (Recovery) Act 2001, and Bail Act 1982","Nested definitions — 'security provider' encompasses crowd controllers, security officers, and security firms, with further conditional classes possible via Gazette notice (section 8)","Dual-track licensing with provisional licences (time-limited, training-pending) and full licences, with automatic conversion provisions (section 18(5))","Complex appropriateness test for licensing (section 15) combining discretionary factors, mandatory disqualifications, and Tribunal override provisions (section 53H)","Multiple review pathways — internal review by Director (Part 6B), Tribunal review, and historical references to Local Court appeals in transitional provisions","Vicarious liability provisions (section 55) distinguishing between direct employers and security firms with complex deeming provisions","Exemption powers (section 65) allowing Director to exempt classes of persons or activities, subject to regulatory constraints","Interaction between spent convictions legislation and this Act's explicit permission to retain and use spent conviction records for licensing purposes (section 11(4))"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law that regulates the private security industry — think bouncers at pubs, security guards patrolling buildings, and security companies that hire them out. It sets up a licensing system to ensure these people are fit for the job and don't pose risks to the public.\n\n**Who it affects:**\n\n*   **Crowd controllers** (commonly called bouncers) — people who manage entry, check behaviour, or remove troublemakers from licensed venues, entertainment venues, or public events.\n*   **Security officers** — people paid to patrol or guard someone else's property.\n*   **Security firms** — businesses that supply crowd controllers or security officers to other people.\n*   **The Director of Private Security Regulation** — the government official who runs the licensing system, keeps registers, and handles complaints.\n*   **Employers** — pubs, clubs, and businesses that hire security staff.\n\n**Key requirements:**\n\n*   **You need a licence** to work as a crowd controller or security officer, or to run a security firm (unless the Minister hasn't yet declared that part of the Act applies — see below).\n*   **You must be 18** and pass background checks. You can't get a licence if you've been convicted of certain serious crimes (\"disqualifying offences\") in the past 10 years, though a special tribunal can override this in exceptional cases.\n*   **Training is mandatory** — you need to complete approved courses and hold a current first aid certificate (for crowd controllers and security officers).\n*   **Licences have conditions** — the Director can attach rules to your licence, and you must wear prescribed identification when working.\n\n**Enforcement and oversight:**\n\n*   **Inspectors** can enter public places, inspect documents, seize evidence, and demand names and information. Police are automatically inspectors.\n*   **Complaints** can be made about security providers. The Director can investigate, fine, reprimand, suspend, or cancel licences.\n*   **Review rights** — if the Director (or their delegate) makes a decision against you, you can ask the Director to review it, and then appeal to the Civil and Administrative Tribunal.\n\n**Why it matters:**\n\nThis law tries to balance public safety with fair process. It keeps dodgy operators out of the security industry while giving legitimate workers a clear path to licensing and appeal. It also protects the public by ensuring security staff are trained, identifiable, and accountable for their actions.\n\n**Note on scope:** The Act has a peculiar feature — it only applies to security firms and security officers if the Minister specifically declares it by notice in the Gazette (official government publication). Crowd controllers are covered automatically. The Minister can also extend the Act to other classes of people (like locksmiths or alarm installers) after conducting a review."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act's practical scope has broadened beyond a simple licensing law for guards and doormen. Amendments and insertions have: (a) created a permanent Director regulatory office and detailed administrative machinery (Part 1A, ss 10–10B); (b) introduced a formal code/competency and training regime and a provisional licence pathway (ss 48, 53, 15, 23); (c) expanded enforcement and inspector powers and associated evidentiary/confidentiality rules (ss 35–46, 58–60); (d) added a structured complaints and internal review regime plus Tribunal appellate pathway (Parts 6A and 6B, ss 53A–53GE); and (e) inserted flexible mechanisms for adding new regulated classes and for the executive to alter application via regulations and Gazette notices (s 8, s 66). These changes materially increase the regulatory reach, administrative discretion and compliance obligations compared with a bare licensing statute limited to a small set of licence types."