South Australia act

Security and Investigation Industry Act 1995

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

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This Act sets the rules for licensing and regulating security agents, investigation agents, process servers, and people or businesses that provide security industry training in South Australia. It makes licences mandatory, prescribes eligibility, conditions, fees, record-keeping and identification, and creates powers to suspend, cancel or discipline licence-holders.

The Commissioner and the police make key decisions and enforce the scheme (including fingerprinting, psychological assessments and alcohol/drug testing for crowd-control roles). Licensees, employers and training providers bear compliance costs and face penalties for breaches (see ss 6, 7A, 8, 5B, 23J–23O).

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What it does

Mechanically, the Security and Investigation Industry Act 1995 creates a licence-based regulatory regime for persons and businesses performing private security, investigation and related functions in South Australia, and for the persons and bodies that train them. Key operational features are these.

Licensing requirement. A person must not carry on business, act or hold out as a security agent, investigation agent, process server, or personally provide security industry training unless authorised by a licence under Part 2 (see s 6). The Act defines the classes of regulated activity (security agent, investigation agent, process server, security industry trainer and security industry training provider) in s 3(1).
Licence classes and conditions. The Commissioner for Consumer Affairs may grant security agents licences, investigation agents licences and security industry trainers licences (s 7). Licences may be made subject to specific conditions that limit functions, require supervision, require partnership arrangements, or require training or experience (s 7A). The regulations may further prescribe endorsements (s 11B).
Trainer and provider regulation. Persons who personally provide security industry training require a trainer licence; persons who carry on a business of providing security industry training require approval as a security industry training provider (s 23AAA). A person must not employ or engage another to personally provide security industry training unless that person holds an appropriate trainers licence (s 23AA).
Entry checks and biometrics. Applicants and directors can be required to supply identity information, photographs and fingerprints; the Commissioner may require fingerprints under s 8(3a) and s 23S, and the Commissioner of Police supplies antecedent and criminal-history information to the Commissioner (s 8A(2), s 23S(2)).

Current sections

Direct links to the current provisions in Security and Investigation Industry Act 1995.

