{"id":"qld:act-1993-083","name":"Security Providers Act 1993","slug":"security-providers-act-1993","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"83 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104785,"registerId":"qld-act-1993-083-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Security Providers Act 1993 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.2A Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\nIn this section—\ninspector means a person who holds office under the FTI Act as an inspector for this Act.\ns 2A ins 2014 No. 8 s 166\n(sec.2A-ssec.1) The Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.2A-ssec.2) Unless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\n(sec.2A-ssec.3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 3 Note—prev s 3 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). Annotations for definitions contained in prev s 3 are located in annotations for sch 2.\npres s 3 amd 2007 No. 15 s 4 (4)","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Who is a security provider","content":"### sec.4 Who is a security provider\n\nA security provider is any of the following—\na bodyguard;\na crowd controller;\na private investigator;\na security adviser;\na security equipment installer;\na security officer;\na security firm.\nA person employed by a security provider is not a security provider if the person’s duties are only secretarial or clerical.\nEach of the following persons is not a security provider in carrying out the functions of the person’s employment—\na police officer or a member of the police service of the Commonwealth or a State;\na member of the Defence Force;\nan officer or employee of the Commonwealth or a State;\na Minister of the Commonwealth or a State;\na department of the Commonwealth or a State;\nan officer of or employee in the parliamentary service established under the Parliamentary Service Act 1988 ;\na casino employee or casino key employee within the meaning of the Casino Control Act 1982 .\nAlso, an authorised person under the Transport Operations (Passenger Transport) Act 1994 is not a security provider in performing a function or exercising a power under that Act.\ns 4 amd 2007 No. 15 s 5 ; 2008 No. 67 s 237\n(sec.4-ssec.1) A security provider is any of the following— a bodyguard; a crowd controller; a private investigator; a security adviser; a security equipment installer; a security officer; a security firm.\n(sec.4-ssec.2) A person employed by a security provider is not a security provider if the person’s duties are only secretarial or clerical.\n(sec.4-ssec.3) Each of the following persons is not a security provider in carrying out the functions of the person’s employment— a police officer or a member of the police service of the Commonwealth or a State; a member of the Defence Force; an officer or employee of the Commonwealth or a State; a Minister of the Commonwealth or a State; a department of the Commonwealth or a State; an officer of or employee in the parliamentary service established under the Parliamentary Service Act 1988 ; a casino employee or casino key employee within the meaning of the Casino Control Act 1982 .\n(sec.4-ssec.4) Also, an authorised person under the Transport Operations (Passenger Transport) Act 1994 is not a security provider in performing a function or exercising a power under that Act.\n- (a) a bodyguard;\n- (b) a crowd controller;\n- (c) a private investigator;\n- (d) a security adviser;\n- (e) a security equipment installer;\n- (f) a security officer;\n- (g) a security firm.\n- (a) a police officer or a member of the police service of the Commonwealth or a State;\n- (b) a member of the Defence Force;\n- (c) an officer or employee of the Commonwealth or a State;\n- (d) a Minister of the Commonwealth or a State;\n- (e) a department of the Commonwealth or a State;\n- (f) an officer of or employee in the parliamentary service established under the Parliamentary Service Act 1988 ;\n- (g) a casino employee or casino key employee within the meaning of the Casino Control Act 1982 .","sortOrder":5},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Who is a bodyguard","content":"### sec.4A Who is a bodyguard\n\nA bodyguard is a person who, for reward, provides a close personal protection service.\ns 4A ins 2007 No. 15 s 6","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Who is a crowd controller","content":"### sec.5 Who is a crowd controller\n\nA crowd controller is a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following—\nscreening the entry of persons into the place;\nmonitoring or controlling the behaviour of persons in the place;\nremoving persons from the place.\na bouncer at a hotel, nightclub or rock concert\nDespite subsection (1) , a person is not a crowd controller merely because the person checks that a person allowed admission to the public place has paid for the admission or has an invitation or pass allowing the admission.\ns 5 sub 2007 No. 15 s 6\n(sec.5-ssec.1) A crowd controller is a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following— screening the entry of persons into the place; monitoring or controlling the behaviour of persons in the place; removing persons from the place. a bouncer at a hotel, nightclub or rock concert\n(sec.5-ssec.2) Despite subsection (1) , a person is not a crowd controller merely because the person checks that a person allowed admission to the public place has paid for the admission or has an invitation or pass allowing the admission.\n- (a) screening the entry of persons into the place;\n- (b) monitoring or controlling the behaviour of persons in the place;\n- (c) removing persons from the place.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Who is a private investigator","content":"### sec.6 Who is a private investigator\n\nA private investigator is a person who, for reward—\nobtains and gives private information about another person, without the other person’s express consent; or\ncarries out surveillance for obtaining private information about another person, without the other person’s express consent; or\ninvestigates the disappearance of a missing person.\nDespite subsection (1) , a person is not a private investigator merely because—\nthe person—\nis the employee of a person who does not, for reward, obtain and give information; and\nas an employee, obtains and gives information about another person; or\nthe person—\nis an employee of a person who, for reward, obtains and gives information; and\nas an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or\nthe person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer.\na retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card\nEach of the following persons is not a private investigator in carrying out the functions of the person’s occupation or employment—\nan Australian legal practitioner or an Australian legal practitioner’s employee;\nan accountant or an accountant’s employee;\na person carrying on the business of insurance or an employee of the person;\na person carrying on the business of an insurance adjustment agency or an employee of the person.\nAlso, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged.\nIn this section—\naccountant means—\na person registered as an auditor under the Corporations Act ; or\na member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\na member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\na member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.\nAustralian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2007 .\nindependent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Sector Act 2022 .\nprivate information , about a person, means information, including information recorded in a document, about—\nfor an individual—the individual’s personal character, actions, business or occupation; or\nfor a person other than an individual—the person’s business or occupation.\ns 6 amd 2002 No. 13 s 124 sch ; 2007 No. 15 s 7 ; 2009 No. 25 s 83 sch ; 2013 No. 39 s 43 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.6-ssec.1) A private investigator is a person who, for reward— obtains and gives private information about another person, without the other person’s express consent; or carries out surveillance for obtaining private information about another person, without the other person’s express consent; or investigates the disappearance of a missing person.\n(sec.6-ssec.2) Despite subsection (1) , a person is not a private investigator merely because— the person— is the employee of a person who does not, for reward, obtain and give information; and as an employee, obtains and gives information about another person; or the person— is an employee of a person who, for reward, obtains and gives information; and as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or the person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer. a retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card\n(sec.6-ssec.3) Each of the following persons is not a private investigator in carrying out the functions of the person’s occupation or employment— an Australian legal practitioner or an Australian legal practitioner’s employee; an accountant or an accountant’s employee; a person carrying on the business of insurance or an employee of the person; a person carrying on the business of an insurance adjustment agency or an employee of the person.\n(sec.6-ssec.4) Also, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged.\n(sec.6-ssec.5) In this section— accountant means— a person registered as an auditor under the Corporations Act ; or a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’. Australian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2007 . independent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Sector Act 2022 . private information , about a person, means information, including information recorded in a document, about— for an individual—the individual’s personal character, actions, business or occupation; or for a person other than an individual—the person’s business or occupation.\n- (a) obtains and gives private information about another person, without the other person’s express consent; or\n- (b) carries out surveillance for obtaining private information about another person, without the other person’s express consent; or\n- (c) investigates the disappearance of a missing person.\n- (a) the person— (i) is the employee of a person who does not, for reward, obtain and give information; and (ii) as an employee, obtains and gives information about another person; or\n- (i) is the employee of a person who does not, for reward, obtain and give information; and\n- (ii) as an employee, obtains and gives information about another person; or\n- (b) the person— (i) is an employee of a person who, for reward, obtains and gives information; and (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or\n- (i) is an employee of a person who, for reward, obtains and gives information; and\n- (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or\n- (c) the person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer. Example of paragraph (a) — a retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card\n- (i) is the employee of a person who does not, for reward, obtain and give information; and\n- (ii) as an employee, obtains and gives information about another person; or\n- (i) is an employee of a person who, for reward, obtains and gives information; and\n- (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or\n- (a) an Australian legal practitioner or an Australian legal practitioner’s employee;\n- (b) an accountant or an accountant’s employee;\n- (c) a person carrying on the business of insurance or an employee of the person;\n- (d) a person carrying on the business of an insurance adjustment agency or an employee of the person.\n- (a) a person registered as an auditor under the Corporations Act ; or\n- (b) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (c) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\n- (d) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.\n- (a) for an individual—the individual’s personal character, actions, business or occupation; or\n- (b) for a person other than an individual—the person’s business or occupation.","sortOrder":8},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Who is a security adviser","content":"### sec.6A Who is a security adviser\n\nA security adviser is a person who, for reward, gives advice about security equipment or security methods or principles ( security advice ).\nDespite subsection (1) , a person is not a security adviser merely because—\nthe person—\nis an employee of a person who does not, for reward, give security advice; and\nas an employee, gives security advice to the employer; or\nthe person—\nis an employee of a person who, for reward, gives security advice; and\nas an employee, gives security advice to the employer in relation to the employer’s own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or\nthe person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or\nthe person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act.\ns 6A ins 2007 No. 15 s 8\n(sec.6A-ssec.1) A security adviser is a person who, for reward, gives advice about security equipment or security methods or principles ( security advice ).\n(sec.6A-ssec.2) Despite subsection (1) , a person is not a security adviser merely because— the person— is an employee of a person who does not, for reward, give security advice; and as an employee, gives security advice to the employer; or the person— is an employee of a person who, for reward, gives security advice; and as an employee, gives security advice to the employer in relation to the employer’s own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or the person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or the person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act.\n- (a) the person— (i) is an employee of a person who does not, for reward, give security advice; and (ii) as an employee, gives security advice to the employer; or\n- (i) is an employee of a person who does not, for reward, give security advice; and\n- (ii) as an employee, gives security advice to the employer; or\n- (b) the person— (i) is an employee of a person who, for reward, gives security advice; and (ii) as an employee, gives security advice to the employer in relation to the employer’s own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or\n- (i) is an employee of a person who, for reward, gives security advice; and\n- (ii) as an employee, gives security advice to the employer in relation to the employer’s own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or\n- (c) the person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or\n- (d) the person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act.\n- (i) is an employee of a person who does not, for reward, give security advice; and\n- (ii) as an employee, gives security advice to the employer; or\n- (i) is an employee of a person who, for reward, gives security advice; and\n- (ii) as an employee, gives security advice to the employer in relation to the employer’s own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or","sortOrder":9},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Who is a security equipment installer","content":"### sec.6B Who is a security equipment installer\n\nA security equipment installer is a person who, for reward, installs, repairs, services or maintains security equipment.\nDespite subsection (1) , a person is not a security equipment installer merely because—\nthe person—\nis an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and\nas an employee, installs, repairs, services or maintains the employer’s security equipment; or\nthe person—\nis an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and\nas an employee, installs, repairs, services or maintains the employer’s security equipment; or\nthe person carries out retail key cutting; or\nthe person installs a basic security item in a building owned or occupied by the person; or\nthe person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation.\nIn this section—\nbasic security item means—\na portable safe weighing not more than 50kg; or\na barrier security item; or\na security mesh door or window grille\nan electronic or mechanical lock used for basic household security; or\na door lock, window lock or padlock\na motion sensor light that does not also activate an alarm.\ns 6B ins 2007 No. 15 s 8\n(sec.6B-ssec.1) A security equipment installer is a person who, for reward, installs, repairs, services or maintains security equipment.\n(sec.6B-ssec.2) Despite subsection (1) , a person is not a security equipment installer merely because— the person— is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and as an employee, installs, repairs, services or maintains the employer’s security equipment; or the person— is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and as an employee, installs, repairs, services or maintains the employer’s security equipment; or the person carries out retail key cutting; or the person installs a basic security item in a building owned or occupied by the person; or the person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation.\n(sec.6B-ssec.3) In this section— basic security item means— a portable safe weighing not more than 50kg; or a barrier security item; or a security mesh door or window grille an electronic or mechanical lock used for basic household security; or a door lock, window lock or padlock a motion sensor light that does not also activate an alarm.\n- (a) the person— (i) is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and (ii) as an employee, installs, repairs, services or maintains the employer’s security equipment; or\n- (i) is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and\n- (ii) as an employee, installs, repairs, services or maintains the employer’s security equipment; or\n- (b) the person— (i) is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and (ii) as an employee, installs, repairs, services or maintains the employer’s security equipment; or\n- (i) is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and\n- (ii) as an employee, installs, repairs, services or maintains the employer’s security equipment; or\n- (c) the person carries out retail key cutting; or\n- (d) the person installs a basic security item in a building owned or occupied by the person; or\n- (e) the person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation.\n- (i) is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and\n- (ii) as an employee, installs, repairs, services or maintains the employer’s security equipment; or\n- (i) is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and\n- (ii) as an employee, installs, repairs, services or maintains the employer’s security equipment; or\n- (a) a portable safe weighing not more than 50kg; or\n- (b) a barrier security item; or Example— a security mesh door or window grille\n- (c) an electronic or mechanical lock used for basic household security; or Example— a door lock, window lock or padlock\n- (d) a motion sensor light that does not also activate an alarm.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Who is a security officer","content":"### sec.7 Who is a security officer\n\nA security officer is a person who, for reward, guards, patrols or watches another person’s property, including by—\npersonally patrolling the property; or\npersonally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device.\nSubsection (1) applies to a person even if the person’s duties include guarding or watching other persons lawfully on property in a way that is not a close personal protection service.\nDespite subsection (1) , each of the following is not a security officer—\nan engaged service provider within the meaning of the Corrective Services Act 2006 , in carrying out the engaged service provider’s functions under that Act;\na person who is an employee of an engaged service provider within the meaning of the Corrective Services Act 2006 , in carrying out the functions of the person’s employment.\nAlso, despite subsection (1) and subject to subsection (5) , a person is not a security officer merely because—\nthe person—\nis an employee of a person who does not, for reward, guard, patrol or watch another person’s property; and\nas an employee, guards, patrols or watches the employer’s property; or\nthe person—\nis an employee of a person who, for reward, guards, patrols or watches another person’s property; and\nas an employee, guards, patrols or watches the employer’s property.\nA person who is an employee mentioned in subsection (4) is a security officer if the person—\nis employed principally to guard, patrol or watch the employer’s property; or\nis employed, whether or not principally, to guard, patrol or watch licensed premises of the employer.\ns 7 sub 2007 No. 15 s 8\namd 2008 No. 26 s 12\n(sec.7-ssec.1) A security officer is a person who, for reward, guards, patrols or watches another person’s property, including by— personally patrolling the property; or personally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device.\n(sec.7-ssec.2) Subsection (1) applies to a person even if the person’s duties include guarding or watching other persons lawfully on property in a way that is not a close personal protection service.\n(sec.7-ssec.3) Despite subsection (1) , each of the following is not a security officer— an engaged service provider within the meaning of the Corrective Services Act 2006 , in carrying out the engaged service provider’s functions under that Act; a person who is an employee of an engaged service provider within the meaning of the Corrective Services Act 2006 , in carrying out the functions of the person’s employment.\n(sec.7-ssec.4) Also, despite subsection (1) and subject to subsection (5) , a person is not a security officer merely because— the person— is an employee of a person who does not, for reward, guard, patrol or watch another person’s property; and as an employee, guards, patrols or watches the employer’s property; or the person— is an employee of a person who, for reward, guards, patrols or watches another person’s property; and as an employee, guards, patrols or watches the employer’s property.\n(sec.7-ssec.5) A person who is an employee mentioned in subsection (4) is a security officer if the person— is employed principally to guard, patrol or watch the employer’s property; or is employed, whether or not principally, to guard, patrol or watch licensed premises of the employer.\n- (a) personally patrolling the property; or\n- (b) personally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device.\n- (a) an engaged service provider within the meaning of the Corrective Services Act 2006 , in carrying out the engaged service provider’s functions under that Act;\n- (b) a person who is an employee of an engaged service provider within the meaning of the Corrective Services Act 2006 , in carrying out the functions of the person’s employment.\n- (a) the person— (i) is an employee of a person who does not, for reward, guard, patrol or watch another person’s property; and (ii) as an employee, guards, patrols or watches the employer’s property; or\n- (i) is an employee of a person who does not, for reward, guard, patrol or watch another person’s property; and\n- (ii) as an employee, guards, patrols or watches the employer’s property; or\n- (b) the person— (i) is an employee of a person who, for reward, guards, patrols or watches another person’s property; and (ii) as an employee, guards, patrols or watches the employer’s property.\n- (i) is an employee of a person who, for reward, guards, patrols or watches another person’s property; and\n- (ii) as an employee, guards, patrols or watches the employer’s property.\n- (i) is an employee of a person who does not, for reward, guard, patrol or watch another person’s property; and\n- (ii) as an employee, guards, patrols or watches the employer’s property; or\n- (i) is an employee of a person who, for reward, guards, patrols or watches another person’s property; and\n- (ii) as an employee, guards, patrols or watches the employer’s property.\n- (a) is employed principally to guard, patrol or watch the employer’s property; or\n- (b) is employed, whether or not principally, to guard, patrol or watch licensed premises of the employer.","sortOrder":11},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Who is a relevant person","content":"### sec.7A Who is a relevant person\n\nA relevant person , for an application for a licence or application for renewal of an unrestricted licence, is—\nif the application is made by an individual—the individual; or\nif the application is made by a corporation—an officer of the corporation; or\nif the application is made by a partnership—a partner of the partnership.\ns 7A ins 2010 No. 54 s 60\n- (a) if the application is made by an individual—the individual; or\n- (b) if the application is made by a corporation—an officer of the corporation; or\n- (c) if the application is made by a partnership—a partner of the partnership.","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is a security firm","content":"### sec.8 What is a security firm\n\nA security firm is a person who, or partnership that, engages in the business of supplying, for reward, security firm services to other persons.