},"complexity_factors":["Lengthy Act with many Parts (9 Parts plus Schedule and extensive Endnotes)","Large number of defined terms in section 3 and throughout (eg. security provider, provisional licence, disqualifying offence, reviewable decision)","Multiple licence types and pathways (provisional licences, full licences, firm licences) with separate eligibility and validity rules (ss 12A, 15, 17, 23)","Extensive cross‑references to other statutes and Regulations (eg. Criminal Records (Spent Convictions) Act 1992, Liquor Act 2019, Tribunal and Police Acts)","Numerous conditional powers and layered procedures (show‑cause process for amendment, suspension, cancellation in ss 20, 27)","Administrative discretion with exceptions and safeguards (Director's absolute discretion s 15(8), Tribunal power under s 53H)","Complex inspection and enforcement regime with multiple offences and penalty scales (ss 35–46, penalties across ss 13, 19, 22, 43–46)","Multiple transitional and saving Parts (Part 8 and Part 9) that change review and complaints regimes and interact with earlier amendments","Regulation‑making powers that delegate significant detail to subordinate instruments (s 66)"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes a licensing and regulatory scheme for people and businesses that provide private security services in the Northern Territory. It defines three core licence types: crowd controller, security officer and security firm, and allows the Minister to add other classes by Gazette notice (see sections 3, 4, 5–7, 8). \n\n- Requires people and firms to hold the appropriate licence before acting, advertising or being paid to perform security functions (s 13). Penalties are set for unlicensed practice and for contravening licence conditions (ss 13, 19). \n\n- Creates an administrative regulator: the Director of Private Security Regulation (the Director). The Director keeps public registers (with some limits for spent convictions), approves forms, issues licences, sets licence conditions, and enforces the Act (ss 10, 11, 14–19, 61). The Director may delegate many powers to public sector employees (s 10A). \n\n- Sets eligibility and suitability rules for licences (s 12A, s 15). Key rules include: minimum age 18 (s 12A); training and competency standards for full licences (s 15(4), s 53); criminal-history checks via police (s 14(5), s 16); and a 10‑year disqualification window after conviction for defined \"disqualifying offences\" (s 15(7)). The Tribunal can, in limited cases, permit a licence despite a disqualifying conviction (s 53H). \n\n- Provides a provisional licence pathway allowing people to work temporarily pending completion of approved training (s 15(3), s 23(3)). Provisional licences are time‑limited and may be extended once (s 23(3)–(5)). \n\n- Gives the Director powers to impose, amend, suspend, cancel or refuse renewal of licences on specified grounds (ss 19, 20, 26–29). The Director must give show-cause notices and reasons before most adverse actions; immediate suspension is permitted where justified (s 27). Review and appeal routes are available: internal review by the Director of delegate decisions and appeal to the Civil and Administrative Tribunal after internal review (Part 6B, ss 53E–53GE). \n\n- Establishes inspector powers for compliance and enforcement: identity cards, entry to premises with consent or into public places, searches and seizure where reasonable grounds exist, requirements to produce documents and to answer questions, and penalties for obstruction or providing false information (ss 35–46, 39–46). \n\n- Provides regulatory tools for standards and behaviour: Minister-approved codes of practice and competency standards (ss 48, 53). If a business contravenes an approved code, the Director may seek undertakings and, if those fail, the Tribunal can make orders (ss 49–51). Training and first-aid certificate requirements can be made mandatory for renewal of some licences (s 24(4), s 53). \n\n- Sets employer and firm liability rules. Generally an employer is responsible for the acts of an employee security provider (s 55(1)). If services are supplied through a security firm that receives reward, the firm (not the host employer) is principally responsible (s 55(2)). Employers must keep incident registers for crowd controllers (s 56). \n\n- Provides confidentiality protections over information obtained in administration of the Act and authorises limited information release to other licensing bodies and police (ss 11(5), 58). \n\n- Grants the Administrator/Executive power to make detailed Regulations (s 66) and reserves limited exemptions to the Director (s 65).\n\n**Who it affects**\n\n- Individuals who work as crowd controllers or security officers in the Territory: they must be licensed, meet training and fitness standards, carry identification and comply with licence conditions (ss 5–6, 13, 19, 54). \n\n- Corporations, partnerships and sole traders supplying security services (security firms): they need a firm licence if the Minister has declared the Act applies to firms/officers (s 9) and must ensure officers and partners meet suitability tests (s 17). \n\n- Employers who hire security providers: they may bear legal responsibility for the acts of security providers they employ, unless the service is supplied by a licensed security firm that receives reward (s 55). They must keep records for crowd controller engagements (s 56). \n\n- Police and Tribunal: the Act creates formal interactions with both — police provide criminal-history information to the Director (ss 14(5), 16(3)), and the Tribunal is the final review body for many licence decisions (Part 6B, s 53GE). \n\n- The Director/agency staff and appointed inspectors: they carry out licensing, inspections, investigations and enforcement (ss 10, 35–39). \n\n**Why it matters (official purpose