{"id":"security-and-investigation-industry-act-1995","name":"Security and Investigation Industry Act 1995","slug":"security-and-investigation-industry-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109881,"registerId":"sa-security-and-investigation-industry-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences","content":"Part 2—Licences\n6—Obligation to be licensed\n\t(1)\tA person must not—\n\t(a)\tcarry on business, or otherwise act, as a security agent or investigation agent except as authorised by a licence under this Part; or\n\t(ab)\tpersonally provide security industry training except as authorised by a licence under this Part; or\n\t(b)\tadvertise or otherwise hold himself or herself out as being entitled to carry on business, or to otherwise act, as a security agent or investigation agent or to personally provide security industry training unless authorised to so act by a licence under this Part.\nMaximum penalty: \n\t(a)\tfor an offence committed by a natural person—\n\t(i)\tfor a first or second offence—$50 000; or\n\t(ii)\tfor a third or subsequent offence—$50 000 or 12 months imprisonment or both; or\n\t(b)\tfor an offence committed by a body corporate—$250 000.\n\t(2)\tA person required to be licensed as an agent is not entitled to any fee or other consideration in respect of functions performed in the course of carrying on business as an agent unless—\n\t(a)\tthe person was authorised by a licence to perform the functions in the course of carrying on business as an agent; or\n\t(b)\ta court hearing proceedings for recovery of the fee or other consideration is satisfied that the person's failure to be so authorised resulted from inadvertence only.\n7—Grant of licence\n\t(1)\tSubject to this Act, the Commissioner may, on application by a person, grant a security agents licence, an investigation agents licence or a security industry trainers licence to the person.\n\t(2)\tThe Commissioner may, at the applicant's request, grant the licence (a temporary licence) for a limited term (not exceeding 12 months).\nSubsection (2) had not come into operation at the date of the publication of this version.\n7A—Licence conditions\n\t(1)\tA security agents licence or an investigation agents licence may be subject to a condition or conditions of the following kinds:\n\t(a)\trestricted functions condition: a condition limiting the functions that may be performed under the authority of the licence;\n\t(b)\temployee condition: a condition preventing the holder of the licence from carrying on business as an agent;\n\t(c)\temployee (supervision) condition: if the licence is subject to an employee condition, a condition requiring the holder of the licence to perform functions as an agent only under the supervision of a natural person who holds and has held, for a minimum period specified by the Commissioner in writing, a licence authorising the person to perform those functions personally without supervision;\n\t(d)\tpartnership condition: a condition preventing the holder of the licence from carrying on business as an agent except in partnership with a person specified in the licence or some other person approved by the Commissioner;\n\t(e)\tpartnership (business only) condition: if the licence is subject to a partnership condition, a condition preventing the holder of the licence from personally performing functions as an agent;\n\t(f)\ttraining condition: a condition requiring the holder of the licence to satisfactorily complete a course of training, or gain experience, within a period, as specified by the Commissioner in writing.\n\t(2)\tA security industry trainers licence may be subject to a condition limiting the functions that may be performed under the authority of the licence (a restricted functions condition).\n\t(3)\tConditions—\n\t(a)\tmay be imposed by the Commissioner—\n\t(i)\ton the grant of the licence; or\n\t(ii)\tat any time on application by the holder of the licence; and\n\t(b)\tmay be varied or revoked by the Commissioner at any time on application by the holder of the licence.\n\t(4)\tWithout limiting subsection (3), a variation or revocation of a restricted functions condition may effect the expansion or contraction of the functions that may be performed under the authority of the licence.\n\t(5)\tIf the Commissioner is not satisfied that a training condition has been complied with, the Commissioner may, by notice in writing to the holder of the licence at any time after the period specified for the satisfactory completion of the course of training or gaining the experience, cancel the licence.\nSubsections (1)(f) and (5) had not come into operation at the date of the publication of this version.\n7B—Duration of licence\nA licence remains in force (except for any period for which it is suspended) until—\n\t(a)\tthe licence is surrendered or cancelled; or\n\t(b)\tthe licensed agent or licensed security industry trainer dies or, in the case of a licensed body corporate, is dissolved; or\n\t(c)\tin the case of a temporary licence—the term of the licence expires.\nParagraph (c) had not come into operation at the date of the publication of this version.\n7C—Annual fee and return\n\t(1)\tA licensed agent or licensed security industry trainer must, each year not later than the date fixed by regulation—\n\t(a)\tpay to the Commissioner the fee fixed by regulation; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(2)\tIf a licensed agent or licensed security industry trainer fails to pay the annual fee or lodge the annual return in accordance with subsection (1), the Commissioner may, by notice in writing, require the agent or trainer to make good the default.\n\t(3)\tIf the agent or security industry trainer fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence of the agent or trainer is cancelled.\n\t(4)\tThe Commissioner must notify the agent or trainer in writing of the cancellation of the licence of the agent or trainer.\nlicensed agent includes a licensed agent whose licence has been suspended but does not include a person who holds a temporary licence;\nlicensed security industry trainer includes a licensed security industry trainer whose licence has been suspended but does not include a person who holds a temporary licence.\n7D—Surrender of licence\nA licensed agent or licensed security industry trainer may surrender the licence.\n8—Application for licence\n\t(1)\tAn application for a licence must—\n\t(a)\tbe made to the Commissioner in the manner and form approved by the Commissioner; and\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(2)\tAn applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant, or, if the applicant is a body corporate, each director of the body corporate, and any other information required by the Commissioner for the purposes of determining the application.\n\t(3)\tIf the Commissioner is not in possession of a suitable photograph of an applicant for a licence who is a natural person, the Commissioner must require an applicant for a licence who is a natural person to attend at a specified place for the purpose of having the applicant's photograph taken or to supply the Commissioner with 1 or more photographs of the applicant as specified by the Commissioner.\n\t(3a)\tSubject to subsection (3b), the Commissioner must require the following persons to make arrangements to have their fingerprints taken:\n\t(a)\tan applicant for a security agents licence or security industry trainers licence who is a natural person;\n\t(b)\teach director of a body corporate that is an applicant for a security agents licence.\n\t(3b)\tThe Commissioner need not impose a requirement in respect of fingerprints if the Commissioner is satisfied that the person's fingerprints have been taken (whether in or outside this State) and information relating to the identity, antecedents and criminal history of the person relevant to whether the application should be granted has been provided to the Commissioner.\n\t(3c)\tThe Commissioner may require an applicant for a security agents licence authorising the performance of the function of controlling crowds who is a natural person to take part, at the cost of the applicant, in an approved psychological assessment.\n\t(4)\tIf an applicant for a licence, or, if the applicant is a body corporate, a director of the body corporate, has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.\n\t(5)\tThe Commissioner may, by notice in writing, require a person, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(6)\tIf the person fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application.\n8A—Applications for security agents licence or security industry trainers licence to be furnished to Commissioner of Police\n\t(1)\tSubject to this section, the Commissioner must, in relation to each application for a security agents licence or security industry trainers licence—\n\t(a)\tgive the Commissioner of Police a copy of the application; or\n\t(b)\tnotify the Commissioner of Police of the identity of the applicant or, if the applicant is a body corporate, the identity of each director of the body corporate.\n\t(1a)\tThe Commissioner need not comply with subsection (1) in respect of a person if—\n\t(a)\tthe person is the holder of a security agents licence or security industry trainers licence; or\n\t(b)\tthe Commissioner is satisfied that the person has been the subject of a process that substantially corresponds to that required by subsection (1) by reason of being the holder, or the director of a body corporate that is the holder, of an authorisation under the law of another State or a Territory of the Commonwealth that substantially corresponds to a security agents licence or security industry trainers licence.\n\t(2)\tAs soon as reasonably practicable following receipt of an application, or information in respect of an application, and the taking of fingerprints if required, the Commissioner of Police—\n\t(a)\tmust make available to the Commissioner such information about criminal convictions, and, if fingerprints are taken, about identity, antecedents and criminal history, as the Commissioner of Police considers relevant to whether the application should be granted; and\n\t(b)\tmay make available to the Commissioner such other information to which the Commissioner of Police has access and considers relevant to whether the application should be granted.\n\t(3)\tThe Commissioner of Police may, following receipt of an application, or information in respect of an application, under subsection (1), object to the application by notice in writing provided to the Commissioner within the prescribed period.\n\t(4)\tA notice of objection under subsection (3) must state grounds for the objection.\n\t(5)\tSubject to section 5B, a copy of the notice of objection must be served by the Commissioner on the applicant as soon as reasonably practicable after the notice is received by the Commissioner.\n\t(6)\tThe Commissioner must, before deciding whether to grant or refuse the application, give the applicant a reasonable opportunity to respond to the notice of objection.\n9—Determination of application for licence\n\t(1)\tSubject to this Act, a natural person is eligible to be granted a licence if the person, on application to the Commissioner, satisfies the Commissioner that he or she—\n\t(a)\thas the qualifications and experience determined by the Commissioner to be necessary for the purposes of the licence having regard to—\n\t(i)\tthe functions proposed to be authorised by the licence; and\n\t(ii)\twhether the applicant has made, or proposes to make, a related application for a firearms licence; and\n\t(iii)\twhether the licence is to be subject to an employee (supervision) condition; and\n\t(iv)\tany other factor considered relevant by the Commissioner; and\n\t(d)\tis a fit and proper person to be the holder of the licence; and\n\t(e)\tin the case of a licence not to be subject to an employee condition—\n\t(i)\tis not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and\n\t(ii)\thas not, during the period of five years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—\n\t(A)\twhen the body was being so wound up; or\n\t(B)\twithin the period of six months preceding the commencement of the winding up; and\n\t(iii)\thas sufficient business knowledge and experience and financial resources for the purpose of properly carrying on business under the licence.