\nUnder the Acts Interpretation Act 1954 , schedule 1 , person includes a corporation.\ns 8 amd 2007 No. 15 s 9","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"What is security equipment","content":"### sec.8A What is security equipment\n\nSecurity equipment is acoustic, electronic, mechanical or other equipment—\ndesigned, adapted, or purporting to provide or to enhance property security; or\nfor protecting or watching property.\nan alarm\nan alarm monitoring system\nan audio, or visual, recording system\nan electric, electro-mechanical, magnetic or biometric access control device\nan intrusion detector, including a motion, infra-red, microwave or contact detector\na safe or vault\nHowever, each of the following is not security equipment—\na device for monitoring inventory, product or stock loss;\nan item designed to minimise the possibility of motor vehicle theft, including, for example, a motor vehicle alarm or immobiliser.\ns 8A ins 2007 No. 15 s 10\n(sec.8A-ssec.1) Security equipment is acoustic, electronic, mechanical or other equipment— designed, adapted, or purporting to provide or to enhance property security; or for protecting or watching property. an alarm an alarm monitoring system an audio, or visual, recording system an electric, electro-mechanical, magnetic or biometric access control device an intrusion detector, including a motion, infra-red, microwave or contact detector a safe or vault\n(sec.8A-ssec.2) However, each of the following is not security equipment— a device for monitoring inventory, product or stock loss; an item designed to minimise the possibility of motor vehicle theft, including, for example, a motor vehicle alarm or immobiliser.\n- (a) designed, adapted, or purporting to provide or to enhance property security; or\n- (b) for protecting or watching property.\n- • an alarm\n- • an alarm monitoring system\n- • an audio, or visual, recording system\n- • an electric, electro-mechanical, magnetic or biometric access control device\n- • an intrusion detector, including a motion, infra-red, microwave or contact detector\n- • a safe or vault\n- (a) a device for monitoring inventory, product or stock loss;\n- (b) an item designed to minimise the possibility of motor vehicle theft, including, for example, a motor vehicle alarm or immobiliser.","sortOrder":14},{"sectionNumber":"pt.2","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":15},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Requirement for licence","content":"## Requirement for licence","sortOrder":16},{"sectionNumber":"sec.9","sectionType":"section","heading":"Requirement to be licensed","content":"### sec.9 Requirement to be licensed\n\nUnless a person holds the appropriate licence, the person must not—\ncarry out the functions of a security provider; or\nadvertise, or in any way hold out, that the person carries out or is willing to carry out, the functions of a security provider.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1,000 penalty units or 18 months imprisonment.\nA person must not, directly or indirectly, engage another person to carry out for reward the functions of a security provider unless the other person holds the appropriate licence.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1,000 penalty units or 18 months imprisonment.\nUnless a person holds the appropriate licence, the person is not entitled to any reward for carrying out the functions of a security provider.\nSubsection (3) has effect despite any arrangement to the contrary.\ns 9 amd 2007 No. 15 s 12\n(sec.9-ssec.1) Unless a person holds the appropriate licence, the person must not— carry out the functions of a security provider; or advertise, or in any way hold out, that the person carries out or is willing to carry out, the functions of a security provider. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1,000 penalty units or 18 months imprisonment.\n(sec.9-ssec.2) A person must not, directly or indirectly, engage another person to carry out for reward the functions of a security provider unless the other person holds the appropriate licence. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1,000 penalty units or 18 months imprisonment.\n(sec.9-ssec.3) Unless a person holds the appropriate licence, the person is not entitled to any reward for carrying out the functions of a security provider.\n(sec.9-ssec.4) Subsection (3) has effect despite any arrangement to the contrary.\n- (a) carry out the functions of a security provider; or\n- (b) advertise, or in any way hold out, that the person carries out or is willing to carry out, the functions of a security provider.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1,000 penalty units or 18 months imprisonment.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1,000 penalty units or 18 months imprisonment.","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Application for licence","content":"## Application for licence","sortOrder":18},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application","content":"### sec.10 Application\n\nAn application for a licence may be made to the chief executive by—\nfor any licence—an individual; or\nfor a security firm licence—a person or a partnership.\nThe application must be made in the approved form and must be accompanied by the fee prescribed under a regulation.\nIf, before or when the application is made, the chief executive requires the payment of costs under section 12AA (1) , the application must also be accompanied by the amount of the costs required to be paid.\nThe applicant must state in the application—\nthe term of the licence being applied for; and\nif the functions of more than 1 type of security provider are intended to be carried out under the licence—each type of security provider for which the licence is sought.\nThe applicant must also state in the application—\nif it is for carrying out the functions of a security officer—the category of functions intended to be carried out under the licence; or\nif it is for carrying out the functions of a security firm—the security firm services intended to be supplied under the licence.\nIf the application is for carrying out the functions of a security firm, the application must include evidence that the applicant is a current member of an approved security industry association.\nOnly an individual may apply for, or be granted, a licence for carrying out the functions of any of the following—\na bodyguard;\na crowd controller;\na private investigator;\na security adviser;\na security equipment installer;\na security officer.\nThe chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse.\nA requirement mentioned in subsection (2A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\nAn application for a licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27 , unless the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\nIf a regulation prescribes a fee for taking a relevant person’s fingerprints under section 27 , the application must be accompanied by the fee for each relevant person for the application.\nHowever, subsection (9) does not apply if the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\nIf a relevant person’s fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (9) for the relevant person for the application.\ns 10 amd 2003 No. 94 s 83 ; 2007 No. 15 s 14 ; 2008 No. 26 s 13 ; 2008 No. 69 s 88 ; 2009 No. 2 s 71 ; 2010 No. 54 s 61\n(sec.10-ssec.1) An application for a licence may be made to the chief executive by— for any licence—an individual; or for a security firm licence—a person or a partnership.\n(sec.10-ssec.2) The application must be made in the approved form and must be accompanied by the fee prescribed under a regulation.\n(sec.10-ssec.2A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA (1) , the application must also be accompanied by the amount of the costs required to be paid.\n(sec.10-ssec.3) The applicant must state in the application— the term of the licence being applied for; and if the functions of more than 1 type of security provider are intended to be carried out under the licence—each type of security provider for which the licence is sought.\n(sec.10-ssec.3A) The applicant must also state in the application— if it is for carrying out the functions of a security officer—the category of functions intended to be carried out under the licence; or if it is for carrying out the functions of a security firm—the security firm services intended to be supplied under the licence.\n(sec.10-ssec.3B) If the application is for carrying out the functions of a security firm, the application must include evidence that the applicant is a current member of an approved security industry association.\n(sec.10-ssec.4) Only an individual may apply for, or be granted, a licence for carrying out the functions of any of the following— a bodyguard; a crowd controller; a private investigator; a security adviser; a security equipment installer; a security officer.\n(sec.10-ssec.5) The chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days.\n(sec.10-ssec.6) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse.\n(sec.10-ssec.7) A requirement mentioned in subsection (2A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\n(sec.10-ssec.8) An application for a licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27 , unless the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\n(sec.10-ssec.9) If a regulation prescribes a fee for taking a relevant person’s fingerprints under section 27 , the application must be accompanied by the fee for each relevant person for the application.\n(sec.10-ssec.10) However, subsection (9) does not apply if the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\n(sec.10-ssec.11) If a relevant person’s fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (9) for the relevant person for the application.\n- (a) for any licence—an individual; or\n- (b) for a security firm licence—a person or a partnership.\n- (a) the term of the licence being applied for; and\n- (b) if the functions of more than 1 type of security provider are intended to be carried out under the licence—each type of security provider for which the licence is sought.\n- (a) if it is for carrying out the functions of a security officer—the category of functions intended to be carried out under the licence; or\n- (b) if it is for carrying out the functions of a security firm—the security firm services intended to be supplied under the licence.\n- (a) a bodyguard;\n- (b) a crowd controller;\n- (c) a private investigator;\n- (d) a security adviser;\n- (e) a security equipment installer;\n- (f) a security officer.","sortOrder":19},{"sectionNumber":"sec.11","sectionType":"section","heading":"Entitlement to licences—individuals","content":"### sec.11 Entitlement to licences—individuals\n\nThis section applies if an individual applies for a licence.\nA person is entitled to a licence if the chief executive is satisfied that the person—\nis either—\n18 years or more; or\nfor a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and\nfor an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and\nfor an application for a security firm licence—is a current member of an approved security industry association; and\nis an appropriate person to hold the licence.\nA person is taken to comply with subsection (2) (b) if the chief executive is satisfied the person, within 1 year before the day the person’s application for the licence is received by the chief executive, held a licence for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought.\nIn deciding whether a person is an appropriate person to hold a licence, the chief executive—\nmay only consider the matters mentioned in subsections (4) and (5) ; and\nmay not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 .\nIn deciding whether a person is an appropriate person to hold a licence, the chief executive must consider the following matters as indicating that the person may not be an appropriate person—\nin dealings in which the person has been involved, the person has—\nshown dishonesty or lack of integrity; or\nused harassing tactics;\nthe person has taken advantage, as a debtor, of the laws of bankruptcy;\nthe person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 applies;\nan unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court;\nany other information indicating—\nthe person is a risk to public safety; or\nthe holding of the licence by the person would be contrary to the public interest.\nA person is not an appropriate person to hold a licence if the person—\nhas, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or\nis subject to a relevant control order.\nIn this section—\napprentice or trainee means an apprentice or trainee within the meaning of the Further Education and Training Act 2014 .\nunrecorded finding of guilt , in relation to a relevant offence, means a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence.\ns 11 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2007 No. 15 s 15 ; 2008 No. 26 s 14 ; 2008 No. 69 s 89 ; 2009 No. 2 s 72 ; 2013 No. 62 ss 58 , 61 ; 2013 No. 64 s 171 ; 2014 No. 25 s 223 sch 1 ; 2016 No. 62 s 378\nNote—To give effect to 2008 No. 69 s 89 (1) , ‘from’ has been interpreted as ‘after’.\n(sec.11-ssec.1) This section applies if an individual applies for a licence.\n(sec.11-ssec.2) A person is entitled to a licence if the chief executive is satisfied that the person— is either— 18 years or more; or for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and for an application for a security firm licence—is a current member of an approved security industry association; and is an appropriate person to hold the licence.\n(sec.11-ssec.2A) A person is taken to comply with subsection (2) (b) if the chief executive is satisfied the person, within 1 year before the day the person’s application for the licence is received by the chief executive, held a licence for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought.\n(sec.11-ssec.3) In deciding whether a person is an appropriate person to hold a licence, the chief executive— may only consider the matters mentioned in subsections (4) and (5) ; and may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 .\n(sec.11-ssec.4) In deciding whether a person is an appropriate person to hold a licence, the chief executive must consider the following matters as indicating that the person may not be an appropriate person— in dealings in which the person has been involved, the person has— shown dishonesty or lack of integrity; or used harassing tactics; the person has taken advantage, as a debtor, of the laws of bankruptcy; the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 applies; an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court; any other information indicating— the person is a risk to public safety; or the holding of the licence by the person would be contrary to the public interest.\n(sec.11-ssec.5) A person is not an appropriate person to hold a licence if the person— has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or is subject to a relevant control order.\n(sec.11-ssec.6) In this section— apprentice or trainee means an apprentice or trainee within the meaning of the Further Education and Training Act 2014 . unrecorded finding of guilt , in relation to a relevant offence, means a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence.\n- (a) is either— (i) 18 years or more; or (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and\n- (i) 18 years or more; or\n- (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and\n- (b) for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and\n- (c) for an application for a security firm licence—is a current member of an approved security industry association; and\n- (d) is an appropriate person to hold the licence.\n- (i) 18 years or more; or\n- (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and\n- (a) may only consider the matters mentioned in subsections (4) and (5) ; and\n- (b) may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 .\n- (a) in dealings in which the person has been involved, the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics;\n- (i) shown dishonesty or lack of integrity; or\n- (ii) used harassing tactics;\n- (b) the person has taken advantage, as a debtor, of the laws of bankruptcy;\n- (c) the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 applies;\n- (d) an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court;\n- (e) any other information indicating— (i) the person is a risk to public safety; or (ii) the holding of the licence by the person would be contrary to the public interest.\n- (i) the person is a risk to public safety; or\n- (ii) the holding of the licence by the person would be contrary to the public interest.\n- (i) shown dishonesty or lack of integrity; or\n- (ii) used harassing tactics;\n- (i) the person is a risk to public safety; or\n- (ii) the holding of the licence by the person would be contrary to the public interest.\n- (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or\n- (b) is subject to a relevant control order.","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Inquiries about person’s appropriateness to hold licence","content":"### sec.12 Inquiries about person’s appropriateness to hold licence\n\nThe chief executive may make inquiries about a person to assist in deciding whether the person—\nis an appropriate person for the grant of the licence; or\ncontinues to be an appropriate person.\nWithout limiting subsection (1) , the chief executive may ask the Commissioner to give the chief executive the following written information about the person—\na report about the person’s criminal history;\na brief description of the nature of the offence giving rise to a conviction or charge mentioned in the person’s criminal history.\nSubject to subsection (4) , the Commissioner must comply with a request made under subsection (2) .\nThe duty imposed on the Commissioner to comply with the request applies only to information in the Commissioner’s possession or to which the Commissioner has access.\nIf the person is, or has been, subject to a control order or registered corresponding control order, the report must—\nstate the details of the order; or\nbe accompanied by a copy of the order.\nIn this section—\noffence includes alleged offence.\ns 12 amd 2007 No. 15 s 16 ; 2013 No. 64 s 172 ; 2016 No. 62 s 379\n(sec.12-ssec.1) The chief executive may make inquiries about a person to assist in deciding whether the person— is an appropriate person for the grant of the licence; or continues to be an appropriate person.\n(sec.12-ssec.2) Without limiting subsection (1) , the chief executive may ask the Commissioner to give the chief executive the following written information about the person— a report about the person’s criminal history; a brief description of the nature of the offence giving rise to a conviction or charge mentioned in the person’s criminal history.\n(sec.12-ssec.3) Subject to subsection (4) , the Commissioner must comply with a request made under subsection (2) .\n(sec.12-ssec.4) The duty imposed on the Commissioner to comply with the request applies only to information in the Commissioner’s possession or to which the Commissioner has access.\n(sec.12-ssec.5) If the person is, or has been, subject to a control order or registered corresponding control order, the report must— state the details of the order; or be accompanied by a copy of the order.\n(sec.12-ssec.6) In this section— offence includes alleged offence.\n- (a) is an appropriate person for the grant of the licence; or\n- (b) continues to be an appropriate person.\n- (a) a report about the person’s criminal history;\n- (b) a brief description of the nature of the offence giving rise to a conviction or charge mentioned in the person’s criminal history.\n- (a) state the details of the order; or\n- (b) be accompanied by a copy of the order.","sortOrder":21},{"sectionNumber":"sec.12AA","sectionType":"section","heading":"Costs of criminal history report","content":"### sec.12AA Costs of criminal history report\n\nThe chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 12 (2) about—\nthe applicant or licensee; or\nif the applicant or licensee is a corporation—an officer of the corporation; or\nif the applicant or licensee is a partnership—a partner in the partnership.\nThe chief executive must refund to an applicant an amount paid under the requirement if—\nthe chief executive refuses the application without asking for the report; or\nthe applicant withdraws the application before the chief executive asks for the report.\nIn this section—\napplicant includes proposed applicant.\ns 12AA ins 2008 No. 69 s 90 ; 2013 No. 64 s 173\namd 2016 No. 62 s 380\n(sec.12AA-ssec.1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 12 (2) about— the applicant or licensee; or if the applicant or licensee is a corporation—an officer of the corporation; or if the applicant or licensee is a partnership—a partner in the partnership.\n(sec.12AA-ssec.2) The chief executive must refund to an applicant an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant withdraws the application before the chief executive asks for the report.\n(sec.12AA-ssec.3) In this section— applicant includes proposed applicant.\n- (a) the applicant or licensee; or\n- (b) if the applicant or licensee is a corporation—an officer of the corporation; or\n- (c) if the applicant or licensee is a partnership—a partner in the partnership.\n- (a) the chief executive refuses the application without asking for the report; or\n- (b) the applicant withdraws the application before the chief executive asks for the report.","sortOrder":22},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Notice of change in criminal history","content":"### sec.12A Notice of change in criminal history\n\nThis section applies if—\nthe Commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and\nthe person’s criminal history changes.\nThe Commissioner may notify the chief executive that the person’s criminal history has changed.\nThe notice must—\nstate the following details—\nthe person’s name and any other name the Commissioner believes the person may use or may have used;\nthe person’s date and place of birth;\na brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\nif the change includes the person becoming subject to a control order or registered corresponding control order—\nstate the details of the order; or\nbe accompanied by a copy of the order.\nThe chief executive may confirm the Commissioner’s suspicions under subsection (1) .\nFor a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\nIn this section—\noffence includes alleged offence.\ns 12A ins 2007 No. 15 s 17\namd 2016 No. 62 s 381\n(sec.12A-ssec.1) This section applies if— the Commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and the person’s criminal history changes.\n(sec.12A-ssec.2) The Commissioner may notify the chief executive that the person’s criminal history has changed.\n(sec.12A-ssec.3) The notice must— state the following details— the person’s name and any other name the Commissioner believes the person may use or may have used; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and if the change includes the person becoming subject to a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order.\n(sec.12A-ssec.4) The chief executive may confirm the Commissioner’s suspicions under subsection (1) .\n(sec.12A-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.12A-ssec.6) In this section— offence includes alleged offence.\n- (a) the Commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and\n- (b) the person’s criminal history changes.\n- (a) state the following details— (i) the person’s name and any other name the Commissioner believes the person may use or may have used; (ii) the person’s date and place of birth; (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (i) the person’s name and any other name the Commissioner believes the person may use or may have used;\n- (ii) the person’s date and place of birth;\n- (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (b) if the change includes the person becoming subject to a control order or registered corresponding control order— (i) state the details of the order; or (ii) be accompanied by a copy of the order.\n- (i) state the details of the order; or\n- (ii) be accompanied by a copy of the order.\n- (i) the person’s name and any other name the Commissioner believes the person may use or may have used;\n- (ii) the person’s date and place of birth;\n- (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (i) state the details of the order; or\n- (ii) be accompanied by a copy of the order.","sortOrder":23},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Use of information obtained under s 12 or 12A","content":"### sec.12B Use of information obtained under s 12 or 12A\n\nThis section applies to the chief executive in considering information about a person obtained under section 12 or 12A .