4Act not applicable to certain persons

4 Act not applicable to certain persons

A person is not required to hold a private security licence or a temporary permit issued under Division 6 of Part 3, if that person is—

S. 4(a) substituted by No. 37/2014 s. 10(Sch. item 131.2(a)).

(a) a police officer or a member of the police force or police service of the Commonwealth or of any other State or Territory who is carrying on his or her functions as such police officer or member;

(b) a member of the defence force of the Commonwealth who is carrying on his or her functions as such a member;

(c) an employee of—

(i) the Crown in right of the Commonwealth or the State of Victoria; or

(ii) any Government department of the Commonwealth or of the State of Victoria—

who is carrying on his or her functions as such an employee;

S. 4(d) amended by No. 6/2010 s. 203(1)(Sch. 6 item 37) (as amended by No. 45/2010 s. 22).

(d) a person authorised under section 221AB of the Transport (Compliance and Miscellaneous) Act 1983 to act as an authorised officer for the purposes of Part VII of that Act, who is carrying on his or her functions as such an authorised officer;

S. 4(e) substituted by No. 18/2005 s. 18(Sch. 1 item 85), amended by No. 17/2014 s. 160(Sch. 2 item 74).

(e) an Australian lawyer acting in the course of his or her legal practice or a clerk of an Australian lawyer acting in the course of his or her duties in the ordinary course of that practice;

(f) a qualified public accountant who is acting in the ordinary course of his or her accounting practice;

(g) a person—

(i) who is acting in the ordinary course of carrying on the business of—

(A) insurance; or

(B) an insurance adjustment agency; or

(C) a trustee company; or

(ii) who is an employee or agent of a person referred to in subparagraph (i) who is carrying on his or her duties as such an employee or an agent (as the case may be)—

where the business or duties that the person is carrying on is not covert enquiries or surveillance;

S. 4(h) amended by No. 12/2024 s. 6(2)(a).

(h) a person (employee) who, in the course of his or her employment with an employer (who is not carrying on a business for which a private security business licence is required) is required—

(i) to watch, guard or protect any property or do any inquiry work; or

(ii) only in connection with the employer's business to—

(A) install, maintain, repair or service internal security equipment; or