\n\t(2)\tSubject to this Act, a body corporate is eligible to be granted a licence if the body corporate, on application to the Commissioner, satisfies the Commissioner that—\n\t(a)\tthe body corporate—\n\t(i)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(ii)\tis not being wound up and is not under official management or in receivership; and\n\t(b)\tno director of the body corporate has, during the period of 5 years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—\n\t(i)\twhen the body was being so wound up; or\n\t(ii)\twithin the period of 6 months preceding the commencement of the winding up; and\n\t(c)\tthe directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business carried on under the licence; and\n\t(d)\tthe body corporate has sufficient financial resources for the purpose of properly carrying on business under the licence; and\n\t(e)\teach director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence.\n\t(3)\tIf, on an application by a person for a licence, the Commissioner—\n\t(a)\tis not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources; but\n\t(b)\tis satisfied that the applicant proposes to carry on business as an agent in partnership with a person who does meet the requirements not satisfied by the applicant,\nthe Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to a partnership condition.\n\t(4)\tIf a licence is to be granted subject to a partnership condition to an applicant who does not have the qualifications and experience required under subsection (1)(a), the licence is also to be subject to a partnership (business only) condition.\n\t(5)\tIf the Commissioner of Police has objected under section 8A(3) to an application for a security agents licence or security industry trainers licence, the Commissioner must take into consideration the grounds for the objection when assessing the application.\n\t(6)\tAn application for a security agents licence or security industry trainers licence can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest.\n\t(7)\tAn application for a licence need not be determined if the applicant for the licence or a director of a body corporate that is the applicant for the licence is subject to a charge of a prescribed offence.\n11—Appeals\n\t(1)\tAn applicant for a licence may appeal to the Court against a decision of the Commissioner refusing the application or imposing a condition on the licence.\n\t(1aa)\tThe holder of a licence may appeal to the Court against a decision of the Commissioner refusing to vary or revoke a condition of the licence.\n\t(1a)\tThe Commissioner of Police may appeal to the Court against a decision of the Commissioner granting an application for a security agents licence or security industry trainers licence.\n\t(2)\tSubject to subsection (4), an appeal must be instituted within one month of the making of the decision appealed against.\n\t(3)\tSubject to section 5B, the Commissioner must, if so required by the applicant or the Commissioner of Police, state in writing the reasons for the Commissioner's decision.\n\t(4)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant or the Commissioner of Police (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the applicant receives the written statement of those reasons.\n11A—Power of Commissioner to require photograph and information\n\t(1)\tThe Commissioner may, by notice in writing, require a natural person who is a licensed agent or licensed security industry trainer, within a time fixed by the notice (which may not be less than 28 days after service of the notice)—\n\t(a)\tat least once in every 10 years—\n\t(i)\tto attend at a specified place for the purpose of having the agent's or trainer's photograph taken; or\n\t(ii)\tto supply the Commissioner with one or more photographs of the agent or trainer as specified by the Commissioner; and\n\t(b)\tnot more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the agent or trainer and information about any other specified matters.\n\t(2)\tThe Commissioner may, by notice in writing, require a body corporate that is a licensed agent, within a time fixed by the notice (which may not be less than 28 days after service of the notice) but not more than once in each year, to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of each director of the body corporate, and information about any other specified matters.\n\t(3)\tIf a licensed agent or licensed security industry trainer fails to comply with a notice under subsection (1) or (2), the Commissioner may, by notice in writing, require the agent or trainer to make good the default.\n\t(4)\tIf the agent or trainer fails to comply with the notice under subsection (3) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence of the agent or trainer is cancelled.\n\t(5)\tThe Commissioner must notify the agent or trainer in writing of the cancellation of the licence of the agent or trainer.\n\t(6)\tIn this section—\nlicensed agent includes a licensed agent whose licence has been suspended;\nlicensed security industry trainer includes a licensed security industry trainer whose licence has been suspended.\n11B—Licence endorsements\n\t(1)\tThe regulations may—\n\t(a)\tprescribe what an endorsement on a licence under this Act indicates; and\n\t(b)\tinclude provisions of a transitional nature on the making, variation or revocation of a regulation prescribing what an endorsement on a licence under this Act indicates, including provisions that require a licence of a specified class to be taken to be endorsed with a particular endorsement or for a particular form of endorsement to be taken to be substituted with another form of endorsement.\n\t(2)\tIn legal proceedings, an endorsement on a licence under this Act (whether granted before or after the commencement of a regulation prescribing what the endorsement indicates) will be taken, in the absence of proof to the contrary, to indicate the matter prescribed by the regulations.\n\t(3)\tThe Commissioner may, by notice in writing to the holder of a licence under the Act, require the holder to produce the licence for the purposes of including, varying or removing an endorsement.\n\t(4)\tA person who, without reasonable excuse, fails to produce his or her licence in accordance with subsection (3) is guilty of an offence.\nendorsement means any description, code or image displayed on a licence.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regulation of activities","content":"Part 3—Regulation of activities\n12A—Employment of security agents or investigation agents\n\t(1)\tA person (whether licensed under this Act or not) must not employ another as a security agent or investigation agent under a contract of service to perform functions of a particular kind unless that other person holds a licence authorising him or her to personally perform functions of that kind.\n\t(2)\tA person (whether licensed under this Act or not) must not engage another to perform the function of controlling crowds unless the person personally performing the function holds a licence authorising him or her to do so.\n13—Operation of licensed agent's business\n\t(1)\tA licensed agent that is a body corporate must ensure that the agent's business is (with respect to the functions authorised by the licence) properly managed and supervised by a natural person who holds a licence authorising the person to perform those functions personally without supervision.\n\t(2)\tA licensed agent authorised to carry on business under the licence must ensure that functions performed in the course of the business are performed by natural persons who hold licences authorising them to perform those functions personally.\n14—Accounts of licensed agent\nA licensed agent must keep accounts as required by the regulations.\n15—Licensed agent not to purport to have powers outside licence\n\t(1)\tA licence does not confer on an agent power or authority to act in contravention of, or in disregard of, law or rights or privileges arising under or protected by law.\n\t(2)\tA licensed agent must not hold himself or herself out as having a power or authority by virtue of the licence that is not in fact conferred by the licence.\n16—Prohibition against assisting another to pretend to be agent\nA person (whether licensed under this Act or not) must not supply or lend a document or form or provide other assistance to another person for the purpose of enabling that other person falsely to pretend to be an agent, or a person who, in the course of a business, performs any of the functions of an agent.\n17—Misrepresentation\nAn agent who makes a false, misleading or deceptive representation, or conceals a material fact, for the purpose of inducing another person to enter into an agreement or contract in connection with the performance of any of the functions of an agent is guilty of an offence.\n18—Name in which licensed agent may carry on business\nA person must not carry on business as an agent under a licence except in the name appearing in the licence or in a business name registered by the person in accordance with the provisions of the Business Names Registration Act 2011 of the Commonwealth of which the Commissioner has been given prior notice in writing.\n19—Publication of advertisements by licensed agent\nA person carrying on business as an agent under a licence must not publish, or cause to be published, an advertisement relating to the business (other than an advertisement relating solely to the recruiting of staff) unless the advertisement specifies the name of the agent appearing in the licence or a registered business name in which the agent carries on business as an agent and of which the Commissioner has been given prior notice in writing.\n20—Licence or identification to be carried or displayed\n\t(1)\tA natural person who is a licensed agent must, at all times when performing functions under the licence, carry his or her licence and produce it forthwith if requested to do so by—\n\t(a)\ta police officer; or\n\t(b)\tthe Commissioner; or\n\t(c)\ta person appointed as an authorised officer under the Fair Trading Act 1987; or\n\t(d)\ta person with whom the agent has dealings as an agent.\n\t(2)\tA natural person who is—\n\t(a)\ta licensed security agent authorised to perform the function of controlling crowds; or\n\t(b)\tan agent of a class specified by the regulations,\nmust comply with the requirements of the regulations about the wearing of identification or a uniform (or both).\n21—Limitations on settling claims relating to motor vehicles\n\t(1)\tSubject to this section, a person required to be licensed as an agent must not, when acting on behalf of another, settle or compromise or attempt to settle or compromise a claim in respect of loss or injury arising out of the use of a motor vehicle after proceedings have been instituted in a court in respect of that loss or injury.\n\t(2)\tThis section does not apply unless the process by which the proceedings are instituted has been served on the defendant to those proceedings.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) if it is proved that the defendant did not know, and could not by the exercise of reasonable diligence have discovered, that proceedings had been instituted in a court in respect of the loss or injury.\n22—Repossession of motor vehicles to be reported\nAn agent who takes possession of a motor vehicle that is subject to a security interest must—\n\t(a)\tas soon as practicable after taking possession of the motor vehicle, inform a police officer on duty at the police station nearest to the place where the agent took possession of the vehicle; and\n\t(b)\twithin 24 hours after taking possession of the motor vehicle, deliver or send by post to the police officer in charge of the police station nearest to the agent's address for service1, written particulars in duplicate of the motor vehicle, including particulars of the registered number of the vehicle.\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"See section 46(2).","content":"1\tSee section 46(2).\n23—Entitlement to be process server\n\t(1)\tA natural person must not—\n\t(a)\tcarry on business, or otherwise act, as a process server; or\n\t(b)\tadvertise or otherwise hold himself or herself out as being entitled to carry on business, or otherwise act, as a process server,\nunless the person—\n\t(c)\tis qualified in accordance with the regulations; and\n\t(d)\thas not been found guilty or convicted of an offence as prescribed by the regulations.