\nInformation about the following may be used only for making a decision about whether the person is, or continues to be, an appropriate person to hold a licence—\na conviction of the person;\nif the person is subject to a control order or registered corresponding control order—the control order.\nInformation about a charge made against the person for a disqualifying offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person’s licence.\nSubsections (2) and (3) do not affect sections 14 (2) and 21 (3) .\nWhen making a decision mentioned in subsection (2) , the chief executive must have regard to the following matters relating to information about the commission of an offence by the person—\nwhen the offence was committed;\nthe nature of the offence and its relevance to the person carrying out the functions of a security provider under the licence;\nanything else the chief executive considers relevant to the decision.\nWhen making a decision mentioned in subsection (3) , the chief executive must have regard to the following matters relating to information about the alleged or possible commission of an offence by the person—\nwhen the offence is alleged to have been committed or may possibly have been committed;\nthe nature of the alleged or possible offence and its relevance to the person carrying out the functions of a security provider under the licence;\nanything else the chief executive considers relevant to the decision.\nThe chief executive must destroy information obtained by the chief executive under section 12 or 12A as soon as practicable after it is no longer needed for the purpose for which it was requested or given.\nThe Public Records Act 2023 does not apply to information mentioned in subsection (7) .\ns 12B prev s 12B ins 2007 No. 15 s 17\nom 2016 No. 62 s 382\npres s 12B (prev s 12C) ins 2007 No. 15 s 17\namd 2008 No. 26 s 15 ; 2013 No. 64 s 174; 2016 No. 62 s 383 (1) – (7)\nrenum 2016 No. 62 s 383 (8)\namd 2023 No. 33 s 107 sch 4\n(sec.12B-ssec.1) This section applies to the chief executive in considering information about a person obtained under section 12 or 12A .\n(sec.12B-ssec.2) Information about the following may be used only for making a decision about whether the person is, or continues to be, an appropriate person to hold a licence— a conviction of the person; if the person is subject to a control order or registered corresponding control order—the control order.\n(sec.12B-ssec.3) Information about a charge made against the person for a disqualifying offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person’s licence.\n(sec.12B-ssec.4) Subsections (2) and (3) do not affect sections 14 (2) and 21 (3) .\n(sec.12B-ssec.5) When making a decision mentioned in subsection (2) , the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— when the offence was committed; the nature of the offence and its relevance to the person carrying out the functions of a security provider under the licence; anything else the chief executive considers relevant to the decision.\n(sec.12B-ssec.6) When making a decision mentioned in subsection (3) , the chief executive must have regard to the following matters relating to information about the alleged or possible commission of an offence by the person— when the offence is alleged to have been committed or may possibly have been committed; the nature of the alleged or possible offence and its relevance to the person carrying out the functions of a security provider under the licence; anything else the chief executive considers relevant to the decision.\n(sec.12B-ssec.7) The chief executive must destroy information obtained by the chief executive under section 12 or 12A as soon as practicable after it is no longer needed for the purpose for which it was requested or given.\n(sec.12B-ssec.8) The Public Records Act 2023 does not apply to information mentioned in subsection (7) .\n- (a) a conviction of the person;\n- (b) if the person is subject to a control order or registered corresponding control order—the control order.\n- (a) when the offence was committed;\n- (b) the nature of the offence and its relevance to the person carrying out the functions of a security provider under the licence;\n- (c) anything else the chief executive considers relevant to the decision.\n- (a) when the offence is alleged to have been committed or may possibly have been committed;\n- (b) the nature of the alleged or possible offence and its relevance to the person carrying out the functions of a security provider under the licence;\n- (c) anything else the chief executive considers relevant to the decision.","sortOrder":24},{"sectionNumber":"sec.13","sectionType":"section","heading":"Entitlement to licences—corporations or firms","content":"### sec.13 Entitlement to licences—corporations or firms\n\nIn this section—\nofficer of a corporation means—\na director, secretary or executive officer of the corporation; or\na person who can control or substantially influence the conduct of the corporation’s affairs including, for example, a person on whose directions or instructions the corporation’s directors usually act.\nThis section applies if a corporation or partnership applies for a security firm licence.\nThe applicant is entitled to the licence if the chief executive is satisfied that—\neach person who is an officer of the corporation, or partner in the partnership, is an appropriate person to be an officer or partner if the corporation or partnership were granted the licence; and\nif the applicant is a corporation—the corporation is an appropriate person to hold the licence; and\nthe applicant is a current member of an approved security industry association.\nFor subsection (3) (b) , in deciding whether a corporation is an appropriate person to hold a security firm licence, the chief executive—\nmust consider the following matters—\nwhether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court;\nany other information indicating—\nthe corporation is a risk to public safety; or\nthe holding of the licence by the corporation would be contrary to the public interest; but\nmay not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 .\nThe imposed conditions of the licence must state the security firm services that may be supplied under the licence.\nSections 11 (3) to (5) , 12 and 12B apply to a decision about whether a person mentioned in subsection (3) (a) is an appropriate person as if the person were the applicant for the licence.\nA corporation is not an appropriate person to hold a security firm licence if the corporation—\nhas, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction has been recorded; or\nis subject to a relevant control order.\ns 13 amd 2007 No. 15 s 18 ; 2009 No. 2 s 73 ; 2013 No. 62 s 59 ; 2013 No. 64 s 175 ; 2016 No. 62 s 384\n(sec.13-ssec.1) In this section— officer of a corporation means— a director, secretary or executive officer of the corporation; or a person who can control or substantially influence the conduct of the corporation’s affairs including, for example, a person on whose directions or instructions the corporation’s directors usually act.\n(sec.13-ssec.2) This section applies if a corporation or partnership applies for a security firm licence.\n(sec.13-ssec.3) The applicant is entitled to the licence if the chief executive is satisfied that— each person who is an officer of the corporation, or partner in the partnership, is an appropriate person to be an officer or partner if the corporation or partnership were granted the licence; and if the applicant is a corporation—the corporation is an appropriate person to hold the licence; and the applicant is a current member of an approved security industry association.\n(sec.13-ssec.3A) For subsection (3) (b) , in deciding whether a corporation is an appropriate person to hold a security firm licence, the chief executive— must consider the following matters— whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court; any other information indicating— the corporation is a risk to public safety; or the holding of the licence by the corporation would be contrary to the public interest; but may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 .\n(sec.13-ssec.4) The imposed conditions of the licence must state the security firm services that may be supplied under the licence.\n(sec.13-ssec.5) Sections 11 (3) to (5) , 12 and 12B apply to a decision about whether a person mentioned in subsection (3) (a) is an appropriate person as if the person were the applicant for the licence.\n(sec.13-ssec.6) A corporation is not an appropriate person to hold a security firm licence if the corporation— has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction has been recorded; or is subject to a relevant control order.\n- (a) a director, secretary or executive officer of the corporation; or\n- (b) a person who can control or substantially influence the conduct of the corporation’s affairs including, for example, a person on whose directions or instructions the corporation’s directors usually act.\n- (a) each person who is an officer of the corporation, or partner in the partnership, is an appropriate person to be an officer or partner if the corporation or partnership were granted the licence; and\n- (b) if the applicant is a corporation—the corporation is an appropriate person to hold the licence; and\n- (c) the applicant is a current member of an approved security industry association.\n- (a) must consider the following matters— (i) whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court; (ii) any other information indicating— (A) the corporation is a risk to public safety; or (B) the holding of the licence by the corporation would be contrary to the public interest; but\n- (i) whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court;\n- (ii) any other information indicating— (A) the corporation is a risk to public safety; or (B) the holding of the licence by the corporation would be contrary to the public interest; but\n- (A) the corporation is a risk to public safety; or\n- (B) the holding of the licence by the corporation would be contrary to the public interest; but\n- (b) may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48 .\n- (i) whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court;\n- (ii) any other information indicating— (A) the corporation is a risk to public safety; or (B) the holding of the licence by the corporation would be contrary to the public interest; but\n- (A) the corporation is a risk to public safety; or\n- (B) the holding of the licence by the corporation would be contrary to the public interest; but\n- (A) the corporation is a risk to public safety; or\n- (B) the holding of the licence by the corporation would be contrary to the public interest; but\n- (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction has been recorded; or\n- (b) is subject to a relevant control order.","sortOrder":25},{"sectionNumber":"sec.14","sectionType":"section","heading":"Decision on application","content":"### sec.14 Decision on application\n\nThe chief executive must consider an application for a licence and either—\ngrant the licence; or\nrefuse to grant the licence.\nDespite subsection (1) , if the applicant or another person required to be an appropriate person for the grant of the licence has been charged with a disqualifying offence, the chief executive may defer making a decision to grant or to refuse to grant the licence until the end of the proceeding for the charge.\nIf the chief executive decides to grant the licence, the chief executive must promptly give the applicant—\nthe licence; and\nif a condition is stated on the licence under section 15 —a QCAT information notice for the decision to impose the condition.\nA licence must state each type of security provider the functions of which may be carried out under the licence and, for a security officer, the category of functions that may be carried out under the licence.\nIf the chief executive decides to refuse to grant a licence, or grants a licence other than the licence applied for, the chief executive must give the applicant a QCAT information notice for the decision.\nIf the chief executive decides to defer making a decision to grant or to refuse to grant the licence, the chief executive must promptly give the applicant a QCAT information notice for the decision to defer making a decision to grant or to refuse to grant the licence.\nThis section is subject to section 28 (1) .\ns 14 amd 2003 No. 94 s 84 ; 2007 No. 15 s 19 ; 2008 No. 26 s 16 ; 2009 No. 24 s 773 ; 2010 No. 54 s 62 ; 2013 No. 64 s 176 ; 2016 No. 62 s 385\n(sec.14-ssec.1) The chief executive must consider an application for a licence and either— grant the licence; or refuse to grant the licence.\n(sec.14-ssec.2) Despite subsection (1) , if the applicant or another person required to be an appropriate person for the grant of the licence has been charged with a disqualifying offence, the chief executive may defer making a decision to grant or to refuse to grant the licence until the end of the proceeding for the charge.\n(sec.14-ssec.3) If the chief executive decides to grant the licence, the chief executive must promptly give the applicant— the licence; and if a condition is stated on the licence under section 15 —a QCAT information notice for the decision to impose the condition.\n(sec.14-ssec.4) A licence must state each type of security provider the functions of which may be carried out under the licence and, for a security officer, the category of functions that may be carried out under the licence.\n(sec.14-ssec.5) If the chief executive decides to refuse to grant a licence, or grants a licence other than the licence applied for, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.14-ssec.6) If the chief executive decides to defer making a decision to grant or to refuse to grant the licence, the chief executive must promptly give the applicant a QCAT information notice for the decision to defer making a decision to grant or to refuse to grant the licence.\n(sec.14-ssec.7) This section is subject to section 28 (1) .\n- (a) grant the licence; or\n- (b) refuse to grant the licence.\n- (a) the licence; and\n- (b) if a condition is stated on the licence under section 15 —a QCAT information notice for the decision to impose the condition.","sortOrder":26},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Continuation of restricted licence","content":"### sec.14A Continuation of restricted licence\n\nSubsection (2) applies if—\na person who is the holder of a restricted licence applies under section 10 for the grant of an unrestricted licence for carrying out the same type of security provider functions as the person is authorised to carry out under the restricted licence; and\nthe chief executive has not, before the restricted licence ends, decided whether to grant the unrestricted licence.\nThe restricted licence is taken to continue in force until the day—\nthe chief executive grants, or refuses to grant, the unrestricted licence; or\nthe person withdraws the application for the unrestricted licence.\nIf the chief executive grants the unrestricted licence to the person, the restricted licence is cancelled on the day the unrestricted licence is granted.\ns 14A ins 2007 No. 15 s 20\n(sec.14A-ssec.1) Subsection (2) applies if— a person who is the holder of a restricted licence applies under section 10 for the grant of an unrestricted licence for carrying out the same type of security provider functions as the person is authorised to carry out under the restricted licence; and the chief executive has not, before the restricted licence ends, decided whether to grant the unrestricted licence.\n(sec.14A-ssec.2) The restricted licence is taken to continue in force until the day— the chief executive grants, or refuses to grant, the unrestricted licence; or the person withdraws the application for the unrestricted licence.\n(sec.14A-ssec.3) If the chief executive grants the unrestricted licence to the person, the restricted licence is cancelled on the day the unrestricted licence is granted.\n- (a) a person who is the holder of a restricted licence applies under section 10 for the grant of an unrestricted licence for carrying out the same type of security provider functions as the person is authorised to carry out under the restricted licence; and\n- (b) the chief executive has not, before the restricted licence ends, decided whether to grant the unrestricted licence.\n- (a) the chief executive grants, or refuses to grant, the unrestricted licence; or\n- (b) the person withdraws the application for the unrestricted licence.","sortOrder":27},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Conditions and term of licence","content":"## Conditions and term of licence","sortOrder":28},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Statutory conditions","content":"### sec.14B Statutory conditions\n\nA restricted licence is subject to the conditions that the licensee—\nmay carry out only—\nfor a security provider other than a security officer—the functions of each type of security provider stated in the licence; or\nfor a security officer—the category of functions of a security officer stated in the licence; and\nwhen carrying out the functions must be under appropriate direct supervision.\nAn unrestricted licence is subject to the condition that, if required in writing by the chief executive, the licensee must complete relevant approved training—\non renewal of the licence; or\nat 1 or more stated intervals during the term of the licence; or\nboth on renewal of the licence and at 1 or more stated intervals during the term of the licence.\nThe chief executive may make a requirement under subsection (2) only if satisfied the relevant approved training is required—\nbecause of an increased risk to public safety or protection of property since the licensee’s latest successful completion of an approved training course or relevant approved training; or\nto update the licensee’s competency for carrying out the functions, or the category of functions, of a security provider authorised under the licence.\nA licensee must comply with the statutory conditions of the licence.\nSee section 21 (1) (b) for a contravention of a condition of a licence.\nNo appeal lies against a decision of the chief executive made under subsection (2) .\nA court or tribunal must dismiss a proceeding started in contravention of subsection (5) .\nIn this section—\ndecision includes a decision affected by jurisdictional error.\nrelevant approved training , in relation to an unrestricted licence, means training approved by the chief executive for carrying out—\nfor a security provider other than a security officer—the functions of each type of security provider stated in the licence; or\nfor a security officer—the category of functions of a security officer stated in the licence.\n1 or more components of an approved training course\ns 14B ins 2007 No. 15 s 20\nsub 2008 No. 26 s 17\n(sec.14B-ssec.1) A restricted licence is subject to the conditions that the licensee— may carry out only— for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or for a security officer—the category of functions of a security officer stated in the licence; and when carrying out the functions must be under appropriate direct supervision.\n(sec.14B-ssec.2) An unrestricted licence is subject to the condition that, if required in writing by the chief executive, the licensee must complete relevant approved training— on renewal of the licence; or at 1 or more stated intervals during the term of the licence; or both on renewal of the licence and at 1 or more stated intervals during the term of the licence.\n(sec.14B-ssec.3) The chief executive may make a requirement under subsection (2) only if satisfied the relevant approved training is required— because of an increased risk to public safety or protection of property since the licensee’s latest successful completion of an approved training course or relevant approved training; or to update the licensee’s competency for carrying out the functions, or the category of functions, of a security provider authorised under the licence.\n(sec.14B-ssec.4) A licensee must comply with the statutory conditions of the licence. See section 21 (1) (b) for a contravention of a condition of a licence.\n(sec.14B-ssec.5) No appeal lies against a decision of the chief executive made under subsection (2) .\n(sec.14B-ssec.6) A court or tribunal must dismiss a proceeding started in contravention of subsection (5) .\n(sec.14B-ssec.7) In this section— decision includes a decision affected by jurisdictional error. relevant approved training , in relation to an unrestricted licence, means training approved by the chief executive for carrying out— for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or for a security officer—the category of functions of a security officer stated in the licence. 1 or more components of an approved training course\n- (a) may carry out only— (i) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or (ii) for a security officer—the category of functions of a security officer stated in the licence; and\n- (i) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or\n- (ii) for a security officer—the category of functions of a security officer stated in the licence; and\n- (b) when carrying out the functions must be under appropriate direct supervision.\n- (i) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or\n- (ii) for a security officer—the category of functions of a security officer stated in the licence; and\n- (a) on renewal of the licence; or\n- (b) at 1 or more stated intervals during the term of the licence; or\n- (c) both on renewal of the licence and at 1 or more stated intervals during the term of the licence.\n- (a) because of an increased risk to public safety or protection of property since the licensee’s latest successful completion of an approved training course or relevant approved training; or\n- (b) to update the licensee’s competency for carrying out the functions, or the category of functions, of a security provider authorised under the licence.\n- (a) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or\n- (b) for a security officer—the category of functions of a security officer stated in the licence.\n- 1 or more components of an approved training course","sortOrder":29},{"sectionNumber":"sec.15","sectionType":"section","heading":"Imposed conditions","content":"### sec.15 Imposed conditions\n\nThe chief executive may grant a licence on conditions decided by the chief executive and stated on the licence ( imposed conditions ).\nWithout limiting subsection (1) , for a security firm licence, the imposed conditions may include a condition that the licensee must monitor, at stated intervals, whether or not its employees who are employed as security providers are complying with this Act.\nThe licensee must comply with the imposed conditions of the licence.\nThe contravention of an imposed condition that is prescribed under a regulation for this section is an offence.\nMaximum penalty—40 penalty units.\nAlso, see section 21 (1) (b) for a contravention of a condition of a licence.\ns 15 amd 2007 No. 15 s 21 ; 2008 No. 26 s 18\n(sec.15-ssec.1) The chief executive may grant a licence on conditions decided by the chief executive and stated on the licence ( imposed conditions ).\n(sec.15-ssec.2) Without limiting subsection (1) , for a security firm licence, the imposed conditions may include a condition that the licensee must monitor, at stated intervals, whether or not its employees who are employed as security providers are complying with this Act.\n(sec.15-ssec.3) The licensee must comply with the imposed conditions of the licence.\n(sec.15-ssec.4) The contravention of an imposed condition that is prescribed under a regulation for this section is an offence. Maximum penalty—40 penalty units. Also, see section 21 (1) (b) for a contravention of a condition of a licence.","sortOrder":30},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of licence","content":"### sec.16 Term of licence\n\nA licence, other than a restricted licence, may be issued for a term of 1 year or 3 years.\nA restricted licence may be issued for a term of not more than 6 months.\nAfter the term of a restricted licence (the first licence ) ends, the person who held the first licence can not apply for a further restricted licence for carrying out the functions that were authorised under the first licence.\ns 16 sub 2007 No. 15 s 22\n(sec.16-ssec.1) A licence, other than a restricted licence, may be issued for a term of 1 year or 3 years.\n(sec.16-ssec.2) A restricted licence may be issued for a term of not more than 6 months.\n(sec.16-ssec.3) After the term of a restricted licence (the first licence ) ends, the person who held the first licence can not apply for a further restricted licence for carrying out the functions that were authorised under the first licence.","sortOrder":31},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Amendment of licence","content":"## Amendment of licence","sortOrder":32},{"sectionNumber":"sec.17","sectionType":"section","heading":"Amendment of licence on application","content":"### sec.17 Amendment of licence on application\n\nA licensee may apply to the chief executive for an amendment of the licence, other than its statutory conditions.