Part 2

Licences

Part 2—Licences 6—Obligation to be licensed (1) A person must not— (a) carry on business, or otherwise act, as a security agent or investigation agent except as authorised by a licence under this Part; or (ab) personally provide security industry training except as authorised by a licence under this Part; or (b) advertise or otherwise hold himself or herself out as being entitled to carry on business, or to otherwise act, as a security agent or investigation agent or to personally provide security industry training unless authorised to so act by a licence under this Part. Maximum penalty: (a) for an offence committed by a natural person— (i) for a first or second offence—$50 000; or (ii) for a third or subsequent offence—$50 000 or 12 months imprisonment or both; or (b) for an offence committed by a body corporate—$250 000. (2) A person required to be licensed as an agent is not entitled to any fee or other consideration in respect of functions performed in the course of carrying on business as an agent unless— (a) the person was authorised by a licence to perform the functions in the course of carrying on business as an agent; or (b) a court hearing proceedings for recovery of the fee or other consideration is satisfied that the person's failure to be so authorised resulted from inadvertence only. 7—Grant of licence (1) Subject to this Act, the Commissioner may, on application by a person, grant a security agents licence, an investigation agents licence or a security industry trainers licence to the person. (2) The Commissioner may, at the applicant's request, grant the licence (a temporary licence) for a limited term (not exceeding 12 months). Subsection (2) had not come into operation at the date of the publication of this version. 7A—Licence conditions (1) A security agents licence or an investigation agents licence may be subject to a condition or conditions of the following kinds: (a) restricted functions condition: a condition limiting the functions that may be performed under the authority of the licence; (b) employee condition: a condition preventing the holder of the licence from carrying on business as an agent; (c) employee (supervision) condition: if the licence is subject to an employee condition, a condition requiring the holder of the licence to perform functions as an agent only under the supervision of a natural person who holds and has held, for a minimum period specified by the Commissioner in writing, a licence authorising the person to perform those functions personally without supervision; (d) partnership condition: a condition preventing the holder of the licence from carrying on business as an agent except in partnership with a person specified in the licence or some other person approved by the Commissioner; (e) partnership (business only) condition: if the licence is subject to a partnership condition, a condition preventing the holder of the licence from personally performing functions as an agent; (f) training condition: a condition requiring the holder of the licence to satisfactorily complete a course of training, or gain experience, within a period, as specified by the Commissioner in writing. (2) A security industry trainers licence may be subject to a condition limiting the functions that may be performed under the authority of the licence (a restricted functions condition). (3) Conditions— (a) may be imposed by the Commissioner— (i) on the grant of the licence; or (ii) at any time on application by the holder of the licence; and (b) may be varied or revoked by the Commissioner at any time on application by the holder of the licence. (4) Without limiting subsection (3), a variation or revocation of a restricted functions condition may effect the expansion or contraction of the functions that may be performed under the authority of the licence. (5) If the Commissioner is not satisfied that a training condition has been complied with, the Commissioner may, by notice in writing to the holder of the licence at any time after the period specified for the satisfactory completion of the course of training or gaining the experience, cancel the licence. Subsections (1)(f) and (5) had not come into operation at the date of the publication of this version. 7B—Duration of licence A licence remains in force (except for any period for which it is suspended) until— (a) the licence is surrendered or cancelled; or (b) the licensed agent or licensed security industry trainer dies or, in the case of a licensed body corporate, is dissolved; or (c) in the case of a temporary licence—the term of the licence expires. Paragraph (c) had not come into operation at the date of the publication of this version. 7C—Annual fee and return (1) A licensed agent or licensed security industry trainer must, each year not later than the date fixed by regulation— (a) pay to the Commissioner the fee fixed by regulation; and (b) lodge with the Commissioner a return in the manner and form required by the Commissioner. (2) If a licensed agent or licensed security industry trainer fails to pay the annual fee or lodge the annual return in accordance with subsection (1), the Commissioner may, by notice in writing, require the agent or trainer to make good the default. (3) If the agent or security industry trainer fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence of the agent or trainer is cancelled. (4) The Commissioner must notify the agent or trainer in writing of the cancellation of the licence of the agent or trainer. licensed agent includes a licensed agent whose licence has been suspended but does not include a person who holds a temporary licence; licensed security industry trainer includes a licensed security industry trainer whose licence has been suspended but does not include a person who holds a temporary licence. 7D—Surrender of licence A licensed agent or licensed security industry trainer may surrender the licence. 