\n\t(2)\tA process server (whether a natural person or body corporate) must not employ a person as a process server unless the person meets the requirements of subsection (1).\n23AAA—Entitlement to provide security industry training\n\t(1)\tA person must not carry on a business of providing security industry training unless the person has been approved by the Commissioner as a security industry training provider.\n\t(2)\tThe Commissioner must not approve a person as a security industry training provider unless the Commissioner is satisfied that the person, or, if the person is a body corporate, each director of the body corporate, would be a fit and proper person to hold a security industry trainers licence if the person were to apply for such a licence.\n\t(3)\tThe Commissioner may withdraw the approval of a person as a security industry training provider by notice in writing to the person if the Commissioner is satisfied that the person or, if the person is a body corporate, a director of the body corporate, would not be a fit and proper person to hold a security industry trainers licence if the person were to apply for such a licence or that the approval was obtained improperly.\n\t(4)\tAn application for an approval must—\n\t(a)\tbe made to the Commissioner in the manner and form approved by the Commissioner; and\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(5)\tAn applicant for an approval must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant or, if the applicant is a body corporate, each director of the body corporate, and any other information required by the Commissioner for the purposes of determining the application.\n\t(6)\tThe Commissioner may require an applicant for an approval, or, if the applicant is a body corporate, a director of the body corporate, to make arrangements to have his or her fingerprints taken.\n\t(7)\tIf an applicant for an approval, or, if the applicant is a body corporate, a director of the body corporate, has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.\n\t(8)\tThe Commissioner may require the holder of an approval as a security industry training provider, or, if the holder is a body corporate, a director of the body corporate—\n\t(a)\tto provide the Commissioner with such evidence as the Commissioner thinks appropriate as to identity, age and address; and\n\t(b)\tto make arrangements to have his or her fingerprints taken.\n\t(9)\tThe Commissioner may, by notice in writing, require a person, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(10)\tAs soon as reasonably practicable after fingerprints have been taken from a person pursuant to a requirement under this section, the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.\n\t(11)\tIf a person fails to comply with a notice under subsection (9)—\n\t(a)\tin the case of a requirement made in connection with an application for an approval—the Commissioner may without further notice, refuse the application but keep any fee that accompanied the application; and\n\t(b)\tin the case of a requirement made in connection with an existing approval—the Commissioner may, by notice in writing, require the person to make good the default.\n\t(12)\tIf the holder of an approval is a body corporate and a notice is given under subsection (11)(b) to a director of the body corporate, a copy of the notice must be given by the Commissioner to the body corporate.\n\t(13)\tIf a person fails to comply with a notice under subsection (11)(b) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the approval in respect of which the requirement is made is taken to be withdrawn.\n\t(14)\tThe Commissioner must notify the holder of the approval in writing of the withdrawal of the approval.\n23AA—Requirement to engage licensed security industry trainer\nA person must not employ or engage another to personally provide security industry training unless that other person holds a security industry trainers licence authorising him or her to personally provide training of the kind to be provided.\n","sortOrder":2},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Regulation of security agents and security industry trainers","content":"Part 3A—Regulation of security agents and security industry trainers\nDivision A1—Cancellation, suspension or variation of licence where eligibility criteria no longer met\n23AB—Commissioner may cancel, suspend or impose conditions on licence\n\t(1)\tIf the Commissioner is satisfied that events have occurred such that a licensed agent or security industry trainer would not be entitled to be so licensed if the person were to apply for a licence, the Commissioner may, by notice served on the person—\n\t(a)\tcancel the licence; or\n\t(b)\tsuspend the licence for a specified period or until the fulfilment of stipulated conditions; or\n\t(c)\timpose conditions on the licence.\n\t(2)\tIf, during the suspension of a licence under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(3)\tA person whose licence is cancelled, suspended or made subject to conditions under this section may appeal to the Court against the decision of the Commissioner to cancel or suspend the licence or to impose the conditions.\n\t(4)\tSubject to subsection (6), an appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(5)\tThe Commissioner must, if so required by the appellant, state in writing the reasons for the Commissioner's decision.\n\t(6)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the appellant (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.\n\t(7)\tThe Court must hear and determine an appeal under this section as expeditiously as possible.\n\t(8)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Other suspensions and cancellations","content":"Division 1—Other suspensions and cancellations\n23A—Circumstances in which Commissioner may suspend security agents licence or security industry trainers licence\n\t(1)\tSubject to section 23B, if—\n\t(a)\tthe holder of a security agents licence or security industry trainers licence, or a director of a body corporate that is the holder of a security agents licence, is charged with a prescribed offence; or\n\t(b)\tthe Commissioner is satisfied, for any other reason, that it would be contrary to the public interest if the holder of a security agents licence or security industry trainers licence were to continue to be licensed,\nthe Commissioner may, by notice in writing to the holder of the licence (a suspension notice), suspend the licence for a specified period or until further notice.\n\t(2)\tSuspension of a licence under this section takes effect immediately on service of a suspension notice advising that the licence has been suspended.\n\t(3)\tA person on whom a suspension notice has been served may, within the period of 21 days following service of the notice, make written representations to the Commissioner as to why his or her security agents licence or security industry trainers licence should not be suspended.\n\t(4)\tThe Commissioner must, at the end of the period of 28 days following service of a suspension notice under this section—\n\t(a)\tconfirm or revoke the suspension; and\n\t(b)\tadvise the holder of the licence in writing of the Commissioner's decision; and\n\t(c)\tif the holder of the licence has surrendered the licence and the Commissioner's decision is to revoke the suspension—return the licence to the holder of the licence.\n\t(5)\tThe Commissioner must, in determining whether to confirm or revoke suspension of a security agents licence or security industry trainers licence, have regard to any representations received from the holder of the licence under subsection (3).\n\t(6)\tThe Commissioner may, at any time, on his or her own initiative, or on application by a person whose licence is suspended, revoke the suspension of a security agents licence or security industry trainers licence under this section.\n23B—Circumstances in which Commissioner must suspend security agents licence\n\t(1)\tIf the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds is charged by a police officer or the Director of Public Prosecutions with a prescribed offence, the Commissioner must, by notice in writing to the holder of the licence (a suspension notice), suspend the licence until further notice.\n\t(2)\tSuspension of a licence under this section takes effect immediately on service of a suspension notice advising that the licence has been suspended.\n\t(3)\tSuspension of a licence under this section may not be revoked by the Commissioner unless—\n\t(a)\tthe holder of the licence has been found not guilty by a court of the criminal charges relevant to the licence having been suspended, or those charges have been withdrawn or dismissed; and\n\t(b)\tthe Commissioner is satisfied that revocation of the suspension would not be contrary to the public interest.\n\t(4)\tThe Commissioner must, as soon as reasonably practicable after becoming aware that all charges relevant to suspension of a licence under this section have been finalised—\n\t(a)\tconfirm or revoke the suspension; and\n\t(b)\tadvise the holder of the licence in writing of the confirmation or revocation; and\n\t(c)\tif the holder of the licence has surrendered the licence and the suspension is revoked—return the licence to the licence holder.\n23C—Content of suspension notice\n\t(1)\tA suspension notice must include—\n\t(a)\tsubject to section 5B, a statement of the Commissioner's reasons for the suspension; and\n\t(b)\tin the case of a notice under section 23A, a statement that—\n\t(i)\tthe Commissioner is required, at the end of 28 days following service of the notice, to confirm or revoke the suspension; and\n\t(ii)\tthe holder of the licence may, within 21 days of having received the notice, provide the Commissioner with reasons why the licence should not be suspended; and\n\t(c)\ta direction that the person must, within 7 days of service of the notice, surrender the suspended licence to the Commissioner.\n\t(2)\tA person who, without reasonable excuse, fails to surrender his or her licence in accordance with a direction under subsection (1) is guilty of an offence.\n23D—Service of suspension notice\n\t(1)\tSubject to this section, a suspension notice must be served personally on the person whose licence is to be suspended by the notice.\n\t(2)\tIf personal service cannot be effected promptly, it will be sufficient service for the notice—\n\t(a)\tto be left for the person with someone apparently over the age of 16 years; or\n\t(b)\tto be posted in an envelope addressed to the person,\nat the person's address for service.\n\t(3)\tThe person's address for service is the address of which the Commissioner has been last notified in writing by the person as the person's address for service.\n23E—Appeal\n\t(1)\tA person whose security agents licence or security industry trainers licence has been suspended under section 23A or 23B may appeal to the Court against the decision of the Commissioner to suspend the licence or any other decision made by the Commissioner under either of those sections in connection with the suspension.\n\t(1a)\tAn appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(2)\tThe Court must hear and determine an appeal under this section as expeditiously as possible.\n\t(3)\tIf an appeal under this section is not determined within 3 months of the commencement of the appeal, the suspension to which the appeal relates will, unless the Court orders otherwise, be stayed until the appeal is finally determined or withdrawn.\n23G—Cancellation of licence\n\t(1)\tIf the holder of a security agents licence or security industry trainers licence, or a director of a body corporate that is the holder of a security agents licence, is found guilty or convicted of an offence as prescribed by the regulations, the licence is cancelled and the licensee must, within 7 days of that finding, surrender the licence (if it has not already been surrendered) to the Commissioner.\n\t(2)\tA person who, without reasonable excuse, fails to surrender his or her licence in accordance with subsection (1) is guilty of an offence.\n23H—Review of licence\n\t(1)\tIf disciplinary action is taken on the prescribed number of occasions within the prescribed period against a person, or a number of persons, employed or otherwise engaged in the business of an agent carrying on business as a security agent, the Commissioner must review the licence of the agent to determine if the licence should be suspended or a complaint lodged in respect of the agent under section 26.