\nThe application must be in the approved form and accompanied by the fee prescribed under a regulation.\nThe chief executive must decide the application by—\namending the licence in the way applied for; or\nwith the applicant’s written agreement, amending the licence in another way; or\nrefusing to amend the licence.\nIf the chief executive decides to refuse to amend the licence, the chief executive must give the applicant a QCAT information notice for the decision.\nAn amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice.\ns 17 sub 2007 No. 15 s 22\namd 2009 No. 24 s 774\n(sec.17-ssec.1) A licensee may apply to the chief executive for an amendment of the licence, other than its statutory conditions.\n(sec.17-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation.\n(sec.17-ssec.3) The chief executive must decide the application by— amending the licence in the way applied for; or with the applicant’s written agreement, amending the licence in another way; or refusing to amend the licence.\n(sec.17-ssec.4) If the chief executive decides to refuse to amend the licence, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.17-ssec.5) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice.\n- (a) amending the licence in the way applied for; or\n- (b) with the applicant’s written agreement, amending the licence in another way; or\n- (c) refusing to amend the licence.","sortOrder":33},{"sectionNumber":"sec.18","sectionType":"section","heading":"Amendment of licence by chief executive","content":"### sec.18 Amendment of licence by chief executive\n\nThis section applies if—\nthe chief executive considers a licence, other than its statutory conditions, should be amended; and\nthe licensee has not applied for the amendment under section 17 .\nThe chief executive must give the licensee a written notice (the show cause notice ) that—\nstates the reasons for the amendment; and\noutlines the facts and circumstances forming the basis of the reasons; and\ninvites the licensee to show cause within a stated period, of at least 28 days, why the licence should not be amended.\nThe chief executive may amend the licence, other than its statutory conditions, if, after considering all representations made within the stated period, the chief executive still believes the licence should be amended—\nin the way mentioned in the show cause notice; or\nin another way, having regard to the representations.\nIf the chief executive decides to amend the licence, the chief executive must give the licensee a QCAT information notice for the decision.\nSubsections (2) to (4) do not apply if the licence is to be amended only—\nby omitting an imposed condition; or\nto correct a minor error or to make a change that is not a change of substance; or\nin another way that does not adversely affect the licensee’s interests.\nThe chief executive may make an amendment of a type mentioned in subsection (5) by written notice given to the licensee.\nAn amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice.\ns 18 amd 2005 No. 17 s 35\nsub 2007 No. 15 s 22\namd 2009 No. 24 s 775\n(sec.18-ssec.1) This section applies if— the chief executive considers a licence, other than its statutory conditions, should be amended; and the licensee has not applied for the amendment under section 17 .\n(sec.18-ssec.2) The chief executive must give the licensee a written notice (the show cause notice ) that— states the reasons for the amendment; and outlines the facts and circumstances forming the basis of the reasons; and invites the licensee to show cause within a stated period, of at least 28 days, why the licence should not be amended.\n(sec.18-ssec.3) The chief executive may amend the licence, other than its statutory conditions, if, after considering all representations made within the stated period, the chief executive still believes the licence should be amended— in the way mentioned in the show cause notice; or in another way, having regard to the representations.\n(sec.18-ssec.4) If the chief executive decides to amend the licence, the chief executive must give the licensee a QCAT information notice for the decision.\n(sec.18-ssec.5) Subsections (2) to (4) do not apply if the licence is to be amended only— by omitting an imposed condition; or to correct a minor error or to make a change that is not a change of substance; or in another way that does not adversely affect the licensee’s interests.\n(sec.18-ssec.6) The chief executive may make an amendment of a type mentioned in subsection (5) by written notice given to the licensee.\n(sec.18-ssec.7) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice.\n- (a) the chief executive considers a licence, other than its statutory conditions, should be amended; and\n- (b) the licensee has not applied for the amendment under section 17 .\n- (a) states the reasons for the amendment; and\n- (b) outlines the facts and circumstances forming the basis of the reasons; and\n- (c) invites the licensee to show cause within a stated period, of at least 28 days, why the licence should not be amended.\n- (a) in the way mentioned in the show cause notice; or\n- (b) in another way, having regard to the representations.\n- (a) by omitting an imposed condition; or\n- (b) to correct a minor error or to make a change that is not a change of substance; or\n- (c) in another way that does not adversely affect the licensee’s interests.","sortOrder":34},{"sectionNumber":"sec.19","sectionType":"section","heading":"Notice to return licence for recording amendment","content":"### sec.19 Notice to return licence for recording amendment\n\nThe chief executive, by written notice, may require a licensee to return the licensee’s licence to the chief executive within a stated period, of at least 14 days, to enable the chief executive to record on the licence an amendment of the licence under section 17 or 18 .\nAfter recording the amendment, the chief executive must return the licence to the licensee.\nA licensee to whom a notice under subsection (1) is given must comply with the notice, unless the licensee has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe amendment of a licence under section 17 or 18 does not depend on the amendment being recorded on the licence under this section.\ns 19 sub 2003 No. 94 s 85 ; 2007 No. 15 s 22\n(sec.19-ssec.1) The chief executive, by written notice, may require a licensee to return the licensee’s licence to the chief executive within a stated period, of at least 14 days, to enable the chief executive to record on the licence an amendment of the licence under section 17 or 18 .\n(sec.19-ssec.2) After recording the amendment, the chief executive must return the licence to the licensee.\n(sec.19-ssec.3) A licensee to whom a notice under subsection (1) is given must comply with the notice, unless the licensee has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.19-ssec.4) The amendment of a licence under section 17 or 18 does not depend on the amendment being recorded on the licence under this section.","sortOrder":35},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Other provisions about licence","content":"## Other provisions about licence","sortOrder":36},{"sectionNumber":"sec.20","sectionType":"section","heading":"Renewal of unrestricted licence","content":"### sec.20 Renewal of unrestricted licence\n\nA licensee may apply to the chief executive for the renewal of an unrestricted licence before the licence ends.\nIf, before or when the application is made, the chief executive requires the payment of costs under section 12AA (1) , the application must be accompanied by the amount of the costs required to be paid.\nIf an application for renewal of an unrestricted licence is made, the chief executive must renew the licence unless the chief executive refuses to renew it under section 22 or 28 (2) .\nDespite subsection (2) , but without limiting section 22 , if either of the following has been charged with a disqualifying offence, the chief executive may defer making a decision to renew or to refuse to renew the unrestricted licence until the end of the proceeding for the charge—\nthe applicant;\nanother person required to be an appropriate person for the grant of the unrestricted licence.\nA renewal begins at the end of the day on which, apart from its renewal, the unrestricted licence would have ended.\nA renewal is for the term, of 1 year or 3 years, specified in the renewed licence.\nIf an application is made under subsection (1) for the renewal of an unrestricted licence and the chief executive has not, before the licence ends, decided whether to renew the licence, the licence is taken to continue in force until the day—\nthe chief executive renews, or refuses to renew, the licence; or\nthe licensee withdraws the application for renewal.\nA requirement mentioned in subsection (1A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.\nAn application for renewal of an unrestricted licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27 , unless the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\nIf a regulation prescribes a fee for taking a relevant person’s fingerprints under section 27 , the application must be accompanied by the fee for each relevant person for the application.\nHowever, subsection (8) does not apply if the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\nIf a relevant person’s fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (8) for the relevant person for the application.\ns 20 amd 1999 No. 63 s 87 ; 2003 No. 94 s 86 ; 2007 No. 15 s 23 ; 2008 No. 69 s 91 ; 2010 No. 54 s 63\n(sec.20-ssec.1) A licensee may apply to the chief executive for the renewal of an unrestricted licence before the licence ends.\n(sec.20-ssec.1A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA (1) , the application must be accompanied by the amount of the costs required to be paid.\n(sec.20-ssec.2) If an application for renewal of an unrestricted licence is made, the chief executive must renew the licence unless the chief executive refuses to renew it under section 22 or 28 (2) .\n(sec.20-ssec.2A) Despite subsection (2) , but without limiting section 22 , if either of the following has been charged with a disqualifying offence, the chief executive may defer making a decision to renew or to refuse to renew the unrestricted licence until the end of the proceeding for the charge— the applicant; another person required to be an appropriate person for the grant of the unrestricted licence.\n(sec.20-ssec.3) A renewal begins at the end of the day on which, apart from its renewal, the unrestricted licence would have ended.\n(sec.20-ssec.4) A renewal is for the term, of 1 year or 3 years, specified in the renewed licence.\n(sec.20-ssec.5) If an application is made under subsection (1) for the renewal of an unrestricted licence and the chief executive has not, before the licence ends, decided whether to renew the licence, the licence is taken to continue in force until the day— the chief executive renews, or refuses to renew, the licence; or the licensee withdraws the application for renewal.\n(sec.20-ssec.6) A requirement mentioned in subsection (1A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site.\n(sec.20-ssec.7) An application for renewal of an unrestricted licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27 , unless the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\n(sec.20-ssec.8) If a regulation prescribes a fee for taking a relevant person’s fingerprints under section 27 , the application must be accompanied by the fee for each relevant person for the application.\n(sec.20-ssec.9) However, subsection (8) does not apply if the Commissioner already holds the relevant person’s fingerprints taken under section 27 .\n(sec.20-ssec.10) If a relevant person’s fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (8) for the relevant person for the application.\n- (a) the applicant;\n- (b) another person required to be an appropriate person for the grant of the unrestricted licence.\n- (a) the chief executive renews, or refuses to renew, the licence; or\n- (b) the licensee withdraws the application for renewal.","sortOrder":37},{"sectionNumber":"sec.21","sectionType":"section","heading":"Grounds for suspension, cancellation or refusal to renew","content":"### sec.21 Grounds for suspension, cancellation or refusal to renew\n\nEach of the following is a ground for the suspension or cancellation of a licence or the refusal to renew a licence—\nthe licence, or a renewal of the licence, was obtained because of materially incorrect or misleading information;\nthe licensee has contravened this Act, including a code of practice, or a condition of the licence;\nthe licensee has committed an offence against this Act;\nif the licensee is an individual or a partnership—the individual, the partnership or any partner—\nhas been convicted of an offence against the Industrial Relations Act 2016 , section 928 relating to the under payment of wages; or\nhas contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages;\nif the licensee is a corporation—\nthe licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth) , section 719 in relation to the payment of an amount to a person; or\nthe licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth) , section 719 (6) or (7) or 720 to pay an amount to or on behalf of the person;\nWorkplace Relations Act 1996 (Cwlth) —see the Acts Interpretation Act 1954 , section 14H and the Fair Work Act 2009 (Cwlth) .\nthe licensee is not a member of an approved security industry association;\nthe licensee, or another person required to be an appropriate person for the grant of the licence, is not, or is no longer, an appropriate person.\nHowever, subsection (1) (f) applies only if at least 60 days have passed since the later of the following—\nthe licensee was last a member of an approved security industry association;\nthe commencement of this subsection.\nDespite subsection (1) (g) , the following are not grounds for cancellation of a licence under section 22 —\nthe licensee, or another person required to be an appropriate person in relation to the licence, is convicted of a disqualifying offence;\nthe licensee, or another person required to be an appropriate person in relation to the licence, becomes subject to a relevant control order.\nSee section 24 for cancellation of a licence in the circumstances mentioned in this subsection.\nThe question whether a person is, or continues to be, an appropriate person is decided in the same way as the question whether the person would be an appropriate person for the grant of the licence.\nThe charging of a licensee, or another person required to be an appropriate person for the grant of the licence, with a disqualifying offence is a ground for suspending, or refusing to renew, the licence concerned until the end of the proceeding for the charge.\nThe power of the court to impose conditions of bail under the Bail Act 1980 includes the power to impose a condition that the licensee not act as a security provider as stated in the condition.\ns 21 amd 2003 No. 94 s 87 ; 2007 No. 15 s 24 ; 2008 No. 69 s 92 ; 2009 No. 2 s 74 ; 2013 No. 64 s 177 ; 2016 No. 62 s 386 ; 2016 No. 63 s 1157 sch 6\n(sec.21-ssec.1) Each of the following is a ground for the suspension or cancellation of a licence or the refusal to renew a licence— the licence, or a renewal of the licence, was obtained because of materially incorrect or misleading information; the licensee has contravened this Act, including a code of practice, or a condition of the licence; the licensee has committed an offence against this Act; if the licensee is an individual or a partnership—the individual, the partnership or any partner— has been convicted of an offence against the Industrial Relations Act 2016 , section 928 relating to the under payment of wages; or has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages; if the licensee is a corporation— the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth) , section 719 in relation to the payment of an amount to a person; or the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth) , section 719 (6) or (7) or 720 to pay an amount to or on behalf of the person; Workplace Relations Act 1996 (Cwlth) —see the Acts Interpretation Act 1954 , section 14H and the Fair Work Act 2009 (Cwlth) . the licensee is not a member of an approved security industry association; the licensee, or another person required to be an appropriate person for the grant of the licence, is not, or is no longer, an appropriate person.\n(sec.21-ssec.2) However, subsection (1) (f) applies only if at least 60 days have passed since the later of the following— the licensee was last a member of an approved security industry association; the commencement of this subsection.\n(sec.21-ssec.3) Despite subsection (1) (g) , the following are not grounds for cancellation of a licence under section 22 — the licensee, or another person required to be an appropriate person in relation to the licence, is convicted of a disqualifying offence; the licensee, or another person required to be an appropriate person in relation to the licence, becomes subject to a relevant control order. See section 24 for cancellation of a licence in the circumstances mentioned in this subsection.\n(sec.21-ssec.4) The question whether a person is, or continues to be, an appropriate person is decided in the same way as the question whether the person would be an appropriate person for the grant of the licence.\n(sec.21-ssec.5) The charging of a licensee, or another person required to be an appropriate person for the grant of the licence, with a disqualifying offence is a ground for suspending, or refusing to renew, the licence concerned until the end of the proceeding for the charge.\n(sec.21-ssec.6) The power of the court to impose conditions of bail under the Bail Act 1980 includes the power to impose a condition that the licensee not act as a security provider as stated in the condition.\n- (a) the licence, or a renewal of the licence, was obtained because of materially incorrect or misleading information;\n- (b) the licensee has contravened this Act, including a code of practice, or a condition of the licence;\n- (c) the licensee has committed an offence against this Act;\n- (d) if the licensee is an individual or a partnership—the individual, the partnership or any partner— (i) has been convicted of an offence against the Industrial Relations Act 2016 , section 928 relating to the under payment of wages; or (ii) has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages;\n- (i) has been convicted of an offence against the Industrial Relations Act 2016 , section 928 relating to the under payment of wages; or\n- (ii) has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages;\n- (e) if the licensee is a corporation— (i) the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth) , section 719 in relation to the payment of an amount to a person; or (ii) the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth) , section 719 (6) or (7) or 720 to pay an amount to or on behalf of the person; Editor’s note— Workplace Relations Act 1996 (Cwlth) —see the Acts Interpretation Act 1954 , section 14H and the Fair Work Act 2009 (Cwlth) .\n- (i) the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth) , section 719 in relation to the payment of an amount to a person; or\n- (ii) the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth) , section 719 (6) or (7) or 720 to pay an amount to or on behalf of the person;\n- (f) the licensee is not a member of an approved security industry association;\n- (g) the licensee, or another person required to be an appropriate person for the grant of the licence, is not, or is no longer, an appropriate person.\n- (i) has been convicted of an offence against the Industrial Relations Act 2016 , section 928 relating to the under payment of wages; or\n- (ii) has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages;\n- (i) the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth) , section 719 in relation to the payment of an amount to a person; or\n- (ii) the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth) , section 719 (6) or (7) or 720 to pay an amount to or on behalf of the person;\n- (a) the licensee was last a member of an approved security industry association;\n- (b) the commencement of this subsection.\n- (a) the licensee, or another person required to be an appropriate person in relation to the licence, is convicted of a disqualifying offence;\n- (b) the licensee, or another person required to be an appropriate person in relation to the licence, becomes subject to a relevant control order.","sortOrder":38},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Approved security industry association must give notice of persons whose membership of the association ends","content":"### sec.21A Approved security industry association must give notice of persons whose membership of the association ends\n\nAn approved security industry association must, within 14 days after the end of each successive month after becoming an approved security industry association, give the chief executive written notice of—\neach person whose membership of the association ended during the month; and\nthe date the membership ended.\nMaximum penalty—20 penalty units.\ns 21A ins 2009 No. 2 s 75\n- (a) each person whose membership of the association ended during the month; and\n- (b) the date the membership ended.","sortOrder":39},{"sectionNumber":"sec.22","sectionType":"section","heading":"Procedure for suspension, cancellation or refusal to renew","content":"### sec.22 Procedure for suspension, cancellation or refusal to renew\n\nIf the chief executive considers that reasonable grounds exist to suspend, cancel or refuse to renew a licence (the action ), the chief executive must give the licensee a written notice (the show cause notice ) that—\nstates the action proposed; and\nstates the grounds for proposing to take the action; and\noutlines the facts and circumstances that form the basis for the chief executive’s belief; and\nif the chief executive proposes to suspend the licence—states the proposed suspension period; and\ninvites the licensee to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken.\nIf, after considering all representations made within the specified time, the chief executive still believes that grounds to take the action exist, the chief executive may—\nif the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or\nif the show cause notice was a notice of intention to cancel the licence—\ncancel the licence; or\nsuspend the licence for a period; or\nif the show cause notice was a notice of intention not to renew the licence—\nrefuse to renew the licence; or\nrefuse to renew the license for a period.\nThe chief executive must, by written notice, inform—\ngenerally—a licensee of a decision to cancel, suspend or refuse to renew the licensee’s licence; or\nfor a licensee mentioned in subsection (1) —the licensee of a decision not to take the action.\nIf the chief executive decides to cancel, suspend or refuse to renew the licence, the notice must be a QCAT information notice for the decision.\nThe decision takes effect on the later of the following—\nthe day on which the notice is given to the licensee;\nthe day specified in the notice.\ns 22 amd 2009 No. 24 s 776 ; 2013 No. 64 s 178 ; 2016 No. 62 s 387\n(sec.22-ssec.1) If the chief executive considers that reasonable grounds exist to suspend, cancel or refuse to renew a licence (the action ), the chief executive must give the licensee a written notice (the show cause notice ) that— states the action proposed; and states the grounds for proposing to take the action; and outlines the facts and circumstances that form the basis for the chief executive’s belief; and if the chief executive proposes to suspend the licence—states the proposed suspension period; and invites the licensee to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken.\n(sec.22-ssec.2) If, after considering all representations made within the specified time, the chief executive still believes that grounds to take the action exist, the chief executive may— if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or if the show cause notice was a notice of intention to cancel the licence— cancel the licence; or suspend the licence for a period; or if the show cause notice was a notice of intention not to renew the licence— refuse to renew the licence; or refuse to renew the license for a period.\n(sec.22-ssec.3) The chief executive must, by written notice, inform— generally—a licensee of a decision to cancel, suspend or refuse to renew the licensee’s licence; or for a licensee mentioned in subsection (1) —the licensee of a decision not to take the action.\n(sec.22-ssec.4) If the chief executive decides to cancel, suspend or refuse to renew the licence, the notice must be a QCAT information notice for the decision.