8—Application for licence (1) An application for a licence must— (a) be made to the Commissioner in the manner and form approved by the Commissioner; and (b) be accompanied by the fee fixed by regulation. (2) An applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant, or, if the applicant is a body corporate, each director of the body corporate, and any other information required by the Commissioner for the purposes of determining the application. (3) If the Commissioner is not in possession of a suitable photograph of an applicant for a licence who is a natural person, the Commissioner must require an applicant for a licence who is a natural person to attend at a specified place for the purpose of having the applicant's photograph taken or to supply the Commissioner with 1 or more photographs of the applicant as specified by the Commissioner. (3a) Subject to subsection (3b), the Commissioner must require the following persons to make arrangements to have their fingerprints taken: (a) an applicant for a security agents licence or security industry trainers licence who is a natural person; (b) each director of a body corporate that is an applicant for a security agents licence. (3b) The Commissioner need not impose a requirement in respect of fingerprints if the Commissioner is satisfied that the person's fingerprints have been taken (whether in or outside this State) and information relating to the identity, antecedents and criminal history of the person relevant to whether the application should be granted has been provided to the Commissioner. (3c) The Commissioner may require an applicant for a security agents licence authorising the performance of the function of controlling crowds who is a natural person to take part, at the cost of the applicant, in an approved psychological assessment. (4) If an applicant for a licence, or, if the applicant is a body corporate, a director of the body corporate, has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty. (5) The Commissioner may, by notice in writing, require a person, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (6) If the person fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application. 8A—Applications for security agents licence or security industry trainers licence to be furnished to Commissioner of Police (1) Subject to this section, the Commissioner must, in relation to each application for a security agents licence or security industry trainers licence— (a) give the Commissioner of Police a copy of the application; or (b) notify the Commissioner of Police of the identity of the applicant or, if the applicant is a body corporate, the identity of each director of the body corporate. (1a) The Commissioner need not comply with subsection (1) in respect of a person if— (a) the person is the holder of a security agents licence or security industry trainers licence; or (b) the Commissioner is satisfied that the person has been the subject of a process that substantially corresponds to that required by subsection (1) by reason of being the holder, or the director of a body corporate that is the holder, of an authorisation under the law of another State or a Territory of the Commonwealth that substantially corresponds to a security agents licence or security industry trainers licence. (2) As soon as reasonably practicable following receipt of an application, or information in respect of an application, and the taking of fingerprints if required, the Commissioner of Police— (a) must make available to the Commissioner such information about criminal convictions, and, if fingerprints are taken, about identity, antecedents and criminal history, as the Commissioner of Police considers relevant to whether the application should be granted; and (b) may make available to the Commissioner such other information to which the Commissioner of Police has access and considers relevant to whether the application should be granted. (3) The Commissioner of Police may, following receipt of an application, or information in respect of an application, under subsection (1), object to the application by notice in writing provided to the Commissioner within the prescribed period. (4) A notice of objection under subsection (3) must state grounds for the objection. (5) Subject to section 5B, a copy of the notice of objection must be served by the Commissioner on the applicant as soon as reasonably practicable after the notice is received by the Commissioner. (6) The Commissioner must, before deciding whether to grant or refuse the application, give the applicant a reasonable opportunity to respond to the notice of objection. 9—Determination of application for licence (1) Subject to this Act, a natural person is eligible to be granted a licence if the person, on application to the Commissioner, satisfies the Commissioner that he or she— (a) has the qualifications and experience determined by the Commissioner to be necessary for the purposes of the licence having regard to— (i) the functions proposed to be authorised by the licence; and (ii) whether the applicant has made, or proposes to make, a related application for a firearms licence; and (iii) whether the licence is to be subject to an employee (supervision) condition; and (iv) any other factor considered relevant by the Commissioner; and (d) is a fit and proper person to be the holder of the licence; and (e) in the case of a licence not to be subject to an employee condition— (i) is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and (ii) has not, during the period of five years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors— (A) when the body was being so wound up; or (B) within the period of six months preceding the commencement of the winding up; and (iii) has sufficient business knowledge and experience and financial resources for the purpose of properly carrying on business under the licence. (2) Subject to this Act, a body corporate is eligible to be granted a licence if the body corporate, on application to the Commissioner, satisfies the Commissioner that— (a) the body