\n\t(2)\tIn this section—\ndisciplinary action means—\n\t(a)\tsuspension or cancellation of a licence under this Part; or\n\t(b)\tdisciplinary action under section 29.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Alcohol and drug testing of agents authorised to control crowds","content":"Division 2—Alcohol and drug testing of agents authorised to control crowds\n23I—Definitions for this Division\nIn this Division—\nalcotest means a test by means of apparatus approved for the purpose of conducting alcotests under the Road Traffic Act 1961;\nanalyst means—\n\t(a)\ta person appointed as an analyst for the purposes of the Road Traffic Act 1961; or\n\t(b)\ta person holding an office of a class approved for the purposes of the Road Traffic Act 1961;\napproved blood test kit means a kit of a kind declared by the Governor by regulation to be an approved blood test kit for the purposes of the Road Traffic Act 1961;\nauthorised officer means an authorised officer under the Fair Trading Act 1987;\nbreath analysing instrument means apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961;\nbreath analysis means an analysis of breath by a breath analysing instrument;\nlicensee means the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds;\nprescribed concentration of alcohol means any concentration of alcohol in the blood.\n23J—Security agent authorised to control crowds may be required to undertake drug testing\n\t(1)\tA police officer or an authorised officer may, by notice in writing, direct a licensee to attend at a specified time and place for the purpose of undertaking a drug testing procedure to determine the level of any prescribed drug in any form in the blood or urine of the agent.\n\t(2)\tA notice under subsection (1) must specify what sample or samples are to be taken.\n\t(2a)\tIn the case of a drug testing procedure that involves the collection of a sample of urine, a police officer or an authorised officer may agree with the licensee on a different time or place to that specified in the notice under subsection (1).\n\t(3)\tA police officer or authorised officer may give directions reasonably required for purposes connected with the administration or enforcement of this section.\n\t(4)\tIf a sample of blood or urine given by a licensee under this section is found on analysis to be a non-complying sample (within the meaning of the regulations), the Commissioner or the Commissioner of Police may—\n\t(a)\tdetermine the costs and expenses of carrying out the analysis; and\n\t(b)\trecover the amount so determined from the licensee as a debt in a court of competent jurisdiction.\n\t(5)\tRegulations may be made under this section—\n\t(a)\tregulating the manner of taking and dealing with samples of blood and urine and their analysis; and\n\t(b)\tproviding for certificate evidence for use in any proceedings as to the taking and analysis of any urine or blood sample and the authority of a person to carry out an analysis; and\n\t(c)\trequiring a licensee to produce the prescribed form of identification at the time a sample of blood or urine is taken, and providing that a failure to do so is taken to be a failure to comply with a direction under this section.\n23K—Security agent authorised to control crowds may be required to undertake alcohol testing\n\t(1)\tA police officer may require a licensee, while performing the function of controlling crowds, to submit to an alcotest.\n\t(2)\tIf an alcotest conducted under subsection (1) indicates that the prescribed concentration of alcohol may be present in the blood of the licensee, a police officer may require the licensee to submit to a breath analysis.\n\t(3)\tPerformance of a breath analysis required under subsection (2) must be commenced within 2 hours of the licensee having submitted to the alcotest indicating that the prescribed concentration of alcohol may be present in the blood of the licensee.\n\t(4)\tThe regulations may prescribe the manner in which an alcotest or breath analysis is to be conducted and may, for example, require that more than one sample of breath is to be provided for testing or analysis and, in such a case, specify which reading of the instrument or apparatus will be taken to be the result of the alcotest or breath analysis for the purposes of this and any other Act.\n23L—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\nIf a licensee submits to an alcotest or a breath analysis and the alcotest apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.\n23M—Evidence etc\n\t(1)\tIf the requirements and procedures in relation to breath analysing instruments and breath analysis under this Act, including subsections (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the licensee at the time of the analysis.\n\t(2)\tNo evidence can be adduced in rebuttal of the presumption created by subsection (1) except—\n\t(a)\tevidence of the concentration of alcohol in the blood of the licensee as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures prescribed by regulation; and\n\t(b)\tevidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the licensee.\n\t(3)\tIf it is proved in proceedings that a concentration of alcohol was present in the licensee's blood at the time of a breath analysis, it must be conclusively presumed that that concentration of alcohol was present in the licensee's blood throughout the period of two hours immediately preceding the analysis.\n\t(4)\tAs soon as practicable after a licensee has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the licensee a statement in writing specifying—\n\t(a)\tthe reading produced by the breath analysing instrument; and\n\t(b)\tthe date and time of the analysis.\n\t(5)\tIf a licensee has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that licensee by the breath analysing instrument is the prescribed concentration of alcohol, the person operating the instrument must immediately—\n\t(a)\tgive the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and\n\t(b)\tat the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.\n\t(6)\tA certificate—\n\t(a)\tpurporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or\n\t(b)\tpurporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify that—\n\t(i)\tthe apparatus used by the authorised person was a breath analysing instrument within the meaning of this Act; and\n\t(ii)\tthe breath analysing instrument was in proper order and was properly operated; and\n\t(iii)\tthe provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,\nis, in the absence of proof to the contrary, proof of the matters so certified.\n\t(7)\tA certificate purporting to be signed by a police officer and to certify that an apparatus referred to in the certificate is or was of a kind approved under the Road Traffic Act 1961 for the purpose of performing alcotests is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(8)\tA certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(9)\tA certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(10)\tA certificate purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify that—\n\t(a)\ta person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and\n\t(b)\tthe breath analysing instrument produced a reading specified in the certificate; and\n\t(c)\ta statement in writing required by subsection (4) was delivered in accordance with that subsection,\nis, in the absence of proof to the contrary, proof of the matters so certified.\n\t(11)\tA certificate purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify—\n\t(a)\tthat, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and\n\t(b)\tthat the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (5)(a); and\n\t(c)\tthat—\n\t(i)\tthe person did not make a request for an approved blood test kit in accordance with the regulations; or\n\t(ii)\tat the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (5)(b),\nis, in the absence of proof to the contrary, proof that the requirements of subsection (5) were complied with in relation to the person.\n\t(12)\tA certificate purporting to be signed by a police officer and to certify that a person named in the certificate was, at the time of being directed to submit to an alcotest, performing the function of controlling crowds is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(13)\tA certificate purporting to be signed by a police officer and to certify that a person named in the certificate was required under this Division to submit to an alcotest or breath analysis and refused or failed to comply with all reasonable directions of a police officer in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified.\n23N—Commissioner of Police must report results of breath analysis to Commissioner\nThe Commissioner of Police must, as soon as reasonably practicable after a police officer has required a licensee to submit to an alcotest or breath analysis, provide a report to the Commissioner setting out—\n\t(a)\twhether or not the licensee complied with the requirement; and\n\t(b)\tif the licensee complied with the requirement—the result of the alcotest or analysis.\n23O—Cancellation of licence\n\t(1)\tThe Commissioner may, subject to this section, cancel a security agents licence if—\n\t(a)\tthe licensee fails, without reasonable excuse, to comply with—\n\t(i)\ta notice or direction under section 23J; or\n\t(ii)\ta requirement or direction under section 23K; or\n\t(b)\ta sample of the blood or urine of the licensee taken in accordance with section 23J is found on analysis to be a non-complying sample (within the meaning of the regulations); or\n\t(c)\tthe results of a breath analysis undertaken in accordance with this Division demonstrate that the prescribed concentration of alcohol was present in the licensee's blood at a time when the licensee was performing the function of controlling crowds.\n\t(2)\tThe Commissioner must, before exercising powers under subsection (1) in relation to a licensee—\n\t(a)\tgive written notice to the licensee of the proposed cancellation, including a statement of the reasons that the Commissioner considers justify the cancellation; and\n\t(b)\tallow the licensee a period of 14 days (or such longer period as the Commissioner may in a particular case allow) to show cause why the licence should not be cancelled.\n\t(3)\tAt the end of the period allowed by the Commissioner under subsection (2), the Commissioner must—\n\t(a)\tdetermine, having regard to any response received from the licensee, whether or not to proceed with cancellation of the licence; and\n\t(b)\tadvise the licensee by notice in writing of the Commissioner's determination.\n\t(4)\tA notice under subsection (3)(b) must, if the licence is to be cancelled, specify the date from which the cancellation is to take effect (which must be not less than 14 days from the date of the notice) and the grounds for the Commissioner's determination.\n23P—Surrender of licence\n\t(1)\tA person whose security agents licence has been cancelled under section 23O must, within 7 days of the date on which the cancellation takes effect, surrender the licence to the Commissioner.\n\t(2)\tA person who, without reasonable excuse, fails to surrender his or her licence in accordance with subsection (1) is guilty of an offence.\nMaximum penalty: $1 250.\n23Q—Appeal\n\t(1)\tA person whose security agents licence has been cancelled under section 23O may appeal to the Court against the decision of the Commissioner to cancel the licence.\n\t(2)\tAn appeal must be instituted within 1 month of the making of the decision appealed against.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Firearms","content":"Division 3—Firearms\n23R—Effect of suspension, cancellation or variation of firearms licence\n\t(1)\tIf—\n\t(a)\ta security agents licence authorises the performance of the function of protecting or guarding property, or keeping property under surveillance; and\n\t(b)\ta related firearms licence held by the holder of the security agents licence is suspended,\nthen the security agents licence is, insofar as it authorises the performance of that function while possessing or using a firearm, suspended for the period of suspension of the firearms licence.