\n(sec.22-ssec.5) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day specified in the notice.\n- (a) states the action proposed; and\n- (b) states the grounds for proposing to take the action; and\n- (c) outlines the facts and circumstances that form the basis for the chief executive’s belief; and\n- (d) if the chief executive proposes to suspend the licence—states the proposed suspension period; and\n- (e) invites the licensee to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken.\n- (a) if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or\n- (b) if the show cause notice was a notice of intention to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or\n- (i) cancel the licence; or\n- (ii) suspend the licence for a period; or\n- (c) if the show cause notice was a notice of intention not to renew the licence— (i) refuse to renew the licence; or (ii) refuse to renew the license for a period.\n- (i) refuse to renew the licence; or\n- (ii) refuse to renew the license for a period.\n- (i) cancel the licence; or\n- (ii) suspend the licence for a period; or\n- (i) refuse to renew the licence; or\n- (ii) refuse to renew the license for a period.\n- (a) generally—a licensee of a decision to cancel, suspend or refuse to renew the licensee’s licence; or\n- (b) for a licensee mentioned in subsection (1) —the licensee of a decision not to take the action.\n- (a) the day on which the notice is given to the licensee;\n- (b) the day specified in the notice.","sortOrder":40},{"sectionNumber":"sec.23","sectionType":"section","heading":"Return of suspended or cancelled licence","content":"### sec.23 Return of suspended or cancelled licence\n\nIf the chief executive cancels or suspends a person’s licence, the chief executive may give the person a written notice requiring the person to return the licence as specified within a specified period, of not less than 14 days.\nThe person must comply with the notice, unless the person has a reasonable excuse not to comply with it.\nMaximum penalty—20 penalty units.\nIf a licence returned to the chief executive is still current at the end of the suspension period, the chief executive must return the licence to the licensee.\n(sec.23-ssec.1) If the chief executive cancels or suspends a person’s licence, the chief executive may give the person a written notice requiring the person to return the licence as specified within a specified period, of not less than 14 days.\n(sec.23-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse not to comply with it. Maximum penalty—20 penalty units.\n(sec.23-ssec.3) If a licence returned to the chief executive is still current at the end of the suspension period, the chief executive must return the licence to the licensee.","sortOrder":41},{"sectionNumber":"sec.23A","sectionType":"section","heading":null,"content":"### Section sec.23A\n\ns 23A ins 2013 No. 64 s 179\nom 2016 No. 62 s 388","sortOrder":42},{"sectionNumber":"sec.24","sectionType":"section","heading":"Automatic cancellation","content":"### sec.24 Automatic cancellation\n\nA licensee’s licence is cancelled if the licensee, or another person required to be an appropriate person in relation to the licence—\nis convicted of a disqualifying offence for which a conviction is recorded; or\nbecomes subject to a relevant control order.\nA person whose licence is cancelled under subsection (1) must return the licence to the chief executive within 14 days after the happening of the event mentioned in subsection (1) .\nMaximum penalty for subsection (2) —20 penalty units.\ns 24 amd 2013 No. 62 s 60\nsub 2016 No. 62 s 389\n(sec.24-ssec.1) A licensee’s licence is cancelled if the licensee, or another person required to be an appropriate person in relation to the licence— is convicted of a disqualifying offence for which a conviction is recorded; or becomes subject to a relevant control order.\n(sec.24-ssec.2) A person whose licence is cancelled under subsection (1) must return the licence to the chief executive within 14 days after the happening of the event mentioned in subsection (1) . Maximum penalty for subsection (2) —20 penalty units.\n- (a) is convicted of a disqualifying offence for which a conviction is recorded; or\n- (b) becomes subject to a relevant control order.","sortOrder":43},{"sectionNumber":"sec.25","sectionType":"section","heading":"Replacement licences","content":"### sec.25 Replacement licences\n\nA licensee may apply to the chief executive for the replacement of a lost, stolen or destroyed licence.\nThe chief executive must consider each application and either—\nreplace the licence; or\nrefuse to replace the licence.\nIf the chief executive is satisfied that the licence has been lost, stolen or destroyed, the chief executive must replace the licence.\nIf the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision.\ns 25 amd 2009 No. 24 s 777\n(sec.25-ssec.1) A licensee may apply to the chief executive for the replacement of a lost, stolen or destroyed licence.\n(sec.25-ssec.2) The chief executive must consider each application and either— replace the licence; or refuse to replace the licence.\n(sec.25-ssec.3) If the chief executive is satisfied that the licence has been lost, stolen or destroyed, the chief executive must replace the licence.\n(sec.25-ssec.4) If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision.\n- (a) replace the licence; or\n- (b) refuse to replace the licence.","sortOrder":44},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Production of licence","content":"### sec.25A Production of licence\n\nThis section applies if—\na licensee is not wearing the prescribed identification when carrying out a function of a security provider; and\na person with whom the licensee is dealing when carrying out the function asks to inspect the licensee’s licence.\nThe licensee must produce the licensee’s licence for inspection.\nMaximum penalty—20 penalty units.\ns 25A ins 2007 No. 15 s 25\nsub 2014 No. 8 s 167\n(sec.25A-ssec.1) This section applies if— a licensee is not wearing the prescribed identification when carrying out a function of a security provider; and a person with whom the licensee is dealing when carrying out the function asks to inspect the licensee’s licence.\n(sec.25A-ssec.2) The licensee must produce the licensee’s licence for inspection. Maximum penalty—20 penalty units.\n- (a) a licensee is not wearing the prescribed identification when carrying out a function of a security provider; and\n- (b) a person with whom the licensee is dealing when carrying out the function asks to inspect the licensee’s licence.","sortOrder":45},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Approval of security industry associations","content":"### sec.25B Approval of security industry associations\n\nThe chief executive may, under requirements prescribed under a regulation—\napprove security industry associations for the purposes of this part; or\nwithdraw a security industry association’s approval under paragraph (a) .\ns 25B ins 2009 No. 2 s 76\n- (a) approve security industry associations for the purposes of this part; or\n- (b) withdraw a security industry association’s approval under paragraph (a) .","sortOrder":46},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Review of licence decisions","content":"## Review of licence decisions","sortOrder":47},{"sectionNumber":"sec.26","sectionType":"section","heading":"Review by QCAT of particular decisions of chief executive","content":"### sec.26 Review by QCAT of particular decisions of chief executive\n\nAn applicant for a licence may apply to QCAT for a review of a decision of the chief executive—\nto refuse to grant the licence; or\nto grant a licence other than the licence applied for, including, for example, by—\ngranting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or\nimposing a condition on the licence; or\nto defer making a decision to grant or to refuse to grant the licence.\nA licensee may apply to QCAT for a review of a decision of the chief executive—\nto amend the licence; or\nto refuse to amend the licence; or\nto suspend or cancel the licence; or\nto refuse to renew the licence; or\nto refuse to replace the licence.\nThe application must be made as provided under the QCAT Act .\ns 26 amd 2003 No. 94 s 88 ; 2007 No. 15 s 26 ; 2009 No. 24 s 779 ; 2009 No. 2 s 78 (amdt could not be given effect)\n(sec.26-ssec.1) An applicant for a licence may apply to QCAT for a review of a decision of the chief executive— to refuse to grant the licence; or to grant a licence other than the licence applied for, including, for example, by— granting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or imposing a condition on the licence; or to defer making a decision to grant or to refuse to grant the licence.\n(sec.26-ssec.2) A licensee may apply to QCAT for a review of a decision of the chief executive— to amend the licence; or to refuse to amend the licence; or to suspend or cancel the licence; or to refuse to renew the licence; or to refuse to replace the licence.\n(sec.26-ssec.3) The application must be made as provided under the QCAT Act .\n- (a) to refuse to grant the licence; or\n- (b) to grant a licence other than the licence applied for, including, for example, by— (i) granting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or (ii) imposing a condition on the licence; or\n- (i) granting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or\n- (ii) imposing a condition on the licence; or\n- (c) to defer making a decision to grant or to refuse to grant the licence.\n- (i) granting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or\n- (ii) imposing a condition on the licence; or\n- (a) to amend the licence; or\n- (b) to refuse to amend the licence; or\n- (c) to suspend or cancel the licence; or\n- (d) to refuse to renew the licence; or\n- (e) to refuse to replace the licence.","sortOrder":48},{"sectionNumber":"sec.26A","sectionType":"section","heading":null,"content":"### Section sec.26A\n\ns 26A ins 2013 No. 64 s 180\nom 2016 No. 62 s 390","sortOrder":49},{"sectionNumber":"sec.26B","sectionType":"section","heading":null,"content":"### Section sec.26B\n\ns 26B ins 2013 No. 64 s 180\nom 2016 No. 62 s 390","sortOrder":50},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Fingerprint procedures","content":"## Fingerprint procedures","sortOrder":51},{"sectionNumber":"sec.27","sectionType":"section","heading":"Fingerprints to be taken","content":"### sec.27 Fingerprints to be taken\n\nThis section applies if a person is agreeable under section 10 (8) or 20 (7) to having his or her fingerprints taken by the Commissioner.\nFor the following purposes, the chief executive must ask the Commissioner to take the person’s fingerprints—\nto assist the chief executive in deciding whether the person is, or continues to be, an appropriate person to hold a licence;\nto assist the chief executive in identifying the person for the purpose mentioned in paragraph (a) .\nThe Commissioner must comply with a request made under subsection (2) .\ns 27 prev s 27 om 2009 No. 24 s 780\npres s 27 ins 2010 No. 54 s 64\n(sec.27-ssec.1) This section applies if a person is agreeable under section 10 (8) or 20 (7) to having his or her fingerprints taken by the Commissioner.\n(sec.27-ssec.2) For the following purposes, the chief executive must ask the Commissioner to take the person’s fingerprints— to assist the chief executive in deciding whether the person is, or continues to be, an appropriate person to hold a licence; to assist the chief executive in identifying the person for the purpose mentioned in paragraph (a) .\n(sec.27-ssec.3) The Commissioner must comply with a request made under subsection (2) .\n- (a) to assist the chief executive in deciding whether the person is, or continues to be, an appropriate person to hold a licence;\n- (b) to assist the chief executive in identifying the person for the purpose mentioned in paragraph (a) .","sortOrder":52},{"sectionNumber":"sec.28","sectionType":"section","heading":"Chief executive must refuse to grant, or renew, licence if fingerprints have not been taken","content":"### sec.28 Chief executive must refuse to grant, or renew, licence if fingerprints have not been taken\n\nThe chief executive must refuse to grant a licence if the fingerprints of each relevant person for the application for the licence have not been taken by the Commissioner under section 27 .\nThe chief executive must refuse to renew an unrestricted licence if the fingerprints of each relevant person for the application for the renewal have not been taken by the Commissioner under section 27 .\ns 28 prev s 28 om 2009 No. 24 s 780\npres s 28 ins 2010 No. 54 s 64\n(sec.28-ssec.1) The chief executive must refuse to grant a licence if the fingerprints of each relevant person for the application for the licence have not been taken by the Commissioner under section 27 .\n(sec.28-ssec.2) The chief executive must refuse to renew an unrestricted licence if the fingerprints of each relevant person for the application for the renewal have not been taken by the Commissioner under section 27 .","sortOrder":53},{"sectionNumber":"sec.29","sectionType":"section","heading":"Commissioner to give chief executive information about a person’s identity derived from fingerprints","content":"### sec.29 Commissioner to give chief executive information about a person’s identity derived from fingerprints\n\nThe Commissioner must give the chief executive information about a person’s identity derived from fingerprints of the person taken under section 27 .\nHowever, the Commissioner must not give information under subsection (1) about a particular person if the Commissioner is reasonably satisfied that giving the information—\nmay prejudice or otherwise hinder an investigation to which the information may be relevant; or\nmay affect the safety of a police officer, complainant, informant or other person.\ns 29 prev s 29 sub 2007 No. 15 s 27\nom 2009 No. 24 s 780\npres s 29 ins 2010 No. 54 s 64\n(sec.29-ssec.1) The Commissioner must give the chief executive information about a person’s identity derived from fingerprints of the person taken under section 27 .\n(sec.29-ssec.2) However, the Commissioner must not give information under subsection (1) about a particular person if the Commissioner is reasonably satisfied that giving the information— may prejudice or otherwise hinder an investigation to which the information may be relevant; or may affect the safety of a police officer, complainant, informant or other person.\n- (a) may prejudice or otherwise hinder an investigation to which the information may be relevant; or\n- (b) may affect the safety of a police officer, complainant, informant or other person.","sortOrder":54},{"sectionNumber":"sec.30","sectionType":"section","heading":"Use of fingerprints by Commissioner","content":"### sec.30 Use of fingerprints by Commissioner\n\nThe Commissioner may use the fingerprints of a person taken under section 27 only—\nto comply with section 29 ; or\nfor performing a function of the Queensland Police Service.\ns 30 prev s 30 om 2009 No. 24 s 780\npres s 30 ins 2010 No. 54 s 64\n- (a) to comply with section 29 ; or\n- (b) for performing a function of the Queensland Police Service.","sortOrder":55},{"sectionNumber":"sec.31","sectionType":"section","heading":"Destruction of fingerprints","content":"### sec.31 Destruction of fingerprints\n\nThis section applies if—\nan application is made for a licence or renewal of an unrestricted licence; and\na relevant person’s fingerprints have been taken under section 27 for the application; and\neither—\nthe applicant withdraws the application; or\nthe chief executive refuses to grant or renew the licence, and the applicant’s review rights under section 26 for the application have been exhausted.\nThis section also applies if—\neither—\na licence is cancelled under section 22 , and the licensee’s review rights under section 26 for the cancellation have been exhausted; or\na licensee does not apply, under section 20 , for the renewal of the licence before the licence ends; and\na relevant person’s fingerprints have been taken under section 27 for an application for the licence or renewal of the licence.\nThe chief executive must request the Commissioner to destroy the fingerprints.\nThe Commissioner must comply with the request within a reasonable time.\nIn complying with the request, the Commissioner must destroy the fingerprints in the presence of a justice.\ns 31 prev s 31 om 2009 No. 24 s 780\npres s 31 ins 2010 No. 54 s 64\n(sec.31-ssec.1) This section applies if— an application is made for a licence or renewal of an unrestricted licence; and a relevant person’s fingerprints have been taken under section 27 for the application; and either— the applicant withdraws the application; or the chief executive refuses to grant or renew the licence, and the applicant’s review rights under section 26 for the application have been exhausted.\n(sec.31-ssec.2) This section also applies if— either— a licence is cancelled under section 22 , and the licensee’s review rights under section 26 for the cancellation have been exhausted; or a licensee does not apply, under section 20 , for the renewal of the licence before the licence ends; and a relevant person’s fingerprints have been taken under section 27 for an application for the licence or renewal of the licence.\n(sec.31-ssec.3) The chief executive must request the Commissioner to destroy the fingerprints.\n(sec.31-ssec.4) The Commissioner must comply with the request within a reasonable time.\n(sec.31-ssec.5) In complying with the request, the Commissioner must destroy the fingerprints in the presence of a justice.\n- (a) an application is made for a licence or renewal of an unrestricted licence; and\n- (b) a relevant person’s fingerprints have been taken under section 27 for the application; and\n- (c) either— (i) the applicant withdraws the application; or (ii) the chief executive refuses to grant or renew the licence, and the applicant’s review rights under section 26 for the application have been exhausted.\n- (i) the applicant withdraws the application; or\n- (ii) the chief executive refuses to grant or renew the licence, and the applicant’s review rights under section 26 for the application have been exhausted.\n- (i) the applicant withdraws the application; or\n- (ii) the chief executive refuses to grant or renew the licence, and the applicant’s review rights under section 26 for the application have been exhausted.\n- (a) either— (i) a licence is cancelled under section 22 , and the licensee’s review rights under section 26 for the cancellation have been exhausted; or (ii) a licensee does not apply, under section 20 , for the renewal of the licence before the licence ends; and\n- (i) a licence is cancelled under section 22 , and the licensee’s review rights under section 26 for the cancellation have been exhausted; or\n- (ii) a licensee does not apply, under section 20 , for the renewal of the licence before the licence ends; and\n- (b) a relevant person’s fingerprints have been taken under section 27 for an application for the licence or renewal of the licence.\n- (i) a licence is cancelled under section 22 , and the licensee’s review rights under section 26 for the cancellation have been exhausted; or\n- (ii) a licensee does not apply, under section 20 , for the renewal of the licence before the licence ends; and","sortOrder":56},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Temporary permits","content":"# Temporary permits","sortOrder":57},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Purpose of temporary permit","content":"### sec.31A Purpose of temporary permit\n\nA temporary permit allows the holder of a corresponding authority to carry out in Queensland stated authorised functions for a stated particular event.\nIn this section—\nstated means stated in the temporary permit.\ns 31A ins 2007 No. 15 s 28\n(sec.31A-ssec.1) A temporary permit allows the holder of a corresponding authority to carry out in Queensland stated authorised functions for a stated particular event.\n(sec.31A-ssec.2) In this section— stated means stated in the temporary permit.","sortOrder":58},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Term of temporary permit","content":"### sec.31B Term of temporary permit\n\nThe term of a temporary permit ends when the first of the following happens—\nthe event for which it is issued ends;\nthe term stated in the permit ends.\ns 31B ins 2007 No. 15 s 28\n- (a) the event for which it is issued ends;\n- (b) the term stated in the permit ends.","sortOrder":59},{"sectionNumber":"sec.31C","sectionType":"section","heading":"Application for temporary permit","content":"### sec.31C Application for temporary permit\n\nAn application for a temporary permit may be made to the chief executive by—\nfor a temporary permit for carrying out authorised functions of a security firm—a person or a partnership; or\nfor another temporary permit—an individual.\nThe application must be accompanied by—\nevidence satisfying the chief executive that the applicant holds a corresponding authority; and\nthe fee prescribed under a regulation.\nThe applicant must state in the application—\nthe event for which the temporary permit is sought; and\nthe authorised functions intended to be carried out under the temporary permit; and\nif authorised functions of a security firm are intended to be carried out—the security firm services intended to be supplied under the temporary permit.\nOnly an individual may apply for, or be granted, a temporary permit for carrying out authorised functions of any of the following—\na bodyguard;\na crowd controller;\na security officer.\nThe chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse.\ns 31C ins 2007 No. 15 s 28\n(sec.31C-ssec.1) An application for a temporary permit may be made to the chief executive by— for a temporary permit for carrying out authorised functions of a security firm—a person or a partnership; or for another temporary permit—an individual.\n(sec.31C-ssec.2) The application must be accompanied by— evidence satisfying the chief executive that the applicant holds a corresponding authority; and the fee prescribed under a regulation.\n(sec.31C-ssec.3) The applicant must state in the application— the event for which the temporary permit is sought; and the authorised functions intended to be carried out under the temporary permit; and if authorised functions of a security firm are intended to be carried out—the security firm services intended to be supplied under the temporary permit.\n(sec.31C-ssec.4) Only an individual may apply for, or be granted, a temporary permit for carrying out authorised functions of any of the following— a bodyguard; a crowd controller; a security officer.\n(sec.31C-ssec.5) The chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days.\n(sec.31C-ssec.6) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse.\n- (a) for a temporary permit for carrying out authorised functions of a security firm—a person or a partnership; or\n- (b) for another temporary permit—an individual.\n- (a) evidence satisfying the chief executive that the applicant holds a corresponding authority; and\n- (b) the fee prescribed under a regulation.\n- (a) the event for which the temporary permit is sought; and\n- (b) the authorised functions intended to be carried out under the temporary permit; and\n- (c) if authorised functions of a security firm are intended to be carried out—the security firm services intended to be supplied under the temporary permit.\n- (a) a bodyguard;\n- (b) a crowd controller;\n- (c) a security officer.","sortOrder":60},{"sectionNumber":"sec.31D","sectionType":"section","heading":"Application of pt 2 to temporary permit","content":"### sec.31D Application of pt 2 to temporary permit\n\nThe following provisions of part 2 apply to a temporary permit as if the temporary permit were a licence and the holder of the temporary permit were a licensee—\ndivision 2 , other than sections 10 , 11 (2) (b) and (2A) and 14A ;\nsection 15 , other than section 15 (2) (a) ;\ndivisions 4 and 5 , other than sections 20 and 25 ;\ndivision 6 .\nDespite subsection (1) (c) , sections 21 and 22 apply to a temporary permit only for suspending or cancelling the temporary permit.\ns 31D ins 2007 No. 15 s 28\n(sec.31D-ssec.1) The following provisions of part 2 apply to a temporary permit as if the temporary permit were a licence and the holder of the temporary permit were a licensee— division 2 , other than sections 10 , 11 (2) (b) and (2A) and 14A ; section 15 , other than section 15 (2) (a) ; divisions 4 and 5 , other than sections 20 and 25 ; division 6 .\n(sec.31D-ssec.2) Despite subsection (1) (c) , sections 21 and 22 apply to a temporary permit only for suspending or cancelling the temporary permit.\n- (a) division 2 , other than sections 10 , 11 (2) (b) and (2A) and 14A ;\n- (b) section 15 , other than section 15 (2) (a) ;\n- (c) divisions 4 and 5 , other than sections 20 and 25 ;\n- (d) division 6 .","sortOrder":61},{"sectionNumber":"sec.31E","sectionType":"section","heading":"What temporary permit must state","content":"### sec.31E What temporary permit must state\n\nA temporary permit must state—\nthe event for which it is issued; and\nthe authorised functions that may be carried out under the temporary permit; and\nif authorised functions of a security firm may be carried out—the security firm services that may be supplied under the temporary permit.