corporate— (i) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (ii) is not being wound up and is not under official management or in receivership; and (b) no director of the body corporate has, during the period of 5 years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors— (i) when the body was being so wound up; or (ii) within the period of 6 months preceding the commencement of the winding up; and (c) the directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business carried on under the licence; and (d) the body corporate has sufficient financial resources for the purpose of properly carrying on business under the licence; and (e) each director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence. (3) If, on an application by a person for a licence, the Commissioner— (a) is not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources; but (b) is satisfied that the applicant proposes to carry on business as an agent in partnership with a person who does meet the requirements not satisfied by the applicant, the Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to a partnership condition. (4) If a licence is to be granted subject to a partnership condition to an applicant who does not have the qualifications and experience required under subsection (1)(a), the licence is also to be subject to a partnership (business only) condition. (5) If the Commissioner of Police has objected under section 8A(3) to an application for a security agents licence or security industry trainers licence, the Commissioner must take into consideration the grounds for the objection when assessing the application. (6) An application for a security agents licence or security industry trainers licence can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest. (7) An application for a licence need not be determined if the applicant for the licence or a director of a body corporate that is the applicant for the licence is subject to a charge of a prescribed offence. 11—Appeals (1) An applicant for a licence may appeal to the Court against a decision of the Commissioner refusing the application or imposing a condition on the licence. (1aa) The holder of a licence may appeal to the Court against a decision of the Commissioner refusing to vary or revoke a condition of the licence. (1a) The Commissioner of Police may appeal to the Court against a decision of the Commissioner granting an application for a security agents licence or security industry trainers licence. (2) Subject to subsection (4), an appeal must be instituted within one month of the making of the decision appealed against. (3) Subject to section 5B, the Commissioner must, if so required by the applicant or the Commissioner of Police, state in writing the reasons for the Commissioner's decision. (4) If the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant or the Commissioner of Police (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the applicant receives the written statement of those reasons. 11A—Power of Commissioner to require photograph and information (1) The Commissioner may, by notice in writing, require a natural person who is a licensed agent or licensed security industry trainer, within a time fixed by the notice (which may not be less than 28 days after service of the notice)— (a) at least once in every 10 years— (i) to attend at a specified place for the purpose of having the agent's or trainer's photograph taken; or (ii) to supply the Commissioner with one or more photographs of the agent or trainer as specified by the Commissioner; and (b) not more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the agent or trainer and information about any other specified matters. (2) The Commissioner may, by notice in writing, require a body corporate that is a licensed agent, within a time fixed by the notice (which may not be less than 28 days after service of the notice) but not more than once in each year, to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of each director of the body corporate, and information about any other specified matters. (3) If a licensed agent or licensed security industry trainer fails to comply with a notice under subsection (1) or (2), the Commissioner may, by notice in writing, require the agent or trainer to make good the default. (4) If the agent or trainer fails to comply with the notice under subsection (3) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence of the agent or trainer is cancelled. (5) The Commissioner must notify the agent or trainer in writing of the cancellation of the licence of the agent or trainer. (6) In this section— licensed agent includes a licensed agent whose licence has been suspended; licensed security industry trainer includes a licensed security industry trainer whose licence has been suspended. 11B—Licence endorsements (1) The regulations may— (a) prescribe what an endorsement on a licence under this Act indicates; and (b) include provisions of a transitional nature on the making, variation or revocation of a regulation prescribing what an endorsement on a licence under this Act indicates, including provisions that require a licence of a specified class to be taken to be endorsed with a particular endorsement or for a particular form of endorsement to be taken to be substituted with another form of endorsement. (2) In legal proceedings, an endorsement on a licence under this Act (whether granted before or after the commencement of a regulation prescribing what the endorsement indicates) will be taken, in the absence of proof to the contrary, to indicate the matter prescribed by the regulations. (3) The Commissioner may, by notice in writing to the holder of a licence under the Act, require the holder to produce the licence for the purposes of including, varying or removing an endorsement. (4) A person who, without reasonable excuse, fails to produce his or her licence in accordance with subsection (3) is guilty of an offence. endorsement means any description, code or image displayed on a licence.