\n\t(2)\tIf—\n\t(a)\ta security agents licence authorises the performance of the function of protecting or guarding property, or keeping property under surveillance; and\n\t(b)\ta related firearms licence is cancelled or varied by removing the purpose relating to that function,\nthen the security agents licence is, insofar as it authorises the performance of that function while possessing or using a firearm, cancelled.\n\t(3)\tThe holder of a security agents licence that is suspended or cancelled under this section must return the licence to the Commissioner.\n\t(4)\tIf the security agents licence remains in force in relation to other functions, the Commissioner will vary the licence as necessary and return it to the holder of the licence.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Other requirements","content":"Division 4—Other requirements\n23S—Security agents, security industry trainers or directors may be required to provide fingerprints\n\t(1)\tThe Commissioner may, by notice in writing, require—\n\t(a)\tthe holder of a security agents licence, or, if the holder of a security agents licence is a body corporate, a director of the body corporate, to make arrangements to have his or her fingerprints taken; or\n\t(b)\tthe holder of a security industry trainers licence to make arrangements to have his or her fingerprints taken.\n\t(2)\tAs soon as reasonably practicable after fingerprints have been taken from a person pursuant to a requirement under subsection (1), the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.\n\t(3)\tIf a person fails to comply with a notice under subsection (1), the Commissioner may, by notice in writing, require the person to make good the default.\n\t(4)\tIf the holder of the licence is a body corporate and a notice is given under subsection (3) to a director of the body corporate, a copy of the notice must be given to the body corporate.\n\t(5)\tIf a person fails to comply with a notice under subsection (3) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence is cancelled.\n\t(6)\tThe Commissioner must notify the holder of the licence in writing of the cancellation of the licence.\n\t(7)\tIn this section—\nholder of a licence includes the holder of a licence that has been suspended.\n23T—Security agent authorised to control crowds may be required to take part in psychological assessment or to undertake training\n\t(1)\tThe Commissioner may, by notice in writing, require the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds—\n\t(a)\tto take part, at the cost of the agent and within a specified period, in an approved psychological assessment; or\n\t(b)\tto complete a course of training approved by the Commissioner within a specified period and to provide the Commissioner with evidence that the course has been completed to a satisfactory standard as specified by the Commissioner.\n\t(2)\tIf a person fails to comply with a notice under subsection (1), the Commissioner may, by notice in writing, require the agent to make good the default.\n\t(3)\tIf the agent fails to comply with the notice under subsection (2) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the agent's licence is cancelled.\n\t(4)\tThe Commissioner must notify the agent in writing of the cancellation of the agent's licence.\nholder of a licence includes the holder of a licence that has been suspended.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Discipline","content":"Part 4—Discipline\n24—Interpretation of Part 4\nIn this Part—\nagent includes—\n\t(a)\ta former agent; or\n\t(b)\ta person licensed as an agent, whether or not carrying on business, or otherwise acting, as an agent; or\n\t(c)\ta person formerly licensed as an agent;\ndirector of a body corporate includes a former director of a body corporate;\nsecurity industry trainer includes—\n\t(a)\ta former security industry trainer; or\n\t(b)\ta person licensed as a security industry trainer, whether or not acting as a security industry trainer; or\n\t(c)\ta person formerly licensed as a security industry trainer.\n25—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against an agent or security industry trainer if—\n\t(a)\tthe agent or trainer has acted contrary to an assurance accepted under the Fair Trading Act 1987 or an undertaking accepted under the Australian Consumer Law; or\n\t(b)\tthe agent or trainer has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of performing functions as an agent or security industry trainer; or\n\t(ba)\tin the case of a licensed agent supervising another agent subject to an employee (supervision) condition, the agent failed to provide proper supervision of that other agent; or\n\t(c)\tin the case of an agent who has been carrying on business as an agent—the agent or any other person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, that business; or\n\t(d)\tin the case of an agent who has been employed or engaged to manage and supervise an incorporated agent's business—the agent or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, that business; or\n\t(e)\tin the case of a person licensed or formerly licensed as an agent or security industry trainer—\n\t(i)\tthe licence of the agent or trainer was improperly obtained; or\n\t(ii)\tthe person is not a fit and proper person to hold a licence or, if the agent is a body corporate, a director of the body corporate is not a fit and proper person to be a director of a body corporate that is the holder of a licence; or\n\t(iii)\tevents have occurred, or circumstances have come to light, such that the agent or trainer would not be eligible to be granted the licence if he or she were to apply for it; or\n\t(f)\tin the case of a person licensed or formerly licensed as a security agent or security industry trainer—it would be contrary to the public interest if the person were to be or continue to be licensed.\n\t(2)\tDisciplinary action may be taken against each director of a body corporate that is an agent if there is proper cause for disciplinary action against the body corporate.\n\t(3)\tDisciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.\n\t(4)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n26—Complaints\nThe Commissioner, a police officer or any other person may lodge with the Court a complaint setting out, subject to section 5B, matters that are alleged to constitute grounds for disciplinary action under this Part.\n27—Hearing by Court\n\t(1)\tOn the lodging of a complaint, the Court may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part.\n\t(2)\tWithout limiting the usual powers of the Court, the Court may during the hearing—\n\t(a)\tallow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Court may think fit to impose.\n27A—Procedure in the case of complaint against security agent or security industry trainer\n\t(1)\tOn the hearing of a complaint against a person licensed or formerly licensed as a security agent or security industry trainer, the Court—\n\t(a)\tis not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(2)\tIn determining whether there is proper cause for disciplinary action against a person licensed or formerly licensed as a security agent or security industry trainer, regard may be had to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the person or persons with whom the person associates (or has associated at any relevant time) as the Court considers relevant, including information that existed at the time the licence was granted, regardless of whether that information was known or could have been made known to the Commissioner at that time.\n28—Participation of assessors in disciplinary proceedings\nIn any proceedings under this Part, the Court will, if a Judge of the Court so determines, sit with assessors selected in accordance with Schedule 1.\n29—Disciplinary action\n\t(1)\tOn the hearing of a complaint, the Court may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by order do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $20 000 on the person;\n\t(c)\tin the case of a person who is licensed as an agent or security industry trainer—\n\t(i)\timpose conditions or further conditions on the licence;\n\t(ii)\tsuspend the licence for a specified period or until the fulfilment of stipulated conditions or until further order;\n\t(iii)\tcancel the licence;\n\t(d)\tdisqualify the person from holding a licence or a licence of a specified class under this Act or prohibit the person from carrying on business as an agent or as an agent of a specified class;\n\t(e)\tprohibit the person from being employed or otherwise performing functions as an agent or as an agent of a specified class or as a security industry trainer;\n\t(f)\tprohibit the person from being a director of a body corporate that is an agent or an agent of a specified class.\n\t(2)\tThe Court may—\n\t(a)\tstipulate that a disqualification or prohibition is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of stipulated conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time.\n\t(3)\tA condition imposed by the Court under this section may require the person to satisfactorily complete a specified course of training within a specified period.\n\t(4)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n30—Contravention of orders\n\t(1)\tIf a person—\n\t(a)\tis employed or otherwise performs functions as an agent or security industry trainer; or\n\t(b)\tbecomes a director of a body corporate that is an agent,\nin contravention of an order of the Court, that person and the agent are each guilty of an offence.\nMaximum penalty: $35 000 or 6 months imprisonment.\n\t(2)\tIf a person carries on business as an agent in contravention of an order of the Court, the person is guilty of an offence.\nMaximum penalty: $35 000 or 6 months imprisonment.\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Part 5—Miscellaneous\n31—Delegations\n\t(1)\tThe Commissioner may delegate any of the Commissioner's functions or powers under this Act—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being holding a specified position in the Public Service; or\n\t(c)\tto any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of agents or security industry trainers or a particular class of agents or security industry trainers.\n\t(2)\tThe Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n32—Agreement with professional organisation\n\t(1)\tThe Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of agents or security industry trainers or a particular class of agents or security industry trainers under which the organisation undertakes a specified role in the administration or enforcement of this Act.\n\t(2)\tThe agreement—\n\t(a)\tmust be in writing and executed by the Commissioner and the organisation; and\n\t(b)\tmay contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and\n\t(c)\tmust set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and\n\t(d)\tmust make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.\n\t(3)\tThe Commissioner may not delegate for the purposes of the agreement—\n\t(a)\tfunctions or powers under Part 2;\n\t(b)\tpower to request the Commissioner of Police to investigate and report on matters under Part 5;\n\t(c)\tpower to commence a prosecution for an offence against this Act.\n\t(4)\tA delegation by the Commissioner for the purposes of the agreement—\n\t(a)\thas effect subject to the conditions specified in the agreement; and\n\t(b)\tmay be varied or revoked by the Commissioner in accordance with the terms of the agreement; and\n\t(c)\tdoes not prevent the Commissioner from acting in any matter.\n\t(5)\tThe Minister must, within six sitting days after the making of an agreement, cause a copy of the agreement to be laid before both Houses of Parliament.\n33—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption must be notified in the Gazette.\n34—Register of licensed agents, security industry trainers and security industry training providers\n\t(1)\tThe Commissioner must keep a register of persons licensed as agents or security industry trainers or approved as security industry training providers.\n\t(2)\tThe Commissioner must record on the register in relation to each licensed person—\n\t(a)\tthe class of licence held by the person; and\n\t(b)\tany conditions to which the licence is subject; and\n\t(c)\tdisciplinary action taken against the person under this Act; and\n\t(d)\ta note of any assurance accepted under the Fair Trading Act 1987 or undertaking accepted under the Australian Consumer Law in relation to the person.