\ns 31E ins 2007 No. 15 s 28\n- (a) the event for which it is issued; and\n- (b) the authorised functions that may be carried out under the temporary permit; and\n- (c) if authorised functions of a security firm may be carried out—the security firm services that may be supplied under the temporary permit.","sortOrder":62},{"sectionNumber":"sec.31F","sectionType":"section","heading":"Permit holder taken to hold appropriate licence if complying with conditions","content":"### sec.31F Permit holder taken to hold appropriate licence if complying with conditions\n\nThe holder of a temporary permit is taken to hold an appropriate licence for carrying out the functions of a security provider stated in the temporary permit.\nHowever, subsection (1) does not apply to the holder if the holder does not comply with the conditions of the temporary permit.\nIf a holder of a temporary permit does not comply with an imposed condition of the temporary permit, because of section 31D , section 15 (4) may apply to the holder if the imposed condition is prescribed under a regulation as mentioned in that subsection.\ns 31F ins 2007 No. 15 s 28\n(sec.31F-ssec.1) The holder of a temporary permit is taken to hold an appropriate licence for carrying out the functions of a security provider stated in the temporary permit.\n(sec.31F-ssec.2) However, subsection (1) does not apply to the holder if the holder does not comply with the conditions of the temporary permit. If a holder of a temporary permit does not comply with an imposed condition of the temporary permit, because of section 31D , section 15 (4) may apply to the holder if the imposed condition is prescribed under a regulation as mentioned in that subsection.","sortOrder":63},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":64},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 2014 No. 8 s 168","sortOrder":65},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2014 No. 8 s 168","sortOrder":66},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2014 No. 8 s 168","sortOrder":67},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2014 No. 8 s 168","sortOrder":68},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2014 No. 8 s 168","sortOrder":69},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2014 No. 8 s 168","sortOrder":70},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2014 No. 8 s 168","sortOrder":71},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2014 No. 8 s 168","sortOrder":72},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2014 No. 8 s 168","sortOrder":73},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 amd 1997 No. 82 s 90\nom 2014 No. 8 s 168","sortOrder":74},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2014 No. 8 s 168","sortOrder":75},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2014 No. 8 s 168","sortOrder":76},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 amd 2007 No. 15 s 30\nom 2014 No. 8 s 168","sortOrder":77},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 om 2014 No. 8 s 168","sortOrder":78},{"sectionNumber":"pt.4","sectionType":"part","heading":"General","content":"# General","sortOrder":79},{"sectionNumber":"sec.47","sectionType":"section","heading":"Identification to be worn by crowd controller","content":"### sec.47 Identification to be worn by crowd controller\n\nWhen acting as a crowd controller, a licensed crowd controller must wear the prescribed identification, so the identification is clearly visible.\nMaximum penalty—20 penalty units.\ns 47 amd 2007 No. 15 s 31","sortOrder":80},{"sectionNumber":"sec.48","sectionType":"section","heading":"Exchange of information","content":"### sec.48 Exchange of information\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the chief executive or the relevant agency; or\nto which the chief executive or the relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe chief executive perform the chief executive’s functions under this Act; or\nthe relevant agency perform its functions.\nUnder an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nThe chief executive may use criminal intelligence, given to the chief executive by the Commissioner under an information-sharing arrangement, only for monitoring compliance with this Act.\nIn this section—\ninformation does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001 .\nrelevant agency means the following—\nthe Commissioner;\nthe chief executive of a department;\na local government;\na person prescribed by regulation.\ns 48 amd 2006 No. 10 s 89 sch 2 ; 2014 No. 8 s 170\nsub 2016 No. 62 s 391\n(sec.48-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the chief executive or the relevant agency; or to which the chief executive or the relevant agency has access.\n(sec.48-ssec.2) An information-sharing arrangement may relate only to information that assists— the chief executive perform the chief executive’s functions under this Act; or the relevant agency perform its functions.\n(sec.48-ssec.3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.48-ssec.4) The chief executive may use criminal intelligence, given to the chief executive by the Commissioner under an information-sharing arrangement, only for monitoring compliance with this Act.\n(sec.48-ssec.5) In this section— information does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001 . relevant agency means the following— the Commissioner; the chief executive of a department; a local government; a person prescribed by regulation.\n- (a) held by the chief executive or the relevant agency; or\n- (b) to which the chief executive or the relevant agency has access.\n- (a) the chief executive perform the chief executive’s functions under this Act; or\n- (b) the relevant agency perform its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the Commissioner;\n- (b) the chief executive of a department;\n- (c) a local government;\n- (d) a person prescribed by regulation.","sortOrder":81},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Confidentiality","content":"### sec.48A Confidentiality\n\nThis section applies if a person gains confidential information through involvement in the administration of this Act.\nThe person must not make a record of the information or disclose the information to another person, other than under subsection (4) .\nMaximum penalty—35 penalty units.\nWithout limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—\nthe chief executive; or\na public service employee employed in the department; or\na person engaged by the chief executive for this Act.\nA person may make a record of confidential information or disclose it to another person—\nfor this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or QCAT; or\nif authorised by a court or QCAT in the interests of justice; or\nif required or permitted by law; or\nfor information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\nIn this section—\nconfidential information —\nincludes information about a person’s affairs; but\ndoes not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ns 48A ins 2016 No. 62 s 391\n(sec.48A-ssec.1) This section applies if a person gains confidential information through involvement in the administration of this Act.\n(sec.48A-ssec.2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4) . Maximum penalty—35 penalty units.\n(sec.48A-ssec.3) Without limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the chief executive; or a public service employee employed in the department; or a person engaged by the chief executive for this Act.\n(sec.48A-ssec.4) A person may make a record of confidential information or disclose it to another person— for this Act; or to discharge a function under another law; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if required or permitted by law; or for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\n(sec.48A-ssec.5) In this section— confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (a) the chief executive; or\n- (b) a public service employee employed in the department; or\n- (c) a person engaged by the chief executive for this Act.\n- (a) for this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or QCAT; or\n- (d) if authorised by a court or QCAT in the interests of justice; or\n- (e) if required or permitted by law; or\n- (f) for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\n- (a) includes information about a person’s affairs; but\n- (b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":82},{"sectionNumber":"sec.49","sectionType":"section","heading":"Protection from liability","content":"### sec.49 Protection from liability\n\nAn official does not incur civil liability for an act or omission done honestly and without negligence under this Act.\nA liability that would, apart from this section, attach to an official attaches instead to the State.\nIn this section—\nofficial means—\nthe chief executive; or\na public service employee.\ns 49 amd 2006 No. 10 s 89 sch 2\nsub 2014 No. 8 s 171\n(sec.49-ssec.1) An official does not incur civil liability for an act or omission done honestly and without negligence under this Act.\n(sec.49-ssec.2) A liability that would, apart from this section, attach to an official attaches instead to the State.\n(sec.49-ssec.3) In this section— official means— the chief executive; or a public service employee.\n- (a) the chief executive; or\n- (b) a public service employee.","sortOrder":83},{"sectionNumber":"sec.49A","sectionType":"section","heading":"False or misleading documents","content":"### sec.49A False or misleading documents\n\nA person must not give to the chief executive a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—60 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the chief executive of the extent to which the document is false or misleading; and\ngives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\ns 49A (prev s 44) amd 2007 No. 15 s 29 ; 2014 No. 8 s 169 (1) – (2)\nrenum and reloc 2014 No. 8 s 169 (3)\n(sec.49A-ssec.1) A person must not give to the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units.\n(sec.49A-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the chief executive of the extent to which the document is false or misleading; and gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\n- (a) informs the chief executive of the extent to which the document is false or misleading; and\n- (b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.","sortOrder":84},{"sectionNumber":"sec.50","sectionType":"section","heading":"Offences are summary offences","content":"### sec.50 Offences are summary offences\n\nAn offence against this Act is a summary offence.","sortOrder":85},{"sectionNumber":"sec.51","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.51 Evidentiary provisions\n\nThis section applies to any proceeding under this Act.\nA signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\nthat a stated document is a licence or temporary permit or copy of a licence or temporary permit issued under this Act;\nthat on a stated day, or during a stated period, a person was or was not a licensee or a stated type of licensee;\nthat a licence—\nwas or was not issued for a stated term; or\nwas or was not in force on a stated day or during a stated period; or\nwas or was not subject to conditions or a stated condition;\nthat on a stated day, or during a stated period, a person was or was not the holder of a temporary permit or a stated type of temporary permit;\nthat a temporary permit—\nwas or was not issued for a stated event; or\nwas or was not in force on a stated day or during a stated period; or\nwas or was not subject to conditions or a stated condition;\nthat a document is a copy of a record kept under this Act.\ns 51 amd 2006 No. 10 s 89 sch 2 ; 2007 No. 15 s 32 ; 2014 No. 8 s 172\n(sec.51-ssec.1) This section applies to any proceeding under this Act.\n(sec.51-ssec.2) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\n(sec.51-ssec.3) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— that a stated document is a licence or temporary permit or copy of a licence or temporary permit issued under this Act; that on a stated day, or during a stated period, a person was or was not a licensee or a stated type of licensee; that a licence— was or was not issued for a stated term; or was or was not in force on a stated day or during a stated period; or was or was not subject to conditions or a stated condition; that on a stated day, or during a stated period, a person was or was not the holder of a temporary permit or a stated type of temporary permit; that a temporary permit— was or was not issued for a stated event; or was or was not in force on a stated day or during a stated period; or was or was not subject to conditions or a stated condition; that a document is a copy of a record kept under this Act.\n- (a) that a stated document is a licence or temporary permit or copy of a licence or temporary permit issued under this Act;\n- (b) that on a stated day, or during a stated period, a person was or was not a licensee or a stated type of licensee;\n- (c) that a licence— (i) was or was not issued for a stated term; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to conditions or a stated condition;\n- (i) was or was not issued for a stated term; or\n- (ii) was or was not in force on a stated day or during a stated period; or\n- (iii) was or was not subject to conditions or a stated condition;\n- (d) that on a stated day, or during a stated period, a person was or was not the holder of a temporary permit or a stated type of temporary permit;\n- (e) that a temporary permit— (i) was or was not issued for a stated event; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to conditions or a stated condition;\n- (i) was or was not issued for a stated event; or\n- (ii) was or was not in force on a stated day or during a stated period; or\n- (iii) was or was not subject to conditions or a stated condition;\n- (f) that a document is a copy of a record kept under this Act.\n- (i) was or was not issued for a stated term; or\n- (ii) was or was not in force on a stated day or during a stated period; or\n- (iii) was or was not subject to conditions or a stated condition;\n- (i) was or was not issued for a stated event; or\n- (ii) was or was not in force on a stated day or during a stated period; or\n- (iii) was or was not subject to conditions or a stated condition;","sortOrder":86},{"sectionNumber":"sec.52","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.52 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\na person’s classification level in the public service\ns 52 amd 2006 No. 10 s 89 sch 2\n(sec.52-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\n(sec.52-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. a person’s classification level in the public service","sortOrder":87},{"sectionNumber":"sec.53","sectionType":"section","heading":"Approved forms","content":"### sec.53 Approved forms\n\nThe chief executive may approve a form for the purposes of this Act.\nIf the chief executive approves a form for a purpose, the form must be used for the purpose.\nA person may request the chief executive to give the person an approved form.\nThe chief executive must promptly comply with the request.\n(sec.53-ssec.1) The chief executive may approve a form for the purposes of this Act.\n(sec.53-ssec.2) If the chief executive approves a form for a purpose, the form must be used for the purpose.\n(sec.53-ssec.3) A person may request the chief executive to give the person an approved form.\n(sec.53-ssec.4) The chief executive must promptly comply with the request.","sortOrder":88},{"sectionNumber":"sec.54","sectionType":"section","heading":"Regulation-making power","content":"### sec.54 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\nA regulation may be made—\nproviding that a security provider need not hold the appropriate licence for a specified type of activity, event or place, despite section 9 ; or\nauthorising the chief executive to approve that a crowd controller or security officer need not hold the appropriate licence for a specified activity, event or place, despite section 9 ; or\nsetting the fees payable under this Act, or providing for a refund of fees that have been paid; or\nprescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 20 penalty units for a contravention; or\nregulating the conduct of security providers; or\nproviding for licensed corporations and partnerships, including, for example—\ndealing with changes to the composition or control of corporations and partnerships; and\nimposing duties on particular persons to ensure the corporation or partnership complies with this Act and requiring proof of compliance; and\nthe way in which a partnership is to apply for a licence.\nAlso, a regulation may prescribe a code of practice for security providers.\nSee section 21 (1) (b) for a contravention of a code of practice.\ns 54 amd 2007 No. 15 s 33\n(sec.54-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.54-ssec.2) A regulation may be made— providing that a security provider need not hold the appropriate licence for a specified type of activity, event or place, despite section 9 ; or authorising the chief executive to approve that a crowd controller or security officer need not hold the appropriate licence for a specified activity, event or place, despite section 9 ; or setting the fees payable under this Act, or providing for a refund of fees that have been paid; or prescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 20 penalty units for a contravention; or regulating the conduct of security providers; or providing for licensed corporations and partnerships, including, for example— dealing with changes to the composition or control of corporations and partnerships; and imposing duties on particular persons to ensure the corporation or partnership complies with this Act and requiring proof of compliance; and the way in which a partnership is to apply for a licence.\n(sec.54-ssec.3) Also, a regulation may prescribe a code of practice for security providers. See section 21 (1) (b) for a contravention of a code of practice.\n- (a) providing that a security provider need not hold the appropriate licence for a specified type of activity, event or place, despite section 9 ; or\n- (b) authorising the chief executive to approve that a crowd controller or security officer need not hold the appropriate licence for a specified activity, event or place, despite section 9 ; or\n- (c) setting the fees payable under this Act, or providing for a refund of fees that have been paid; or\n- (d) prescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 20 penalty units for a contravention; or\n- (e) regulating the conduct of security providers; or\n- (f) providing for licensed corporations and partnerships, including, for example— (i) dealing with changes to the composition or control of corporations and partnerships; and (ii) imposing duties on particular persons to ensure the corporation or partnership complies with this Act and requiring proof of compliance; and (iii) the way in which a partnership is to apply for a licence.\n- (i) dealing with changes to the composition or control of corporations and partnerships; and\n- (ii) imposing duties on particular persons to ensure the corporation or partnership complies with this Act and requiring proof of compliance; and\n- (iii) the way in which a partnership is to apply for a licence.\n- (i) dealing with changes to the composition or control of corporations and partnerships; and\n- (ii) imposing duties on particular persons to ensure the corporation or partnership complies with this Act and requiring proof of compliance; and\n- (iii) the way in which a partnership is to apply for a licence.","sortOrder":89},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions for Security Providers Amendment Act 2007","content":"# Transitional provisions for Security Providers Amendment Act 2007","sortOrder":90},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.55 Definitions for pt 5\n\nIn this part—\nbodyguard functions means the functions of a bodyguard.\ncrowd controller functions means the functions of a crowd controller.\ns 55 prev s 55 exp 17 February 1996 (see prev s 58)\npres s 55 ins 2007 No. 15 s 34","sortOrder":91},{"sectionNumber":"sec.56","sectionType":"section","heading":"References to crowd controller licence","content":"### sec.56 References to crowd controller licence\n\nIn an Act or document, a reference to a crowd controller licence authorising the carrying out of bodyguard functions is taken to be a reference to an unrestricted licence authorising the carrying out of bodyguard functions and not authorising the carrying out of crowd controller functions.\nIn an Act or document, a reference to a crowd controller licence authorising the carrying out of crowd controller functions is taken to be a reference to an unrestricted licence authorising the carrying out of crowd controller functions and not authorising the carrying out of bodyguard functions.\ns 56 prev s 56 exp 17 February 1996 (see prev s 58)\npres s 56 ins 2007 No. 15 s 34\n(sec.56-ssec.1) In an Act or document, a reference to a crowd controller licence authorising the carrying out of bodyguard functions is taken to be a reference to an unrestricted licence authorising the carrying out of bodyguard functions and not authorising the carrying out of crowd controller functions.\n(sec.56-ssec.2) In an Act or document, a reference to a crowd controller licence authorising the carrying out of crowd controller functions is taken to be a reference to an unrestricted licence authorising the carrying out of crowd controller functions and not authorising the carrying out of bodyguard functions.","sortOrder":92},{"sectionNumber":"sec.57","sectionType":"section","heading":"Existing crowd controller licence","content":"### sec.57 Existing crowd controller licence\n\nThis section applies to a crowd controller licence issued before the commencement of this section (the existing licence ) authorising a person to carry out bodyguard functions, whether or not the existing licence also authorises the person to carry out crowd controller functions.\nTo the extent the existing licence authorises the person to carry out bodyguard functions, it is taken to be an unrestricted licence authorising the person to carry out bodyguard functions until its term ends or it is sooner cancelled.\nDespite sections 20 and 62, the existing licence can not be renewed to authorise the carrying out of bodyguard functions.\ns 57 prev s 57 exp 17 February 1996 (see prev s 58)\npres s 57 ins 2007 No. 15 s 34\n(sec.57-ssec.1) This section applies to a crowd controller licence issued before the commencement of this section (the existing licence ) authorising a person to carry out bodyguard functions, whether or not the existing licence also authorises the person to carry out crowd controller functions.\n(sec.57-ssec.2) To the extent the existing licence authorises the person to carry out bodyguard functions, it is taken to be an unrestricted licence authorising the person to carry out bodyguard functions until its term ends or it is sooner cancelled.\n(sec.57-ssec.3) Despite sections 20 and 62, the existing licence can not be renewed to authorise the carrying out of bodyguard functions.","sortOrder":93},{"sectionNumber":"sec.58","sectionType":"section","heading":"Requirement to be licensed—security adviser or security equipment installer","content":"### sec.58 Requirement to be licensed—security adviser or security equipment installer\n\nSection 9 does not apply to a person who is a security adviser or security equipment installer in relation to the functions of a security adviser or security equipment installer until the end of 3 months after the commencement of this section.\ns 58 prev s 58 exp 17 February 1996 (see prev s 58)\npres s 58 ins 2007 No. 15 s 34","sortOrder":94},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application of s 9 penalty","content":"### sec.59 Application of s 9 penalty\n\nFor the application of the penalty in section 9(b) and (c) after the commencement of this section, an offence committed before the commencement can not be taken into account, even if the conviction for the offence happens after the commencement.\ns 59 ins 2007 No. 15 s 34","sortOrder":95},{"sectionNumber":"sec.60","sectionType":"section","heading":"Existing application for licence","content":"### sec.60 Existing application for licence\n\nThis section applies to an application for a licence made, but not decided, before the commencement of this section.\nSubject to subsection (3), this Act as in force immediately after the commencement of this section applies in relation to the application, and a decision or appeal in relation to the application.