Part 3

Regulation of activities

Part 3—Regulation of activities 12A—Employment of security agents or investigation agents (1) A person (whether licensed under this Act or not) must not employ another as a security agent or investigation agent under a contract of service to perform functions of a particular kind unless that other person holds a licence authorising him or her to personally perform functions of that kind. (2) A person (whether licensed under this Act or not) must not engage another to perform the function of controlling crowds unless the person personally performing the function holds a licence authorising him or her to do so. 13—Operation of licensed agent's business (1) A licensed agent that is a body corporate must ensure that the agent's business is (with respect to the functions authorised by the licence) properly managed and supervised by a natural person who holds a licence authorising the person to perform those functions personally without supervision. (2) A licensed agent authorised to carry on business under the licence must ensure that functions performed in the course of the business are performed by natural persons who hold licences authorising them to perform those functions personally. 14—Accounts of licensed agent A licensed agent must keep accounts as required by the regulations. 15—Licensed agent not to purport to have powers outside licence (1) A licence does not confer on an agent power or authority to act in contravention of, or in disregard of, law or rights or privileges arising under or protected by law. (2) A licensed agent must not hold himself or herself out as having a power or authority by virtue of the licence that is not in fact conferred by the licence. 16—Prohibition against assisting another to pretend to be agent A person (whether licensed under this Act or not) must not supply or lend a document or form or provide other assistance to another person for the purpose of enabling that other person falsely to pretend to be an agent, or a person who, in the course of a business, performs any of the functions of an agent. 17—Misrepresentation An agent who makes a false, misleading or deceptive representation, or conceals a material fact, for the purpose of inducing another person to enter into an agreement or contract in connection with the performance of any of the functions of an agent is guilty of an offence. 18—Name in which licensed agent may carry on business A person must not carry on business as an agent under a licence except in the name appearing in the licence or in a business name registered by the person in accordance with the provisions of the Business Names Registration Act 2011 of the Commonwealth of which the Commissioner has been given prior notice in writing. 19—Publication of advertisements by licensed agent A person carrying on business as an agent under a licence must not publish, or cause to be published, an advertisement relating to the business (other than an advertisement relating solely to the recruiting of staff) unless the advertisement specifies the name of the agent appearing in the licence or a registered business name in which the agent carries on business as an agent and of which the Commissioner has been given prior notice in writing. 20—Licence or identification to be carried or displayed (1) A natural person who is a licensed agent must, at all times when performing functions under the licence, carry his or her licence and produce it forthwith if requested to do so by— (a) a police officer; or (b) the Commissioner; or (c) a person appointed as an authorised officer under the Fair Trading Act 1987; or (d) a person with whom the agent has dealings as an agent. (2) A natural person who is— (a) a licensed security agent authorised to perform the function of controlling crowds; or (b) an agent of a class specified by the regulations, must comply with the requirements of the regulations about the wearing of identification or a uniform (or both). 21—Limitations on settling claims relating to motor vehicles (1) Subject to this section, a person required to be licensed as an agent must not, when acting on behalf of another, settle or compromise or attempt to settle or compromise a claim in respect of loss or injury arising out of the use of a motor vehicle after proceedings have been instituted in a court in respect of that loss or injury. (2) This section does not apply unless the process by which the proceedings are instituted has been served on the defendant to those proceedings. (3) It is a defence to a charge of an offence against subsection (1) if it is proved that the defendant did not know, and could not by the exercise of reasonable diligence have discovered, that proceedings had been instituted in a court in respect of the loss or injury. 22—Repossession of motor vehicles to be reported An agent who takes possession of a motor vehicle that is subject to a security interest must— (a) as soon as practicable after taking possession of the motor vehicle, inform a police officer on duty at the police station nearest to the place where the agent took possession of the vehicle; and (b) within 24 hours after taking possession of the motor vehicle, deliver or send by post to the police officer in charge of the police station nearest to the agent's address for service1, written particulars in duplicate of the motor vehicle, including particulars of the registered number of the vehicle.

See section 46(2).