\n\t(2a)\tIf any of the following events occur in relation to a person who is licensed as an agent or security industry trainer, or is a director of a body corporate that is licensed as an agent, the Commissioner may record a note of the event on the register:\n\t(a)\tthe person is found guilty or convicted of an offence of a class as prescribed by regulation for the purposes of section 3(2);\n\t(b)\tthe person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth;\n\t(c)\tin the case of a person whose licence is not subject to an employee condition or who is a director of a body corporate that is licensed as an agent—a body corporate is wound up for the benefit of creditors and the person was a director of the body corporate—\n\t(i)\twhen the body corporate was being so wound up; or\n\t(ii)\twithin the period of 6 months preceding the commencement of the winding up;\n\t(d)\tin the case of a person whose licence is not subject to an employee condition—the person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth;\n\t(e)\tthe person, being a body corporate, is being wound up or is under official management or in receivership.\n\t(3)\tA person may inspect the register on payment of the fee fixed by regulation.\n35—Commissioner and proceedings before Court\n\t(1)\tThe Commissioner is entitled to be joined as a party to any proceedings of the Court under this Act.\n\t(2)\tThe Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service.\n36—Return of licences\nIf a licence is suspended or cancelled under this Act, the holder of the licence must, at the direction of the Court or the Commissioner, return the licence to the Commissioner.\n36AA—Taking of fingerprints\n\t(1)\tIf fingerprints are to be taken from a person under this Act, the fingerprints must be taken by—\n\t(a)\ta police officer; or\n\t(b)\ta person, or a member of a class of persons, authorised in writing by the Commissioner for the purpose.\n\t(2)\tWithout limiting the power of the Commissioner under this Act to impose a requirement for a person to make arrangements to have his or her fingerprints taken, the Commissioner may in imposing such a requirement specify how and when the arrangements are to be made and that arrangements may be made for the taking of fingerprints at a place outside this State.\n36A—Destruction of fingerprints\n\t(1)\tThis section applies—\n\t(a)\tto fingerprints taken under this Act in connection with an application if the application is refused; and\n\t(b)\tto fingerprints taken under this Act of a person as a director of a body corporate if the body corporate is dissolved or if the person ceases to be a director of the body corporate; and\n\t(c)\tto fingerprints taken under this Act in connection with a licence or approval or an application for a licence or approval if the licence or approval is cancelled or withdrawn or voluntarily surrendered.\n\t(2)\tA person whose fingerprints have been taken under this Act may, if the fingerprints are fingerprints to which this section applies, apply to the Commissioner of Police to have the fingerprints, and any copies of the fingerprints, destroyed.\n\t(3)\tThe Commissioner of Police may grant or refuse the application as the Commissioner of Police sees fit.\n36B—Immunity\nNo liability attaches to the Commissioner or the Crown for the exercise or purported exercise in good faith of the Commissioner's power to suspend or cancel a security agents licence or security industry trainers licence.\n37—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\nMaximum penalty: \n\t(a)\tif the person made the statement knowing that it was false or misleading—$10 000;\n\t(b)\tin any other case—$2 500.\n38—Statutory declaration\nIf a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner.\n39—Commissioner of Police to conduct investigations and make available relevant information\n\t(1)\tThe Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to—\n\t(a)\tthe determination of an application under this Act; or\n\t(b)\ta matter that might constitute proper cause for disciplinary action under this Act.\n\t(2)\tThe Commissioner of Police must, as soon as reasonably practicable after becoming aware of information relevant to a matter that might constitute proper cause for disciplinary action under this Act, make the information available to the Commissioner.\n40—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under section 42.\n41—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n42—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against section 18, 19, 22, 23C, 23G, 23P or 36.\n\t(3a)\tThe regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations.\n\t(4)\tIn this section—\nprescribed offence means an offence against section 6, 12A, 13, 23, 23AAA, 23AA or 30.\n43—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n44—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within 2 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 5 years of that date.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution; or\n\t(d)\ta police officer.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n45—Evidence\nIn any proceedings, a certificate executed by the Commissioner certifying that a person did or did not hold a specified licence on a specified date constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n46—Service of documents\n\t(1)\tSubject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tif the person is a licensed agent, licensed security industry trainer or approved as a security industry training provider—at the person's address for service; or\n\t(c)\tif the person is a licensed agent, licensed security industry trainer or approved as a security industry training provider—be left for the person at the person's address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to the fax number or email address provided by the person for that purpose (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tThe address for service of a person who is a licensed agent, licensed security industry trainer or approved as a security industry training provider is the address of which the Commissioner has been last notified in writing by the person as being the person's address for service.\n47—Annual report\n\t(1)\tThe Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n48—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire agents or security industry trainers to comply with codes of conduct;\n\t(b)\tfix various maximum rates of commission and other charges that may be charged or made by agents for specified services;\n\t(c)\tregulate charges, payments and reimbursements made by or to an agent in connection with specified services;\n\t(d)\tfix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;\n\t(e)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(f)\timpose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.\n\t(4)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(5)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\n","sortOrder":9},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Appointment and selection of assessors for Court","content":"Schedule 1—Appointment and selection of assessors for Court\n(1)\tThe Minister must establish a panel of persons who may sit as assessors consisting of persons representative of persons involved in functions regulated under this Act.\n(2)\tThe Minister must establish a panel of persons who may sit as assessors consisting of persons representative of members of the public who deal with persons referred to in subclause (1).\n(3)\tA member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.\n(4)\tA member of a panel is, on the expiration of a term of office, eligible for reappointment.\n(5)\tSubject to subclause (6), if assessors are to sit with the Court in proceedings under Part 4, a Judge of the Court on the complaint must select one member from each of the panels to sit with the Court in the proceedings.\n(6)\tA member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Court is disqualified from participating in the hearing of the matter.\n(7)\tIf an assessor dies or is for any reason unable to continue with any proceedings, the Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nSecurity and Investigation Agents Act 1995\nLegislation repealed by principal Act\nThe Security and Investigation Industry Act 1995 repealed the following:\nCommercial and Private Agents Act 1986\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nSecurity and Investigation Agents Act 1995\n7.12.1995\n31.3.1996 (Gazette 28.3.1996 p1797)\nCo-operatives Act 1997\n7.8.1997\n1.12.1997 (Gazette 20.11.1997 p1326)\nStatutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998\nPt 12 (ss 33—36) & Sch—28.5.1998 (Gazette 28.5.1998 p2292)\nStatutes Amendment (Consumer Affairs) Amendment Act 1998\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 48)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\nDistrict Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 37)—1.6.2000 (Gazette 18.5.2000 p2554)\nStatutes Amendment (Consumer Affairs) Act 2001\n11.10.2001\nPt 7 (ss 22—24)—1.11.2001 (Gazette 25.10.2001 p4686)\nStatutes Amendment (Liquor, Gambling and Security Industries) Act 2005\n9.6.2005\nPt 4 (ss 43—59), Sch 1 (cl 3) & Sch 3—8.12.2005 (Gazette 8.12.2005 p4195)\nStatutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 26 (ss 50—58)—18.1.2007 (Gazette 18.1.2007 p234)\nProtective Security Act 2007\n26.7.2007\nSch 1 (cl 31)—28.4.2008 (Gazette 3.4.2008 p1183)\nStatutes Amendment and Repeal (Fair Trading) Act 2009\n23.7.2009\nPt 9 (ss 55 & 56)—3.9.2009 (Gazette 3.9.2009 p4367)\nCredit (Transitional Arrangements) Act 2010\n24.6.2010\nSch 1 (cl 5)—1.7.2010 (Gazette 1.7.2010 p3337)\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 20 (ss 26 & 27)—1.1.2012 (Gazette 15.12.2011 p4988)\nBusiness Names Registration (Transitional Arrangements) Act 2012\n22.3.2012\nSch 1 (cl 11)—28.5.2012 (Gazette 19.4.2012 p1467)\nStatutes Amendment (Criminal Intelligence) Act 2012\n24.5.2012\nPt 7 (s 11)—12.7.2012 (Gazette 12.7.2012 p3110)\nSecurity and Investigation Agents (Miscellaneous) Amendment Act 2013\n18.4.2013\n27.9.2013 (Gazette 15.8.2013 p3504) except para (b) of the definition of security industry training (as inserted by s 6(8)), s 6(9), new ss 7(2), 7A(1)(f), (5) & 7B(c) (as inserted by s 11) & s 15(7)—uncommenced\nStatutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 45 (s 95)—17.6.2013 (Gazette 6.6.2013 p2498)\nStatutes Amendment (Occupational Licensing) Act 2013\n21.11.2013\nPt 8 (ss 35, 37 & 38)—1.11.2014 (Gazette 9.10.2014 p6095); ss 34 & 36—21.11.2015 (Gazette 29.10.2015 p4742)\nFirearms Act 2015\n17.12.2015\nSch 1 (cl 18)—1.7.2017 (Gazette 27.6.2017 p2619)\nStatutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 31 (ss 118—122)—1.7.2017 (Gazette 22.6.2017 p2224)\nStatutes Amendment and Repeal (Budget Measures) Act 2021\n25.2.2021\nPt 13 (s 51)—10.10.2022 (Gazette 29.9.2022 p6255)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 10/2013 s 4\nPt 1\n\ns 1\namended by 10/2013 s 5\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\ns 3 redesignated as s 3(1) by 10/2013 s 6(10)\napproved psychological assessment\ninserted by 22/2005 s 43(1)\ncontrolling crowds\ninserted by 10/2013 s 6(1)\ncriminal intelligence\ninserted by 22/2005 s 43(2)\n\namended by 19/2012 s 11\n12.7.2012\ndirector\namended by 22/2005 s 43(3)\nemployee condition\nemployee (supervision) condition\nfirearm\n\namended by 46/2015 Sch 1 cl 18(1)\nfirearms licence\n\namended by 46/2015 Sch 1 cl 18(2)\nfit and proper person\nholder of a security agents licence\ninserted by 22/2005 s 43(4)\ninvestigation agents licence\ninserted by 10/2013 s 6(3)\npartnership (business only) condition\ninserted by 10/2013 s 6(4)\npartnership condition\ninserted by 10/2013 s 6(4)\nrestricted functions condition\ninserted by 10/2013 s 6(5)\nsecurity agent\namended by 10/2013 s 6(6)\n\namended by 71/2013 s 34(1)—(5)\nsecurity agents licence\ninserted by 22/2005 s 43(5)\n\nsubstituted by 10/2013 s 6(7)\nsecurity industry trainer\nsecurity industry trainers licence\nsecurity industry training\n27.9.2013 except para (b)—uncommenced\nsecurity industry training provider\ntemporary licence\ninserted by 10/2013 s 6(9)\nuncommenced\ntraining condition\ninserted by 10/2013 s 6(9)\nuncommenced\ns 3(2)\ninserted by 10/2013 s 6(10)\ns 4\namended by 61/1997 s 456\n1.12.1997\n\namended by 33/1999 Sch (item 48)\n1.7.1999\n\namended by 25/2007 Sch 1 (cl 31)\n28.4.2008\n\namended by 3/2010 Sch 1 cl 5\n1.7.2010\n\namended by 5/2021 s 51\n10.10.2022\ns 4A\ninserted by 10/2013 