\nIf the application is for a crowd controller licence authorising the carrying out of bodyguard functions and the applicant has successfully completed a previously approved training course for carrying out crowd controller functions, the applicant is taken to have successfully completed an approved training course for carrying out bodyguard functions.\nHowever, subsection (3) does not prevent the chief executive from imposing a condition on the licence requiring the licensee to undertake further stated training.\nIn this section—\npreviously approved training course means a training course approved, before the commencement, by the chief executive.\ns 60 ins 2007 No. 15 s 34\n(sec.60-ssec.1) This section applies to an application for a licence made, but not decided, before the commencement of this section.\n(sec.60-ssec.2) Subject to subsection (3), this Act as in force immediately after the commencement of this section applies in relation to the application, and a decision or appeal in relation to the application.\n(sec.60-ssec.3) If the application is for a crowd controller licence authorising the carrying out of bodyguard functions and the applicant has successfully completed a previously approved training course for carrying out crowd controller functions, the applicant is taken to have successfully completed an approved training course for carrying out bodyguard functions.\n(sec.60-ssec.4) However, subsection (3) does not prevent the chief executive from imposing a condition on the licence requiring the licensee to undertake further stated training.\n(sec.60-ssec.5) In this section— previously approved training course means a training course approved, before the commencement, by the chief executive.","sortOrder":96},{"sectionNumber":"sec.61","sectionType":"section","heading":"Existing conditions on licence","content":"### sec.61 Existing conditions on licence\n\nThis section applies if a licence in force immediately before the commencement of this section has a condition stated on it.\nThe condition is taken to be an imposed condition.\ns 61 ins 2007 No. 15 s 34\n(sec.61-ssec.1) This section applies if a licence in force immediately before the commencement of this section has a condition stated on it.\n(sec.61-ssec.2) The condition is taken to be an imposed condition.","sortOrder":97},{"sectionNumber":"sec.62","sectionType":"section","heading":"Existing application for renewal of licence","content":"### sec.62 Existing application for renewal of licence\n\nThis section applies to an application for the renewal of a licence made, but not decided, before the commencement of this section.\nThis Act as in force immediately after the commencement of this section applies in relation to the application, and a decision or appeal in relation to the application.\ns 62 ins 2007 No. 15 s 34\n(sec.62-ssec.1) This section applies to an application for the renewal of a licence made, but not decided, before the commencement of this section.\n(sec.62-ssec.2) This Act as in force immediately after the commencement of this section applies in relation to the application, and a decision or appeal in relation to the application.","sortOrder":98},{"sectionNumber":"sec.63","sectionType":"section","heading":"Existing proceedings","content":"### sec.63 Existing proceedings\n\nA proceeding started before the commencement of this section and pending at the commencement, may be continued, and decided, under this Act as in force immediately before the commencement.\nIn this section—\nproceeding means a proceeding—\nunder the Judicial Review Act 1991 in relation to a decision made under this Act; or\nfor an offence against this Act.\ns 63 ins 2007 No. 15 s 34\n(sec.63-ssec.1) A proceeding started before the commencement of this section and pending at the commencement, may be continued, and decided, under this Act as in force immediately before the commencement.\n(sec.63-ssec.2) In this section— proceeding means a proceeding— under the Judicial Review Act 1991 in relation to a decision made under this Act; or for an offence against this Act.\n- (a) under the Judicial Review Act 1991 in relation to a decision made under this Act; or\n- (b) for an offence against this Act.","sortOrder":99},{"sectionNumber":"pt.6","sectionType":"part","heading":"Declaratory provision","content":"# Declaratory provision","sortOrder":100},{"sectionNumber":"sec.64","sectionType":"section","heading":"Declaratory provision for s 29","content":"### sec.64 Declaratory provision for s 29\n\nTo remove any doubt, it is declared that the amending provision had effect, on the commencement, to omit section 29 as in force immediately before the commencement and to insert section 29 as set out in the amending provision.\nIn this section—\namending provision means the Security Providers Amendment Act 2007 , section 27.\ncommencement means the commencement of the amending provision.\ns 64 ins 2008 No. 69 s 93\n(sec.64-ssec.1) To remove any doubt, it is declared that the amending provision had effect, on the commencement, to omit section 29 as in force immediately before the commencement and to insert section 29 as set out in the amending provision.\n(sec.64-ssec.2) In this section— amending provision means the Security Providers Amendment Act 2007 , section 27. commencement means the commencement of the amending provision.","sortOrder":101},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Fair Trading (Australian Consumer Law) Amendment Act 2010","content":"# Transitional provisions for Fair Trading (Australian Consumer Law) Amendment Act 2010","sortOrder":102},{"sectionNumber":"sec.65","sectionType":"section","heading":"When provisions relating to application for licence, or renewal of unrestricted licence, do not apply","content":"### sec.65 When provisions relating to application for licence, or renewal of unrestricted licence, do not apply\n\nSection 10(8) to (11) and part 2, division 7 do not apply to an application for a licence that is undecided immediately before the commencement of this section.\nSection 20(7) to (10) and part 2, division 7 do not apply to an application for renewal of an unrestricted licence that is undecided immediately before the commencement of this section.\ns 65 ins 2010 No. 54 s 65\n(sec.65-ssec.1) Section 10(8) to (11) and part 2, division 7 do not apply to an application for a licence that is undecided immediately before the commencement of this section.\n(sec.65-ssec.2) Section 20(7) to (10) and part 2, division 7 do not apply to an application for renewal of an unrestricted licence that is undecided immediately before the commencement of this section.","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":"Deferral of application of provisions relating to application for renewal of unrestricted licence","content":"### sec.66 Deferral of application of provisions relating to application for renewal of unrestricted licence\n\nSection 20(7) to (10) and part 2, division 7 only apply to an application for renewal of an unrestricted licence made on or after the day that is 3 months after the commencement of this section.\ns 66 ins 2010 No. 54 s 65","sortOrder":104},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision for Weapons Amendment Act 2011","content":"# Transitional provision for Weapons Amendment Act 2011","sortOrder":105},{"sectionNumber":"sec.67","sectionType":"section","heading":"Meaning of disqualifying offence","content":"### sec.67 Meaning of disqualifying offence\n\nFor deciding whether an offence against the Weapons Act 1990 , section 51(1), is a disqualifying offence, an offence committed before the commencement can not be taken into account.\nIn this section—\ncommencement means the commencement of the Weapons Amendment Act 2011 .\ns 67 ins 2011 No. 37 s 53 sch\n(sec.67-ssec.1) For deciding whether an offence against the Weapons Act 1990 , section 51(1), is a disqualifying offence, an offence committed before the commencement can not be taken into account.\n(sec.67-ssec.2) In this section— commencement means the commencement of the Weapons Amendment Act 2011 .","sortOrder":106},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","content":"# Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","sortOrder":107},{"sectionNumber":"sec.68","sectionType":"section","heading":"Applications not finally decided","content":"### sec.68 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the chief executive had not finally decided an application for a licence or the renewal of a licence.\nThe chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\nIn this section—\ncommencement means the commencement of this section.\ns 68 ins 2013 No. 64 s 181\n(sec.68-ssec.1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for a licence or the renewal of a licence.\n(sec.68-ssec.2) The chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\n(sec.68-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":108},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","content":"# Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":109},{"sectionNumber":"sec.69","sectionType":"section","heading":"Applications not finally decided","content":"### sec.69 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant or renewal of a licence.\nThe chief executive must decide the application under this Act as in force after the commencement.\ns 69 ins 2016 No. 62 s 392\n(sec.69-ssec.1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant or renewal of a licence.\n(sec.69-ssec.2) The chief executive must decide the application under this Act as in force after the commencement.","sortOrder":110},{"sectionNumber":"sec.70","sectionType":"section","heading":"Show cause process not finally decided","content":"### sec.70 Show cause process not finally decided\n\nThis section applies if—\nthe chief executive had given a show cause notice to a licensee under section 22; and\nimmediately before the commencement, the chief executive had not finally dealt with matters relating to the show cause notice under section 22 (the show cause process ).\nThe show cause process must continue under this Act as in force after the commencement.\ns 70 ins 2016 No. 62 s 392\n(sec.70-ssec.1) This section applies if— the chief executive had given a show cause notice to a licensee under section 22; and immediately before the commencement, the chief executive had not finally dealt with matters relating to the show cause notice under section 22 (the show cause process ).\n(sec.70-ssec.2) The show cause process must continue under this Act as in force after the commencement.\n- (a) the chief executive had given a show cause notice to a licensee under section 22; and\n- (b) immediately before the commencement, the chief executive had not finally dealt with matters relating to the show cause notice under section 22 (the show cause process ).","sortOrder":111},{"sectionNumber":"sec.71","sectionType":"section","heading":"Proceedings not finally decided","content":"### sec.71 Proceedings not finally decided\n\nThis section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—\na proceeding before QCAT for a review of a decision mentioned in repealed section 26A(1);\na proceeding before the Supreme Court about a decision mentioned in repealed section 26A(1).\nThe proceeding is discontinued and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement.\nQCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\nFor subsection (1), a proceeding had not been finally dealt with if—\nQCAT or the Supreme Court had not made a decision; or\nQCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\nQCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\nIn this section—\ncriminal intelligence means criminal intelligence within the meaning of schedule 2, repealed definition criminal intelligence .\nrepealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 71 ins 2016 No. 62 s 392\n(sec.71-ssec.1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a decision mentioned in repealed section 26A(1); a proceeding before the Supreme Court about a decision mentioned in repealed section 26A(1).\n(sec.71-ssec.2) The proceeding is discontinued and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement.\n(sec.71-ssec.3) QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\n(sec.71-ssec.4) For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\n(sec.71-ssec.5) In this section— criminal intelligence means criminal intelligence within the meaning of schedule 2, repealed definition criminal intelligence . repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\n- (a) a proceeding before QCAT for a review of a decision mentioned in repealed section 26A(1);\n- (b) a proceeding before the Supreme Court about a decision mentioned in repealed section 26A(1).\n- (a) QCAT or the Supreme Court had not made a decision; or\n- (b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\n- (c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.","sortOrder":112},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Existing provisions","content":"# Existing provisions","sortOrder":113},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":null,"content":"### Section sch.1-sec\n\nchapter 9 (Breaches of the peace)\nchapter 9A (Consorting)\nchapter 16 (Offences relating to the administration of justice)\nchapter 20 (Miscellaneous offences against public authority)\nchapter 22 (Offences against morality)\nchapter 28 (Homicide—suicide—concealment of birth)\nchapter 28A (Unlawful striking causing death)\nchapter 29 (Offences endangering life or health)\nchapter 29A (Coercive control)\nchapter 30 (Assaults)\nchapter 32 (Rape and sexual assaults)\nchapter 33 (Offences against liberty)\nchapter 33A (Unlawful stalking, intimidation, harassment or abuse)\nchapter 36 (Stealing)\nchapter 37 (Offences analogous to stealing)\nchapter 38 (Stealing with violence—extortion by threats)\nchapter 39 (Burglary—Housebreaking—and like offences)\nchapter 40 (Other fraudulent practices)\nchapter 41 (Receiving property stolen or fraudulently obtained and like offences)\nchapter 42A (Secret commissions)\nchapter 46 (Offences)\nchapter 49 (Punishment of forgery and like offences)\nchapter 52 (Personation)\nchapter 56 (Conspiracy)\n(sch.1-sec-ssec.1) chapter 9 (Breaches of the peace)\n(sch.1-sec-ssec.2) chapter 9A (Consorting)\n(sch.1-sec-ssec.3) chapter 16 (Offences relating to the administration of justice)\n(sch.1-sec-ssec.4) chapter 20 (Miscellaneous offences against public authority)\n(sch.1-sec-ssec.5) chapter 22 (Offences against morality)\n(sch.1-sec-ssec.6) chapter 28 (Homicide—suicide—concealment of birth)\n(sch.1-sec-ssec.7) chapter 28A (Unlawful striking causing death)\n(sch.1-sec-ssec.8) chapter 29 (Offences endangering life or health)\n(sch.1-sec-ssec.9) chapter 29A (Coercive control)\n(sch.1-sec-ssec.10) chapter 30 (Assaults)\n(sch.1-sec-ssec.11) chapter 32 (Rape and sexual assaults)\n(sch.1-sec-ssec.12) chapter 33 (Offences against liberty)\n(sch.1-sec-ssec.13) chapter 33A (Unlawful stalking, intimidation, harassment or abuse)\n(sch.1-sec-ssec.14) chapter 36 (Stealing)\n(sch.1-sec-ssec.15) chapter 37 (Offences analogous to stealing)\n(sch.1-sec-ssec.16) chapter 38 (Stealing with violence—extortion by threats)\n(sch.1-sec-ssec.17) chapter 39 (Burglary—Housebreaking—and like offences)\n(sch.1-sec-ssec.18) chapter 40 (Other fraudulent practices)\n(sch.1-sec-ssec.19) chapter 41 (Receiving property stolen or fraudulently obtained and like offences)\n(sch.1-sec-ssec.20) chapter 42A (Secret commissions)\n(sch.1-sec-ssec.21) chapter 46 (Offences)\n(sch.1-sec-ssec.22) chapter 49 (Punishment of forgery and like offences)\n(sch.1-sec-ssec.23) chapter 52 (Personation)\n(sch.1-sec-ssec.24) chapter 56 (Conspiracy)","sortOrder":114},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Provisions repealed by Criminal Law Amendment Act 1997","content":"# Provisions repealed by Criminal Law Amendment Act 1997","sortOrder":115},{"sectionNumber":"sch.1-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.1-sec-oc.2\n\nsection 343A (Assaults occasioning bodily harm)\nsection 344 (Aggravated assaults)\n(sch.1-sec-oc.2-ssec.1) section 343A (Assaults occasioning bodily harm)\n(sch.1-sec-oc.2-ssec.2) section 344 (Aggravated assaults)","sortOrder":116}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates amendments and new mechanisms that expand and refine its original scope.  The text adds specific new role definitions (e.g. separate sections for bodyguards, security advisers and security equipment installers — secs.4A, 6A, 6B), introduces fingerprinting and police‑provided identity/criminal‑history checks with destruction rules (secs.27–31), creates temporary permits for holders of corresponding authorities (secs.31A–31F), and formalises information‑sharing and confidentiality processes (secs.48, 48A).  Transitional sections record staged changes to application of provisions and treatment of pending matters (secs.55–71).  These elements change both the substantive boundaries of who must be licensed and the administrative processes used to vet, monitor and, where necessary, revoke licences."},"complexity_factors":["Multiple distinct licence types and role definitions (secs.4, 4A–7, 6A–6B, 8) increasing categorisation complexity","Detailed entitlement and suitability criteria with criminal-history rules and control-order bars (secs.11, 13, 21)","Administrative discretion concentrated in the chief executive for grant, conditions, amendment, suspension and cancellation (secs.14–19, 22)","Fingerprinting and police involvement with conditional disclosure and destruction rules (secs.27–31, 29(2), 31)","Information‑sharing arrangements and confidentiality obligations that require inter‑agency protocols (secs.48, 48A)","Layered procedural protections and appeal paths (show‑cause notices, minimum time periods, QCAT review) (secs.18, 22, 26)","Regulation‑making powers and delegated instruments that can significantly change operational details (sec.54)","Transitional and amendment provisions across multiple schedules and years that change how provisions apply to pending matters (secs.55–71)","Penalties and offences with mixed civil/criminal consequences and interaction with other Acts (sec.9; references to other legislation in secs.11, 21)"],"plain_english_summary":"Mechanically, this Act creates a licencing system for businesses and individuals who provide private security services in Queensland. It defines which activities and job titles fall inside the regime (for example: bodyguards, crowd controllers, private investigators, security advisers, security equipment installers, security officers and security firms) (see sec.4; secs.4A–7). It makes it an offence to carry out, advertise, or engage others to carry out those functions without the appropriate licence (sec.9), sets application and fee rules (sec.10), specifies who may apply (sec.10(1), sec.13), and sets entitlement and suitability tests that the chief executive must apply when deciding whether to grant or renew licences (secs.11, 13, 14, 20).\n\nWho decides and who pays\n\n- The chief executive (a departmental decision‑maker) decides licence grants, renewals, imposed conditions, amendments, suspensions, cancellations and approvals of industry associations (see secs.10, 14–19, 22, 25B).  Appeals on many of those decisions go to QCAT (sec.26).  The chief executive may delegate powers to qualified public servants (sec.52).  \n- The Queensland Police Commissioner is involved for identity checks and criminal history: the chief executive requests fingerprints and criminal history reports via the Commissioner (secs.12, 27–31).  The Commissioner must provide identity/criminal-history information except where release would prejudice an investigation or safety (sec.29(2)).\n- Applicants and licensees pay application/renewal fees and may be required to pay the actual cost of criminal-history reports (sec.10(2); sec.12AA).  Regulations may set other fees and refunds (sec.54).\n\nWhat applicants must meet and how the licences work\n\n- Eligibility and suitability: individuals must meet age, training and appropriateness tests; corporations/partnerships must satisfy the chief executive about officers/partners and membership of an approved industry association for a security firm licence (secs.11, 13).  The chief executive’s assessment may consider convictions, findings of guilt, bankruptcy behaviour, and any other information indicating risk to public safety (sec.11(3)–(5); sec.13(3A)).  Persons convicted of a disqualifying offence within 10 years or who are subject to certain control orders are barred (sec.11(5); sec.13(6)).\n- Conditions and supervision: licences carry statutory conditions (for restricted and unrestricted licences) and the chief executive may impose additional conditions on licences (secs.14B, 15).  Restricted licences require direct supervision and are limited in term (sec.14B(1); sec.16).\n- Training: class 1 licence applicants must have completed approved training for the functions sought; the chief executive may require licensees to undergo further approved training during a licence term where public safety or competency justifies it (secs.11(2)(b), 14B(2)–(3)).\n- Monitoring and enforcement: contraventions carry penalty units or imprisonment in certain cases (see sec.9 penalties; sec.15(4) for contravening some imposed conditions).  The chief executive can suspend, cancel or refuse renewal subject to a show‑cause process and must give QCAT information notices for adverse decisions (secs.21–24, 22).\n\nIdentity checks, privacy and record handling\n\n- Fingerprinting: the chief executive asks the Commissioner to take fingerprints to identify applicants and assist in suitability decisions (secs.27–29).  If fingerprints are not provided, the chief executive must refuse grant or renewal (sec.28).  The Commissioner may refuse to disclose information where disclosure would prejudice investigations or safety (sec.29(2)).\n- Destruction and limits: fingerprints must be destroyed in specified circumstances and the Commissioner must do so on request of the chief executive (sec.31).  Information obtained from police is subject to use and destruction rules (sec.12B; sec.31).\n- Information sharing and confidentiality: the chief executive may enter information‑sharing arrangements with relevant agencies (including police and prescribed persons) to assist with administering the Act; criminal intelligence received under those arrangements may be used only for monitoring compliance (sec.48).  Officials involved in administration are subject to confidentiality obligations (sec.48A). \n\nTemporary permits and cross‑jurisdictional arrangements\n\n- Temporary permits allow people who hold a corresponding authority (from another jurisdiction) to perform specified functions in Queensland for a stated event, subject to conditions and the same parts of the licensing framework that are made to apply (secs.31A–31F, 31D).\n\nRegulatory reach and delegated instruments\n\n- The Governor in Council may make regulations to specify exemptions from licensing for particular activities or events, set fees, prescribe offences and penalties (up to 20 penalty units), regulate conduct, prescribe codes of practice, and set requirements for approved industry associations (sec.54).  The chief executive approves forms and may approve security industry associations (secs.53, 25B).\n\nStated rationale and trade‑offs (as claimed in the text, then tested against mechanisms)\n\n- Claimed purpose: the statute operates to control who may lawfully provide private security services (see sec.9) and to support public safety and property protection by vetting providers (entitlement and suitability tests in secs.11, 13, 14B).  Temporary permits allow short‑term cross‑jurisdictional activity for particular events (sec.31A).  Information sharing with police is authorised to aid licensing decisions (sec.48).  \n\n- Testing those claims against costs, incentives and trade‑offs: the Act creates direct compliance costs for applicants (fees—sec.10(2); training—secs.11(2)(b), 14B; fingerprinting—secs.27–31), ongoing administrative responsibilities for licensees (monitoring employees, imposed conditions—sec.15(2)), and potential membership costs where an approved association is required (sec.10(3B), sec.13(3)).  Those costs fall on providers and applicants.  The Act concentrates decision‑making authority in the chief executive (secs.14, 15, 18, 22) and delegates identity and criminal‑history tasks to the Commissioner (secs.12, 27–29).  That structure creates implementation dependencies (police co‑operation and timeliness) and discretion by the chief executive to impose training and conditions (secs.14B(2), 15(1)), which increases administrative discretion and compliance uncertainty for applicants.  \n\n- Effects on private enterprise and markets: licensing restricts entry to security markets by setting training, suitability and association‑membership requirements (secs.11, 13, 10(3B)).  Those restrictions change the cost of supplying services (licence costs, training, fingerprinting) and may affect small and independent suppliers who must secure licences or temporary permits (secs.9, 31C).  The Act also restricts promotional activity for unlicensed persons by prohibiting advertising as a security provider without a licence (sec.9(1)(b)).  \n\n- Compliance, enforcement and legal process: the law provides administrative review rights to QCAT for many chief executive decisions (sec.26) and a structured show‑cause process before adverse action (secs.18, 22).  Penalties for unlicensed supply are set out (sec.9).  \n\n- Implementation and information risks: reliance on police for fingerprints and criminal intelligence can produce delays, and the Commissioner may withhold information where disclosure would prejudice an investigation or safety (sec.29(2)).  The Act requires destruction of information once it is no longer needed (sec.12B(7); sec.31) but also permits information sharing under arrangements (sec.48), so the administration relies on protocols and record‑handling to balance operational needs and confidentiality (secs.48, 48A)."},"kimi_summary":{"_metrics":{"completionTokens":654},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1993 scope. Major additions include: fingerprinting requirements (2010), temporary permits for interstate workers (2007), security adviser and security equipment installer categories (2007), automatic cancellation for control orders (2016), and complex information-sharing arrangements with police. The 2007 amendments effectively split 'crowd controller' from 'bodyguard' as separate categories, requiring transitional provisions for existing licence holders."},"complexity_factors":["Multiple overlapping definitions of 'security provider' with numerous exceptions (secs 4-8)","Seven distinct licence categories with different rules for individuals vs corporations/partnerships","Extensive cross-referencing to other Acts (Fair Trading Inspectors Act, Criminal Code chapters, Weapons Act, etc.)","Fingerprinting requirements with conditional exceptions and refund mechanisms","Nested conditional logic for 'appropriate person' tests including spent convictions, unrecorded findings of guilt, and control orders","Transitional provisions spanning multiple amendment Acts (2007, 2010, 2011, 2013, 2016)","Interaction between statutory conditions, imposed conditions, and codes of practice","Criminal intelligence restrictions and information-sharing arrangements with specific use limitations"],"plain_english_summary":"This Queensland law regulates the security industry by requiring licences for anyone who works as a **security provider** for reward. It covers seven types of security work: **bodyguards, crowd controllers (bouncers), private investigators, security advisers, security equipment installers, security officers, and security firms** (companies that supply security services).\n\n**Key requirements:**\n- You **must hold a licence** to do any of these jobs or advertise that you do them. Working without a licence carries heavy penalties—up to 1,000 penalty units or 18 months imprisonment for repeat offences.\n- **Who can apply:** Individuals can apply for most licences; companies or partnerships can only apply for security firm licences. You must be at least 18 (or an apprentice for equipment installation), complete approved training, and be an \"appropriate person\" (no serious criminal convictions, no dishonesty, no bankruptcy abuse).\n- **Fingerprinting:** Since 2010, applicants must agree to have fingerprints taken by police for identity verification.\n- **Licence types:** **Restricted licences** (up to 6 months, must work under direct supervision) and **unrestricted licences** (1 or 3 years). You can't renew a restricted licence for the same work.\n- **Temporary permits:** Allow interstate licence holders to work in Queensland for specific events.\n\n**What the law excludes:** Police, defence force members, government employees, casino staff, and certain professionals (lawyers, accountants) doing their normal jobs aren't \"security providers.\" Simple tasks like retail key cutting, installing basic household locks, or checking tickets at venues don't require a licence.\n\n**Enforcement:** The chief executive can suspend, cancel, or refuse to renew licences for misconduct, criminal convictions, or breaching conditions. Decisions can be reviewed by QCAT (Queensland Civil and Administrative Tribunal)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 1993 scope. Major amendments in 2007 added entirely new categories of security provider (bodyguards, security advisers, security equipment installers) and introduced the restricted/unrestricted licence distinction. Subsequent amendments added control order provisions (linked to organised crime legislation), fingerprinting requirements, integration with the Fair Trading Inspectors Act 2014, and ongoing training obligations. The Act now covers a considerably broader range of occupations and involves more sophisticated regulatory tools (criminal intelligence, biometric data, control orders) than would have been contemplated at commencement."},"complexity_factors":["Multiple defined categories of security provider, each with nuanced inclusions and exclusions requiring careful reading","Layered licensing structure (restricted vs unrestricted, class 1 vs class 2, individual vs corporation/partnership) with different rules for each","Complex 'appropriate person' test involving criminal history, control orders, unrecorded findings of guilt, and a disqualifying offence regime with time limits","Interplay between multiple Acts (Fair Trading Inspectors Act 2014, Criminal Law (Rehabilitation of Offenders) Act 1986, Corrective Services Act 2006, Transport Operations Act 1994, Casino Control Act 1982, various professional registration Acts)","Numerous exceptions and carve-outs to the main definitions (e.g., employees, lawyers, accountants, architects, engineers, retail key cutters, construction workers installing basic security items)","Fingerprinting requirements tied to application processes with specific fee and refund rules","Information-use restrictions on criminal history data with destruction obligations and privacy protections","Multiple amendment pathways for licences (by application, by chief executive initiative) with different procedural requirements","The Act has been amended many times since 1993, creating interpretive complexity from accumulated changes"],"plain_english_summary":"## Security Providers Act 1993 (Queensland)\n\n### What is this law about?\nThis Queensland law regulates the **security industry** — anyone who gets paid to protect people, property, or information. If you work as or hire a security guard, bouncer, bodyguard, private investigator, security alarm installer, or run a security company, this law applies to you.\n\n### Who is covered?\nThe law defines seven types of **\"security providers\"** who must be licensed:\n- **Bodyguards** – personal protection services\n- **Crowd controllers** – bouncers and door staff at venues\n- **Private investigators** – people who conduct surveillance or gather private information about others\n- **Security advisers** – people paid to give advice on security systems or methods\n- **Security equipment installers** – people paid to install, repair, or maintain alarms and security devices\n- **Security officers** – guards who patrol or watch over property\n- **Security firms** – businesses that supply security workers to others\n\n### Who is NOT covered?\nSome people are specifically excluded, including police officers, Defence Force members, government employees acting in their official roles, casino staff (under the Casino Control Act), lawyers and accountants doing their normal work, and transport inspectors.\n\n### The licensing requirement — the big deal\n**You must have a licence to work in security, or to hire unlicensed security workers.** Operating without a licence carries serious penalties:\n- First offence: up to 500 penalty units (a substantial fine)\n- Second offence: up to 700 penalty units OR 6 months jail\n- Third or later offence: up to 1,000 penalty units OR 18 months jail\n\nIf you work in security without a licence, **you are not legally entitled to be paid**, even if you have a contract saying otherwise.\n\n### How do you get a licence?\nYou apply to the chief executive of the relevant government department. To be approved, you must:\n- Be at least 18 years old (with limited exceptions for apprentice security installers)\n- Have completed approved training (for full/unrestricted licences)\n- Be a member of an approved industry association (for security firm licences)\n- Be an **\"appropriate person\"** — meaning you pass a character and criminal history check\n\nYou will need to agree to having your **fingerprints taken** by the Police Commissioner as part of the process.\n\n### What can stop you getting a licence?\nThe government will check your criminal history. You **cannot** get a licence if:\n- You were convicted of a **\"disqualifying offence\"** (a serious crime) within the past **10 years**\n- You are subject to a **control order** (a court order restricting your activities, typically related to organised crime)\n\nOther things that may count against you include dishonest behaviour, using harassment tactics, bankruptcy, or other information suggesting you're a risk to public safety.\n\n### Types of licences\n- **Restricted licence** – a short-term licence (up to 6 months) that requires you to work under direct supervision. You can only hold one restricted licence per type of security work.\n- **Unrestricted licence** – a full licence for 1 or 3 years. You may need to complete ongoing training to keep it.\n\n### Conditions on licences\nLicences can have conditions attached. For example, security firms may be required to regularly check that their employees are complying with the law. Breaking certain conditions is a criminal offence.\n\n### Oversight\nInspectors under the *Fair Trading Inspectors Act 2014* can also enforce this Act, giving regulators broad oversight powers over the industry."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.4(ssec.3)(e)","severity":"medium","reasoning":"The exclusion provision in sec.4(3) applies to persons not being security providers 'in carrying out the functions of the person's employment.' A department of the Commonwealth or a State is not a legal person capable of employment, and it cannot carry out functions in the way a natural person can. The inclusion of a department in a list alongside police officers, ministers and defence force members is a category error that creates logical absurdity.","confidence":0.85,"description":"A 'department of the Commonwealth or a State' is listed as a person who is not a security provider. Departments are not persons and cannot carry out the functions of a security provider in any case. Listing a department alongside natural persons (police officers, ministers, etc.) as something that is 'not a security provider in carrying out the functions of the person's employment' is logically incoherent — departments have no employment and perform no personal functions."},{"type":"other","section":"sec.6(ssec.1)(c)","severity":"low","reasoning":"The structure of sec.6(1) attaches the 'without the other person's express consent' qualifier only to paragraphs (a) and (b). Paragraph (c) is free-standing, capturing any person who for reward investigates a missing person regardless of consent or context. This asymmetry may be intentional but creates over-breadth — a paid social worker tracing a runaway would technically be a private investigator.","confidence":0.75,"description":"Investigating the disappearance of a missing person is listed as a qualifying activity for being a private investigator without the requirement that it be done 'without the other person's express consent.' Unlike paragraphs (a) and (b), paragraph (c) has no consent qualifier, meaning anyone who for reward investigates a missing person is a private investigator — including, potentially, the missing person's own family member who pays a professional genealogist, a journalist, or a welfare worker."},{"type":"other","section":"sec.6B(ssec.2)(b)","severity":"low","reasoning":"Sec.6B(2)(b) exempts employees of security equipment businesses when working on the employer's own property. The distinction between working on a client's property versus the employer's property as the sole determinant of whether someone is a 'security equipment installer' is administratively odd and creates regulatory confusion about the employee's licensing obligations when switching between tasks.","confidence":0.65,"description":"An employee of a person who, for reward, installs security equipment is excluded from being a 'security equipment installer' when they install their employer's own security equipment — regardless of whether the employee is doing this as part of their job in the security installation business. This means a fully-trained installer employed by a security firm who fixes the firm's own office alarm is not a security equipment installer, yet the same person fixing a client's alarm is. The practical effect is negligible but the classification creates an artificial and potentially confusing toggle."},{"type":"self_contradicting","section":"sec.7(ssec.4) and sec.7(ssec.5)","severity":"low","reasoning":"Sec.7(4) creates an apparent safe harbour for employees guarding their employer's property. But sec.7(5) immediately re-captures them if that guarding is their principal duty or if licensed premises are involved. The 'merely because' language implies there must be something more needed, but sec.7(5) defines that 'something more' so broadly (principally employed to guard, or any guarding of licensed premises) that the carve-out in sec.7(4) is nearly illusory.","confidence":0.78,"description":"Section 7(4) states a person is 'not a security officer merely because' they are an employee guarding their employer's property, but section 7(5) then re-captures those same persons as security officers if they are employed principally for guarding or guarding licensed premises. The word 'merely' in sec.7(4) does no logical work — the exception in sec.7(5) swallows the rule so completely that sec.7(4) adds no meaningful protection from classification."},{"type":"other","section":"sec.9(ssec.3) and sec.9(ssec.1)","severity":"low","reasoning":"The combination of criminal penalty (sec.9(1)) and civil disentitlement (sec.9(3)) is not inherently absurd, but sec.9(3)'s assertion that it has effect 'despite any arrangement to the contrary' (sec.9(4)) means that even a contractual obligation to pay cannot be enforced — creating a situation where a person commits a crime AND their counterparty benefits by not having to pay. This perversely incentivises engaging unlicensed providers.","confidence":0.6,"description":"Section 9(3) provides that an unlicensed person is 'not entitled to any reward' for carrying out security provider functions, while sec.9(1) makes the very act of carrying out those functions a criminal offence. The civil disentitlement to reward in sec.9(3) is rendered practically redundant by the criminal prohibition in sec.9(1) — a person simultaneously committing an offence and being told they cannot be paid for it. The provision does serve a contractual/civil law purpose but its interaction with sec.9(1) creates an odd double-jeopardy-lite structure."},{"type":"other","section":"sec.11(ssec.2)(a)(ii)","severity":"medium","reasoning":"The age exception in sec.11(2)(a)(ii) for security equipment installer apprentices/trainees is deliberately structured but creates a significant anomaly: a teenager below 18 can be licensed to enter premises and install security systems, while adults without a licence face criminal penalties. Given the access-to-premises implications, the omission of any minimum age floor for this category is a meaningful policy gap.","confidence":0.8,"description":"An apprentice or trainee security equipment installer may obtain a class 2 licence without meeting the age requirement of 18 years. Apprentices in Queensland can be as young as 15 under the Further Education and Training Act 2014. This means a 15-year-old could be licensed to install security equipment — including accessing private premises — without the general 18-year minimum that applies to all other security provider categories."},{"type":"self_contradicting","section":"sec.13(ssec.3A)(a)(i)","severity":"high","reasoning":"Sec.13(3A)(a)(i) directs the chief executive to consider whether the corporation has been 'convicted of a disqualifying offence for which a conviction has not been recorded.' This is a direct internal contradiction: a conviction by definition requires a recorded finding. The provision likely intended to mirror the 'unrecorded finding of guilt' concept from sec.11 but failed to adopt the same language, creating a logically impossible criterion. A conviction that has not been recorded cannot exist as a matter of law.","confidence":0.9,"description":"For corporations applying for security firm licences, the chief executive must consider 'whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded.' This is logically incoherent — a conviction that has not been recorded is not a conviction in any legal sense. The phrase attempts to capture unrecorded findings of guilt but uses contradictory terminology ('convicted... for which a conviction has not been recorded')."},{"type":"impossible_compliance","section":"sec.14B(ssec.5) and sec.14B(ssec.6)","severity":"high","reasoning":"The definition in sec.14B(7) expanding 'decision' to include jurisdictionally-erroneous decisions, combined with the absolute prohibition on appeals and the mandatory dismissal of proceedings, attempts to oust the supervisory jurisdiction of the courts even for ultra vires acts. This is legally problematic in Australian constitutional law (Kirk v Industrial Court of NSW [2010] HCA 1) and creates an internally absurd situation where a court must dismiss a proceeding challenging a decision the executive had no power to make.","confidence":0.88,"description":"Section 14B(5) provides that 'no appeal lies' against a decision of the chief executive under sec.14B(2), and sec.14B(6) requires courts and tribunals to dismiss any proceeding started in contravention of sec.14B(5). However, sec.14B(7) then defines 'decision' to include 'a decision affected by jurisdictional error.' This means that even if the chief executive acted outside their jurisdiction — a fundamental ground for judicial review — no appeal or proceeding is permitted. This purports to oust judicial review for jurisdictional error, which is constitutionally questionable under the Kable doctrine and the common law."},{"type":"other","section":"sec.16(ssec.3)","severity":"low","reasoning":"The interaction between sec.14A (deemed continuation of restricted licence pending unrestricted licence decision) and sec.16(3) (prohibition on re-applying after restricted licence ends) is ambiguous. If the restricted licence is legally 'continuing' under sec.14A, it has not 'ended' for the purposes of sec.16(3), potentially allowing a person to re-apply for another restricted licence during the continuation period.","confidence":0.55,"description":"After a restricted licence ends, the former licensee 'can not apply for a further restricted licence for carrying out the functions that were authorised under the first licence.' However, section 14A provides that if a restricted licensee applies for an unrestricted licence and it hasn't been decided before the restricted licence ends, the restricted licence continues in force. If the restricted licence is 'continuing' rather than having 'ended,' it is unclear whether sec.16(3)'s prohibition is ever triggered during the continuation period, creating ambiguity about re-application rights."}],"contradictions":[{"severity":"medium","section_a":"sec.11(ssec.3)","section_b":"sec.11(ssec.4)","confidence":0.82,"description":"Section 11(3) states the chief executive 'may only consider the matters mentioned in subsections (4) and (5)' when deciding appropriateness. Section 11(4)(e) then allows consideration of 'any other information indicating the person is a risk to public safety or that holding the licence would be contrary to the public interest.' The open-ended 'any other information' in sec.11(4)(e) directly contradicts the 'may only consider' limitation in sec.11(3) — the limitation is immediately negated by the catch-all."},{"severity":"low","section_a":"sec.4(ssec.2)","section_b":"sec.4(ssec.1)(g)","confidence":0.5,"description":"Section 4(1)(g) lists 'a security firm' as a type of security provider. Section 4(2) provides that a person employed by a security provider is not a security provider if their duties are only secretarial or clerical. A security firm (being a security provider) could employ a clerical worker who, under sec.4(2), is not a security provider. However, sec.8 defines a security firm as a person who 'engages in the business of supplying... security firm services.' A security firm's clerical employee is clearly not a security firm, but the drafting implies the sec.4(2) exemption was primarily designed for individuals, not firms — creating confusion about whether the exemption applies at the firm level."},{"severity":"high","section_a":"sec.11(ssec.4)(c)","section_b":"sec.11(ssec.4) (preamble)","confidence":0.85,"description":"Section 11(4) directs the chief executive to consider listed matters as 'indicating that the person may not be an appropriate person.' Section 11(4)(c) includes convictions to which the Criminal Law (Rehabilitation of Offenders) Act 1986 s.6 applies. That section of the Rehabilitation Act provides that rehabilitated persons are deemed not to have committed the offence. Directing the chief executive to consider spent convictions as indicators of unsuitability directly contradicts the rehabilitative purpose and legal effect of the Rehabilitation of Offenders Act."},{"severity":"medium","section_a":"sec.12B(ssec.7)","section_b":"sec.12B(ssec.2)","confidence":0.72,"description":"Section 12B(7) requires the chief executive to destroy criminal history information 'as soon as practicable after it is no longer needed for the purpose for which it was requested.' Section 12B(2) allows the same information to be used for ongoing decisions about whether a person 'continues to be an appropriate person.' Since a licence can be renewed or reviewed at any time, information may never cease to be 'needed' under sec.12B(2), making the destruction obligation in sec.12B(7) practically impossible to trigger — rendering it a dead letter."},{"severity":"low","section_a":"sec.9(ssec.2)","section_b":"sec.9(ssec.3)","confidence":0.45,"description":"Section 9(2) makes it an offence to engage another person to carry out security provider functions for reward unless the other person is licensed. Section 9(3) provides that the unlicensed person is not entitled to any reward. If sec.9(3) is enforced and the unlicensed person cannot recover payment, the 'for reward' element required for the engagement to constitute an offence under sec.9(2) may be undermined — the person was engaged 'for reward' but is legally disentitled to it, creating ambiguity about whether sec.9(2) is actually breached if payment is denied under sec.9(3)."},{"severity":"high","section_a":"sec.13(ssec.3A)(a)(i)","section_b":"sec.13(ssec.6)(a)","confidence":0.88,"description":"Section 13(3A)(a)(i) directs the chief executive to consider whether a corporation has been 'convicted of a disqualifying offence for which a conviction has not been recorded' (logically contradictory in itself). Section 13(6)(a) separately provides a corporation is not an appropriate person if it 'has, within 10 years... been convicted of a disqualifying offence for which a conviction was recorded.' These two provisions use opposite formulations ('conviction not recorded' vs 'conviction was recorded') for different legal consequences, but sec.13(3A)(a)(i)'s formulation is self-contradictory, meaning the two subsections cannot be coherently reconciled."},{"severity":"low","section_a":"sec.6(ssec.1)(a)","section_b":"sec.6(ssec.2)(c)","confidence":0.6,"description":"Section 6(1)(a) defines a private investigator as someone who for reward 'obtains and gives private information about another person.' Section 6(2)(c) exempts a person who 'for reward, gives information about another person from existing records.' The exemption in sec.6(2)(c) covers giving information from existing records for reward — which on its face satisfies the definition in sec.6(1)(a) (the person obtains from records and gives the information). However sec.6(2)(c) only addresses 'gives' not 'obtains and gives' as a composite act, creating uncertainty about whether accessing and then transmitting existing records constitutes the composite act in sec.6(1)(a) or the exempt act in sec.6(2)(c)."}]}},"importantCases":[],"_links":{"self":"/api/acts/security-providers-act-1993","history":"/api/acts/security-providers-act-1993/history","analysis":"/api/acts/security-providers-act-1993/analysis","conflicts":"/api/acts/security-providers-act-1993/conflicts","importantCases":"/api/acts/security-providers-act-1993/important-cases","documents":"/api/acts/security-providers-act-1993/documents"}}