1 See section 46(2). 23—Entitlement to be process server (1) A natural person must not— (a) carry on business, or otherwise act, as a process server; or (b) advertise or otherwise hold himself or herself out as being entitled to carry on business, or otherwise act, as a process server, unless the person— (c) is qualified in accordance with the regulations; and (d) has not been found guilty or convicted of an offence as prescribed by the regulations. (2) A process server (whether a natural person or body corporate) must not employ a person as a process server unless the person meets the requirements of subsection (1). 23AAA—Entitlement to provide security industry training (1) A person must not carry on a business of providing security industry training unless the person has been approved by the Commissioner as a security industry training provider. (2) The Commissioner must not approve a person as a security industry training provider unless the Commissioner is satisfied that the person, or, if the person is a body corporate, each director of the body corporate, would be a fit and proper person to hold a security industry trainers licence if the person were to apply for such a licence. (3) The Commissioner may withdraw the approval of a person as a security industry training provider by notice in writing to the person if the Commissioner is satisfied that the person or, if the person is a body corporate, a director of the body corporate, would not be a fit and proper person to hold a security industry trainers licence if the person were to apply for such a licence or that the approval was obtained improperly. (4) An application for an approval must— (a) be made to the Commissioner in the manner and form approved by the Commissioner; and (b) be accompanied by the fee fixed by regulation. (5) An applicant for an approval must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant or, if the applicant is a body corporate, each director of the body corporate, and any other information required by the Commissioner for the purposes of determining the application. (6) The Commissioner may require an applicant for an approval, or, if the applicant is a body corporate, a director of the body corporate, to make arrangements to have his or her fingerprints taken. (7) If an applicant for an approval, or, if the applicant is a body corporate, a director of the body corporate, has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty. (8) The Commissioner may require the holder of an approval as a security industry training provider, or, if the holder is a body corporate, a director of the body corporate— (a) to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to identity, age and address; and (b) to make arrangements to have his or her fingerprints taken. (9) The Commissioner may, by notice in writing, require a person, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (10) As soon as reasonably practicable after fingerprints have been taken from a person pursuant to a requirement under this section, the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant. (11) If a person fails to comply with a notice under subsection (9)— (a) in the case of a requirement made in connection with an application for an approval—the Commissioner may without further notice, refuse the application but keep any fee that accompanied the application; and (b) in the case of a requirement made in connection with an existing approval—the Commissioner may, by notice in writing, require the person to make good the default. (12) If the holder of an approval is a body corporate and a notice is given under subsection (11)(b) to a director of the body corporate, a copy of the notice must be given by the Commissioner to the body corporate. (13) If a person fails to comply with a notice under subsection (11)(b) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the approval in respect of which the requirement is made is taken to be withdrawn. (14) The Commissioner must notify the holder of the approval in writing of the withdrawal of the approval. 23AA—Requirement to engage licensed security industry trainer A person must not employ or engage another to personally provide security industry training unless that other person holds a security industry trainers licence authorising him or her to personally provide training of the kind to be provided.

Part 3A

Regulation of security agents and security industry trainers

Part 3A—Regulation of security agents and security industry trainers Division A1—Cancellation, suspension or variation of licence where eligibility criteria no longer met 23AB—Commissioner may cancel, suspend or impose conditions on licence (1) If the Commissioner is satisfied that events have occurred such that a licensed agent or security industry trainer would not be entitled to be so licensed if the person were to apply for a licence, the Commissioner may, by notice served on the person— (a) cancel the licence; or (b) suspend the licence for a specified period or until the fulfilment of stipulated conditions; or (c) impose conditions on the licence. (2) If, during the suspension of a licence under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence to the person (either in the form in which it existed prior to the suspension or subject to new conditions). (3) A person whose licence is cancelled, suspended or made subject to conditions under this section may appeal to the Court against the decision of the Commissioner to cancel or suspend the licence or to impose the conditions. (4) Subject to subsection (6), an appeal must be instituted within 1 month of the making of the decision appealed against. (5) The Commissioner must, if so required by the appellant, state in writing the reasons for the Commissioner's decision. (6) If the reasons of the Commissioner are not given in writing at the time of making the decision and the appellant (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons. (7) The Court must hear and determine an appeal under this section as expeditiously as possible. (8) This section applies in relation to conduct occurring before or after the commencement of this section.