claim and testing it against costs and trade‑offs)**\n\nOfficially, the Act exists to regulate private security services (long title and s 1). The law aims to make sure security providers are trained, fit, and accountable, and to give a regulator powers to enforce standards (see ss 48, 53, 26–29). Practical consequences and trade-offs: \n\n- Compliance costs and barriers to entry: the scheme imposes direct costs (fees, police checks s 14(5), approved training s 53) and administrative tasks (registers s 11, incident registers s 56, producing licences s 22). These raise the cost of operating for individuals and small providers and can act as barriers to new entrants. \n\n- Skills and safety vs pricing/productivity: mandatory training, competency standards and first‑aid requirements (ss 53, 24(4)) likely raise the baseline skill level of the workforce. That may increase labour costs and hourly rates charged to customers but can increase quality and reduce liability risks. \n\n- Concentrated benefits, diffuse costs: business groups and incumbent firms can participate in drafting or proposing codes of practice and competency standards (s 48(2)–(3), s 53(2A)). The mechanism permits industry input, which can benefit organised industry players able to shape standards; the costs of compliance fall on all providers including smaller operators. \n\n- Administrative discretion and decision risk: the Director has broad powers (s 10A delegation, ss 19, 20, 26–27) including an absolute discretion ground to refuse licences where the Director believes someone \"likely to be of bad character\" (s 15(8)). Broad discretion increases regulatory uncertainty and creates implementation risk unless accompanied by transparent guidelines and timely reviews (Part 6B). The Tribunal can override criminal‑history refusals in specified circumstances (s 53H), which creates a safety valve. \n\n- Effects on contract freedom and business models: the Act restricts unlicensed activity (s 13) and ties liability to who pays/security firm arrangements (s 55). That will influence contractual arrangements between venues, employers and security firms because liability shifts depending on who receives payment. \n\n- Enforcement intensity and privacy tension: inspectors have significant investigatory powers (ss 38–46) and the Director keeps registers accessible to the public (s 11), with careful carve‑outs for spent convictions (s 11(3)–(4)). This creates transparency but also privacy and administrative burdens.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: licence applicants and holders (fees, training costs, compliance and recordkeeping), employers (registers, possible liability), and security firms (if they supply services and receive payment they assume primary liability under s 55(2)). The public sector bears administrative costs of the regulator and inspectors. \n\n- Who decides: the Minister sets policy direction (codes, classes to be regulated under s 8), the Director administers licensing, conditions, enforcement and registers (ss 10, 19, 11), and the Tribunal adjudicates some appeals and can grant licences despite disqualifying convictions (s 53H). Police supply criminal‑history information (s 16). \n\n- Behaviour changes required: prospective security providers must obtain and retain licences, complete prescribed training, submit to police checks and follow codes of practice; employers and firms must document engagements and manage liability; inspectors will exercise compliance checks; and industry may engage in code/competency consultations (s 48). \n\n**Concrete mechanisms that concentrate benefits or create risks (source‑based)**\n\n- Minister and Director approval of codes and competency standards (ss 48, 53) creates a formalised channel for industry input; this is a mechanism by which organised industry participants can shape compliance requirements. \n\n- Section 8 (Minister may declare new classes) and section 66 (Regulations can exempt particular activities or specify licence content) give the executive scope to alter which activities are regulated and the detail of obligations — a mechanism that can expand or contract the regulated population without primary‑legislative change. \n\n- Director's absolute discretion to refuse licences on character grounds (s 15(8)) and the administrative show‑cause and suspension processes (ss 20, 27) concentrate decision power in the regulator; judicial or Tribunal review is available but follows internal review (Part 6B). \n\n**Implementation risk and compliance burden**\n\n- The scheme relies on effective Director decision‑making, timely training availability (provisional licence timing s 23), and accessible reviews (Part 6B). Delays or inconsistent exercise of discretion may raise opportunity costs for workers and businesses. \n\n- Recordkeeping, police checks, training and potential semen of fines/penalties (multiple sections) create ongoing administrative burdens for licensees and employers.\n\n(Primary references: ss 3–13, 14–19, 20–29, 35–46, 48–53, 55–66, Schedule.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/private-security-act-1995","history":"/api/acts/private-security-act-1995/history","analysis":"/api/acts/private-security-act-1995/analysis","conflicts":"/api/acts/private-security-act-1995/conflicts","importantCases":"/api/acts/private-security-act-1995/important-cases","documents":"/api/acts/private-security-act-1995/documents"}}