s 7\ns 5A\ninserted by 22/2005 s 44\ns 5A(1)\namended by10/2013 s 8(1)\ns 5A(2)\ndeleted by 10/2013 s 8(2)\ns 5B\ninserted by 22/2005 s 44\ns 5B(2)\namended by 10/2013 s 9\nPt 2\n\ns 6\n\ns 6(1)\n\namended by 10/2013 s 10(1), (2)\n\namended by 71/2013 s 35\ns 7\nsubstituted by 10/2013 s 11\n27.9.2013 except s 7(2)—uncommenced\ns 7A\n27.9.2013 except s 7A(1)(f) and (5)—uncommenced\ns 7A(3)\nsubstituted by 71/2013 s 36\ns 7B\n27.9.2013 except para (c)—uncommenced\ns 7C\ns 7C(2)\namended by 7/2017 s 118\ns 7D\ns 8\n\ns 8(2)\namended by 47/2001 s 22(a)\n\namended by 10/2013 s 12(1)\ns 8(3)\n\nsubstituted by 10/2013 s 12(2)\ns 8(3a)—(3c)\ninserted by 10/2013 s 12(2)\ns 8(4)\n\namended by 10/2013 s 12(3)\ns 8(5)\n\namended by 10/2013 s 12(4)\ns 8(6)\n\namended by 10/2013 s 12(5)\ns 8A\ns 8A(1)\namended by 10/2013 s 13(1), (2)\ns 8A(1a)\ninserted by 10/2013 s 13(3)\ns 8A(2)\nsubstituted by 10/2013 s 13(3)\ns 8B before deletion by 10/2013\ns 8B(1)\namended by 44/2006 s 50(1)\ns 8B(5)\namended by 44/2006 s 50(2)\ns 8B\ndeleted by 10/2013 s 14\ns 8C\n\ndeleted by 10/2013 s 14\ns 9\n\ns 9(1)\namended by 22/2005 s 46(1)\n\namended by 39/2009 s 55\n\namended by 10/2013 s 15(1)—(4)\n\n(b) and (c) deleted by 10/2013 s 15(2)\ns 9(2)\namended by 22/2005 s 46(2)\n\namended by 10/2013 s 15(5), (6)\ns 9(2a)\ninserted by 10/2013 s 15(7)\nuncommenced—not incorporated\ns 9(5)—(7)\ninserted by 10/2013 s 15(8)\ns 9A\ninserted by 22/2005 s 47\n\ndeleted by 10/2013 s 16\ns 10\ndeleted by 10/2013 s 16\ns 11\n\ns 11(1aa)\ninserted by 10/2013 s 17(1)\ns 11(1a)\ninserted by 22/2005 s 48(1)\n\namended by 10/2013 s 17(2)\ns 11(2)\namended by 4/2000 s 9(1) (Sch 1 cl 37(a))\ns 11(3)\namended by 22/2005 s 48(2), (3)\ns 11(4)\namended by 22/2005 s 48(4)\ns 11(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 37(b))\ns 11(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 37(c))\ns 11A\ninserted by 47/2001 s 23\ns 11A(3)\namended by 7/2017 s 119\ns 11A(1)\ns 11A amended and redesignated as s 11A(1) by 10/2013 s 18(1)—(4)\ns 11A(2)—(6)\ninserted by 10/2013 s 18(4)\ns 11AB before deletion by 10/2013\ninserted by 22/2005 s 49\ns 11AB(1)\namended by 44/2006 s 51(1)\ns 11AB(2)\namended by 44/2006 s 51(2)\ns 11AB\nss 11AC and 11AD\ninserted by 22/2005 s 49\n\ns 11B\ninserted by 10/2013 s 19\ns 12 before deletion by 10/2013\n\ns 12(3)\namended by 47/2001 s 24\n\namended by 22/2005 s 50(1)\ns 12(4)\namended by 22/2005 s 50(2)\ns 12\nPt 3\n\ns 12A\n\ns 12A(1)\ns 12A inserted by 21/1998 s 33\n\ns 12A amended and redesignated as s 12A(1) by 22/2005 s 51(1), (2)\ns 12A(2)\ninserted by 22/2005 s 51(2)\ns 18\namended by 3/2012 Sch 1 cl 11\n28.5.2012\ns 20\n\ns 20(1)\ns 22\ns 23\n\ns 23(1)\n\namended by 10/2013 s 20\ns 23AAA\ninserted by 10/2013 s 21\ns 23AAA(11)\namended by 7/2017 s 120\ns 23AA\ninserted by 10/2013 s 21\nPt 3A\ninserted by 22/2005 s 52\nsubstituted by 10/2013 s 22\nPt 3A Div A1\ninserted by 71/2013 s 37\nPt 3A Div 1\n\nsubstituted by 10/2013 s 23\n\nsubstituted by 71/2013 s 38\ns 23A\n\ns 23A(1)\namended by 10/2013 s 24(1), (2)\ns 23A(3), (5) and (6)\namended by 10/2013 s 24(3)\ns 23B\n\ns 23B(1)\namended by 10/2013 s 25\ns 23C\n\ns 23C(2)\namended by 10/2013 s 26\ns 23E\n\ns 23E(1)\namended by 44/2006 s 52(1)\n\namended by 10/2013 s 27\ns 23E(1a)\ninserted by 44/2006 s 52(2)\ns 23F\ndeleted by 44/2006 s 53\ns 23G\n\ns 23G(1)\namended by 10/2013 s 28(1)\ns 23G(2)\namended by 10/2013 s 28(2)\nPt 3A Div 2\n\nsubstituted by 10/2013 s 29\ns 23J\n\ns 23J(2a)\ninserted by 10/2013 s 30\ns 23Q\n\ns 23Q(1)\ns 23Q redesignated as s 23Q(1) by 44/2006 s 54\ns 23Q(2)\ninserted by 44/2006 s 54\nPt 3A Div 3\ninserted by 10/2013 s 31\nPt 3A Div 4\ninserted by 10/2013 s 31\ns 23S\n\ns 23S(3)\namended by 7/2017 s 121\ns 23T\n\ns 23T(2)\namended by 7/2017 s 122\nPt 4\n\ns 24\n\nsecurity industry trainer\ninserted by 10/2013 s 32\ns 25\n\ns 25(1)\namended by 22/2005 s 53\n\namended by 44/2006 s 55\n\namended by 10/2013 s 33(1)—(6)\n\n(g) deleted by 10/2013 s 33(6)\ns 26\namended by 22/2005 s 54(1), (2)\ns 27A\ninserted by 22/2005 s 55\ns 27A(1) and (2)\namended by 10/2013 s 34\ns 28\namended by 21/1998 s 34\ns 29\n\ns 29(1)\n\namended by 10/2013 s 35(1), (2)\ns 30\n\ns 30(1)\namended by 10/2013 s 36\nPt 5\n\ns 31\n\ns 31(1)\namended by 10/2013 s 37\ns 32\n\ns 32(1)\namended by 10/2013 s 38\ns 34\n\ns 34(1)\namended by 10/2013 s 39(1)\ns 34(2)\namended by 10/2013 s 39(2)—(4)\ns 34(2a)\ninserted by 39/2009 s 56\n\namended by 10/2013 s 39(5), (6)\ns 36AA\ninserted by 44/2006 s 56\ns 36AA(2)\nsubstituted by 10/2013 s 40\ns 36A\ninserted by 22/2005 s 56\ns 36A(1)\nsubstituted by 10/2013 s 41\ns 36B\ninserted by 44/2006 s 57\n\namended by 10/2013 s 42\ns 38\namended by 10/2013 s 43\ns 39\n\ns 39(1)\ns 39 redesignated as s 39(1) by 22/2005 s 57\ns 39(2)\ninserted by 22/2005 s 57\ns 40\n\ns 40(1)\ns 40 redesignated as s 40(1) by 36/2011 s 26\ns 40(2)\ninserted by 36/2011 s 26\ns 42\nsubstituted by 36/2011 s 27\ns 42(2)\namended by 16/2013 s 95(1)\ns 42(3)\namended by 16/2013 s 95(2)\ns 42(3a)\ninserted by 16/2013 s 95(3)\ns 42(4)\n\nprescribed offence\namended by 10/2013 s 44\ns 43\n\ns 43(2)\namended by 10/2013 s 45\ns 44\n\ns 44(1)\nsubstituted by 21/1998 Sch cl 9 as inserted by 22/1998 s 3\ns 44(2)\namended by 22/2005 s 58\ns 46\n\ns 46(1)\namended by 10/2013 s 46(1)—(3)\ns 46(2)\nsubstituted by 10/2013 s 46(4)\ns 48\n\ns 48(2)\namended by 10/2013 s 47\nSch 1\n\nscl (5)\namended by 21/1998 s 35\nscl (7)\namended by 4/2000 s 9(1) (Sch 1 cl 37(d))\nSch 2 before deletion by 10/2013\n\ncl 2\n\ncl 2(4) and (5)\ninserted by 21/1998 s 36\ncl 3\ninserted by 22/2005 s 59\ncl 3(1)\namended by 44/2006 s 58(1)\ncl 3(2)\namended by 44/2006 s 58(2)\nSch 2\ndeleted by 10/2013 s 48\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Liquor, Gambling and Security Industries) Act 2005, Sch 1—Transitional provisions\n3—Security and Investigation Agents Act 1995\n\t(1)\tAn amendment to the Security and Investigation Agents Act 1995 effected by a provision of this Act applies in respect of an application under that Act if the application is determined after the commencement of that provision irrespective of whether the application was lodged before or after that commencement.\n\t(2)\tAn amendment to the Security and Investigation Agents Act 1995 effected by a provision of this Act applies in respect of a licence granted under that Act, or a person licensed under that Act, whether the licence was granted before or after the commencement of that provision.\n\t(3)\tAn amendment to the Security and Investigation Agents Act 1995 effected by a provision of this Act that provides for the suspension or cancellation of a person's licence if the person is charged with or found guilty of an offence applies only if the offence is committed, or alleged to have been committed, after the commencement of that provision.\nHistorical versions\nReprint No 1—1.12.1997\n\nReprint No 2—28.5.1998\n\nReprint No 3—1.7.1999\n\nReprint No 4—1.6.2000\n\nReprint No 5—1.11.2001\n\n28.4.2008\n\n1.7.2010\n\n28.5.2012\n\n12.7.2012\n\n","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has expanded significantly from a basic licensing regime for individual security and investigation agents to a wider regulatory framework that now: (a) explicitly regulates and approves security industry trainers and training providers (ss 23AAA, 23AA) and preserves a State training role (s 4A); (b) introduces stronger administrative tools for suspending or cancelling licences on public-interest grounds and when applicants are the subject of police objections or criminal intelligence (ss 8A, 23A, 23B, 5B); (c) adds occupational-health style controls for crowd-control functions (drug and alcohol testing, psychological assessments — Division 2, ss 23J–23T); (d) increases biometric and background-check requirements (fingerprinting provisions ss 8(3a), 23S, 36AA) and authorises retention/destruction rules (s 36A); and (e) extends corporate and director liability and regulatory oversight (s 42). These changes broaden the Act from licensing individuals to actively regulating training supply, imposing health/fitness testing for specific functions, and incorporating confidential police intelligence into licensing decisions — materially widening its functional scope."},"complexity_factors":["Large number of defined terms and role categories (security agent, investigation agent, security industry trainer/provider, process server, loss adjuster, etc.)","Multiple licence classes and endorsement regime with discretionary conditions (Part 2, ss 7, 7A, 11B)","Numerous cross-references to other Acts (Fair Trading Act 1987, Road Traffic Act 1961, Firearms Act 2015, Corporations Act 2001, National VET Act 2011) increasing interpretive complexity","Several distinct enforcement pathways: administrative suspension/cancellation (ss 23A, 23AB), disciplinary Court process (Part 4), criminal penalties (various sections)","Nested timelines and conditional procedures for suspension, show-cause and appeals (e.g. ss 23A–23E, 23B, 11, 23Q) with stay rules and time limits","Confidential-information regime giving police power to classify \"criminal intelligence\" and limit disclosure of reasons (s 5B) — creates procedural complexity and special evidentiary rules","Special technical regimes for crowd-control alcohol/drug testing, breath/blood evidentiary presumptions and certificate evidence (ss 23J–23M) with precise timing and procedural rules","Fingerprinting, photograph and biometric handling rules, including destruction discretion and inter-agency data flows (ss 8(3a), 36AA, 36A, 23S)","Director and corporate liability provisions that attach criminal or civil liability to officers (s 42) and exclusions/exemptions that must be navigated (s 4, s 33)","Extensive delegated regulation-making powers and allowance for administrative delegation and agreements with industry bodies (ss 31–33, 48), creating secondary complexity in subordinate instruments"],"plain_english_summary":"**What this law does (in simple terms)**\n\n- It creates a licensing and regulatory system for people and businesses that do security work in South Australia: that includes security agents (guards, crowd controllers, alarm installers, dog handlers etc.), investigation agents (debt collectors, repossession agents, process servers and related roles) and people or organisations that provide security training (security industry trainers and training providers) (see definitions and Parts 2, 3 and 3A).\n\n- It says you must hold the right licence to act or hold yourself out as able to act in these roles (licensing obligation) and sets criminal and administrative sanctions if you do not (section 6 and Parts 2–3). Licensing, renewal fees and annual returns are administered by the Commissioner for Consumer Affairs (the Commissioner) (sections 5, 7C).\n\n- The Commissioner decides applications, can impose conditions on licences (for example limiting functions, requiring supervision, or requiring training), can suspend or cancel licences in specified circumstances, and may require fingerprints, photographs and psychological assessments for some roles (sections 7, 7A, 11A, 8(3a), 8(3c), 23T, 23AB).\n\n- The Police are formally involved: licence applications are furnished to the Commissioner of Police for comment; police must provide relevant criminal-history information and may object to applications; and the Commissioner can rely on police-classified \"criminal intelligence\" that is kept confidential and may mean limited disclosure of reasons for decisions (sections 8A, 5B, 39).\n\n- The Act prescribes workplace and conduct controls: employers must use only appropriately licensed people; corporate licensees must ensure licensed natural persons supervise and manage the regulated functions; licensees must carry or display identification; agents must keep accounts and comply with advertising/name rules; and there are offence provisions for misrepresentation and assisting others to pretend to be agents (sections 12A, 13, 14, 15–20).\n\n- There is a specific, stronger regime for crowd-control (security guards authorised to control crowds): police/authorised officers can require alcohol and drug testing while performing crowd-control duties; positive results or refusal can lead to cancellation; the Commissioner can require psychological assessment or training for those authorised to control crowds (Division 2, sections 23J–23O, 23K, 23T, 23M).\n\n- Training providers and trainers are regulated: you must be approved to carry on a business providing security industry training, and employers must engage only licensed trainers where training is provided personally (sections 23AAA, 23AA). The Act also preserves a limited State role over security-industry training despite the Commonwealth’s National VET laws (section 4A).\n\n- There is a disciplinary and review system: complaints may be lodged with the Administrative and Disciplinary Division of the District Court; the Court may take disciplinary action (reprimand, fine, suspend, cancel licences, disqualify persons) and the Act sets out appeal timeframes and processes (Part 4, sections 24–30, 11, 23E, 23Q).\n\n- The Act imposes director liability in a number of circumstances (section 42) and allows the Commissioner to delegate functions, make agreements with professional organisations, and make rules via regulation (sections 31–33, 48).\n\n\nWho it affects\n\n- Individuals who work as, or wish to work as, security agents (including crowd controllers, guards, alarm installers), investigation agents (debt collectors, repossession agents, process servers), and people who personally provide security training.\n- Businesses that hire those people, businesses that provide security training, and corporations that hold licences (directors are also in scope because of director-liability provisions).\n- The Commissioner (as regulator) and the Commissioner of Police (who supplies criminal-history and confidential intelligence to the Commissioner).\n\n\nWhy it matters (mechanically, not politically)\n\n- The Act creates entry controls (licensing, fit-and-proper tests, training and fingerprinting) that restrict who may lawfully perform a range of security and investigation functions (sections 6, 9, 8(3a), 23AAA). That changes economic incentives: it raises the compliance cost to operate in the sector and makes licences a precondition for earning fees for the regulated functions (section 6(2)).\n\n- Because the Commissioner can impose conditions, suspend or cancel licences (including summary suspensions in specified circumstances) the Act gives the regulator real-time tools to restrict individuals from working while investigations or charges are current (sections 23A–23B, 23AB). Appeals are available but are time-limited (sections 11, 23E, 23Q).\n\n- The Act also creates a regulated market for training providers and trainers — approvals are required and employers must engage licensed trainers where training is personal (sections 23AAA, 23AA, 4A). That centralises control over who may deliver statutory training and the content/approval of such training.\n\n\nOfficial purpose-claims and how they map onto trade-offs and incentives\n\n- The Act is presented as protecting the public by ensuring only fit and proper people, with appropriate training and oversight, perform security and investigation functions. The mechanisms used to pursue that aim are entry controls (licences, fit-and-proper tests), continuing supervision (conditions, fingerprinting, psychological assessment), and enforcement (police information, suspensions, disciplinary hearings).\n\n- Costs and incentives:\n  - Compliance costs to applicants and licensees include fees, fingerprinting and background checks (sections 7C, 8(3a), 23S, 36AA), mandatory training or re-training, record-keeping and accounts (sections 14, 7A(1)(f), 23T). These increase operating costs and may raise prices or reduce the number of providers.\n  - The Act concentrates discretion in the Commissioner and to some degree the Commissioner of Police (notably classification of \"criminal intelligence\" which can be withheld and used to refuse/suspend licences without detailed reasons) (section 5B). That reduces transparency of some decisions and increases administrative discretion.\n  - There is a risk of regulatory bottleneck or delay (police checks, psychological assessments, approval of training providers), which could impede new entrants or expansion of providers; the Act also creates appeal windows and stays in some contexts but the regulator’s immediate suspension power is significant (sections 8A, 23A–23B, 23E).\n  - Director and corporate liability provisions (section 42) extend compliance risk to company officers, which changes corporate governance incentives and may lead to more conservative management or higher insurance costs for corporate licensees.\n\n- Potential substitution and enforcement effects:\n  - Licensing may push some activity outside the regulated market (unlicensed informal providers) if compliance costs are large — the Act penalises unlicensed activity (section 6) and gives the Commissioner and police enforcement powers (section 5A), but unlawful substitution remains a practical risk.\n  - The specific regime for crowd-control (drug/alcohol testing and psychological assessment) creates stricter occupational controls for that function and an evidentiary regime that presumes breath-test results unless rebutted (sections 23J–23M). That reduces evidentiary burden for enforcement but narrows rebuttal paths for licensees.\n\n- Administrative design features that affect outcomes:\n  - Broad regulation-making powers and the ability to delegate or make agreements with industry organisations (sections 48, 31–32) allow flexible rule-making but also grant substantial regulatory discretion.\n  - The Act preserves a State role over training even though vocational training is otherwise a national domain (section 4A), which can create overlap or tension with Commonwealth VET regulation.\n\n\nPractical points for those regulated or advising them\n\n- If you plan to work in security or investigations in SA you will generally need a licence and to meet fit-and-proper, training and fingerprinting requirements (sections 6, 9, 8(3a), 23AAA).\n- Employers must engage licensed individuals for regulated functions and may face penalties for employing unlicensed people (section 12A, 23AA).\n- If you do crowd-control work expect specific alcohol/drug testing and possible psychological assessment requirements; refusals or positive results can lead to cancellation (sections 23J–23O, 23T).\n- Some decisions may rely on police-classified \"criminal intelligence\" and the regulator may not be required to disclose detailed reasons when that material is the basis for refusal, suspension or cancellation (section 5B).\n\n(References are to the sections noted in the Act: licensing and fitness rules — ss 6, 7, 8, 9, 7A; Police and criminal intelligence — ss 8A, 5B; training and trainers/providers — ss 23AAA, 23AA, 4A; crowd-control specific rules — ss 23J–23O, 23T; disciplinary and Court processes — Part 4.)"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1501},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused on security agents and investigation agents. The legislation has expanded significantly to include: (1) regulation of security industry trainers and training providers (added 2013); (2) specific alcohol/drug testing and psychological assessment regimes for crowd controllers (added 2005/2013); (3) integration with firearms licensing (2015); (4) criminal intelligence provisions allowing secret evidence (2005/2012); and (5) detailed public interest testing. The Act has evolved from a simple licensing scheme to a comprehensive regulatory framework covering the entire training-to-practice pipeline for security personnel."},"complexity_factors":["35+ defined terms in section 3, including nested definitions for different licence conditions (employee condition, partnership condition, restricted functions condition, etc.)","Extensive cross-referencing to other legislation (Firearms Act 2015, Road Traffic Act 1961, Fair Trading Act 1987, National Consumer Credit Protection Act 2009, Corporations Act 2001)","Multi-layered licensing structure with conditional logic: natural persons vs body corporates, supervised vs unsupervised employees, temporary vs standard licences, and partnership restrictions","Special procedural regime for 'criminal intelligence' (section 5B) allowing secret evidence and non-disclosure of reasons for decisions","Detailed technical procedures for alcohol and drug testing of crowd controllers (Division 2 of Part 3A), incorporating by reference equipment standards from the Road Traffic Act","Complex 'fit and proper person' test with different criteria for security agents, investigation agents, and trainers, including assessment of associates' reputations","Multiple disciplinary pathways: immediate suspension by Commissioner (Part 3A), disciplinary proceedings in Court (Part 4), and automatic cancellation on conviction","Nested exemptions in section 4 listing 10 categories of exempt persons/activities with sub-paragraphs"],"plain_english_summary":"This South Australian law sets up a licensing scheme for people and businesses working in the security and private investigation industries.\n\n**Who it covers:**\n- **Security agents**: Bodyguards, crowd controllers (bouncers), security guards, and people who install or monitor security alarms and cameras.\n- **Investigation agents**: Private investigators, debt collectors, repossession agents (who take back cars or goods when payments are missed), and process servers (who deliver legal documents).\n- **Security trainers**: People and organisations who train security staff.\n\n**What it does:**\n- **Makes licensing compulsory**: You cannot work in these fields without a licence from the Commissioner for Consumer Affairs (a government official).\n- **Police checks**: Applications are vetted by the Commissioner of Police, who can object if granting the licence would be against the public interest. This includes checking criminal records and taking fingerprints.\n- **Special rules for crowd controllers**: People who work as bouncers or at events controlling crowds must undergo drug and alcohol testing (similar to roadside breath tests) and may need psychological assessments to prove they are \"fit and proper\" people.\n- **Criminal intelligence**: In sensitive cases, the Police Commissioner can provide secret information (called \"criminal intelligence\") to the Consumer Affairs Commissioner. If a licence is refused based on this secret information, the applicant may only be told it was refused because it would be \"contrary to the public interest.\"\n- **Disciplinary system**: The District Court can fine, suspend or cancel licences if agents act improperly, break the law, or are not \"fit and proper\" people.\n- **Exemptions**: Police officers, lawyers, accountants, and certain other professionals do not need this licence when performing their normal duties.\n\n**Why it matters:**\nThis law protects the public by ensuring that people who have power over others (like bouncers), who enter private property (like repossession agents), or who handle sensitive information (like private investigators) are trustworthy, properly trained, and accountable."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — the legislative text was not available for analysis due to a broken URL returning a 'Page Not Found' error on the SA legislation website."},"complexity_factors":["No legislative text was retrieved — only a website error page was provided","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided for the *Security and Investigation Industry Act 1995* (SA) did not return the actual text of the legislation — instead, it returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be caused by a broken or outdated hyperlink following a website update in March 2026.\n\n**What this means for you:** No analysis of the Act's content, provisions, or impact can be provided because the legislative text was not successfully retrieved. If you need to review this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Checking the [Australasian Legal Information Institute (AustLII)](https://www.austlii.edu.au) as an alternative source"}},"importantCases":[],"_links":{"self":"/api/acts/security-and-investigation-industry-act-1995","history":"/api/acts/security-and-investigation-industry-act-1995/history","analysis":"/api/acts/security-and-investigation-industry-act-1995/analysis","conflicts":"/api/acts/security-and-investigation-industry-act-1995/conflicts","importantCases":"/api/acts/security-and-investigation-industry-act-1995/important-cases","documents":"/api/acts/security-and-investigation-industry-act-1995/documents"}}