Div 1

Other suspensions and cancellations

Division 1—Other suspensions and cancellations 23A—Circumstances in which Commissioner may suspend security agents licence or security industry trainers licence (1) Subject to section 23B, if— (a) the holder of a security agents licence or security industry trainers licence, or a director of a body corporate that is the holder of a security agents licence, is charged with a prescribed offence; or (b) the Commissioner is satisfied, for any other reason, that it would be contrary to the public interest if the holder of a security agents licence or security industry trainers licence were to continue to be licensed, the Commissioner may, by notice in writing to the holder of the licence (a suspension notice), suspend the licence for a specified period or until further notice. (2) Suspension of a licence under this section takes effect immediately on service of a suspension notice advising that the licence has been suspended. (3) A person on whom a suspension notice has been served may, within the period of 21 days following service of the notice, make written representations to the Commissioner as to why his or her security agents licence or security industry trainers licence should not be suspended. (4) The Commissioner must, at the end of the period of 28 days following service of a suspension notice under this section— (a) confirm or revoke the suspension; and (b) advise the holder of the licence in writing of the Commissioner's decision; and (c) if the holder of the licence has surrendered the licence and the Commissioner's decision is to revoke the suspension—return the licence to the holder of the licence. (5) The Commissioner must, in determining whether to confirm or revoke suspension of a security agents licence or security industry trainers licence, have regard to any representations received from the holder of the licence under subsection (3). (6) The Commissioner may, at any time, on his or her own initiative, or on application by a person whose licence is suspended, revoke the suspension of a security agents licence or security industry trainers licence under this section. 23B—Circumstances in which Commissioner must suspend security agents licence (1) If the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds is charged by a police officer or the Director of Public Prosecutions with a prescribed offence, the Commissioner must, by notice in writing to the holder of the licence (a suspension notice), suspend the licence until further notice. (2) Suspension of a licence under this section takes effect immediately on service of a suspension notice advising that the licence has been suspended. (3) Suspension of a licence under this section may not be revoked by the Commissioner unless— (a) the holder of the licence has been found not guilty by a court of the criminal charges relevant to the licence having been suspended, or those charges have been withdrawn or dismissed; and (b) the Commissioner is satisfied that revocation of the suspension would not be contrary to the public interest. (4) The Commissioner must, as soon as reasonably practicable after becoming aware that all charges relevant to suspension of a licence under this section have been finalised— (a) confirm or revoke the suspension; and (b) advise the holder of the licence in writing of the confirmation or revocation; and (c) if the holder of the licence has surrendered the licence and the suspension is revoked—return the licence to the licence holder. 23C—Content of suspension notice (1) A suspension notice must include— (a) subject to section 5B, a statement of the Commissioner's reasons for the suspension; and (b) in the case of a notice under section 23A, a statement that— (i) the Commissioner is required, at the end of 28 days following service of the notice, to confirm or revoke the suspension; and (ii) the holder of the licence may, within 21 days of having received the notice, provide the Commissioner with reasons why the licence should not be suspended; and (c) a direction that the person must, within 7 days of service of the notice, surrender the suspended licence to the Commissioner. (2) A person who, without reasonable excuse, fails to surrender his or her licence in accordance with a direction under subsection (1) is guilty of an offence. 23D—Service of suspension notice (1) Subject to this section, a suspension notice must be served personally on the person whose licence is to be suspended by the notice. (2) If personal service cannot be effected promptly, it will be sufficient service for the notice— (a) to be left for the person with someone apparently over the age of 16 years; or (b) to be posted in an envelope addressed to the person, at the person's address for service. (3) The person's address for service is the address of which the Commissioner has been last notified in writing by the person as the person's address for service. 23E—Appeal (1) A person whose security agents licence or security industry trainers licence has been suspended under section 23A or 23B may appeal to the Court against the decision of the Commissioner to suspend the licence or any other decision made by the Commissioner under either of those sections in connection with the suspension. (1a) An appeal must be instituted within 1 month of the making of the decision appealed against. (2) The Court must hear and determine an appeal under this section as expeditiously as possible. (3) If an appeal under this section is not determined within 3 months of the commencement of the appeal, the suspension to which the appeal relates will, unless the Court orders otherwise, be stayed until the appeal is finally determined or withdrawn. 23G—Cancellation of licence (1) If the holder of a security agents licence or security industry trainers licence, or a director of a body corporate that is the holder of a security agents licence, is found guilty or convicted of an offence as prescribed by the regulations, the licence is cancelled and the licensee must, within 7 days of that finding, surrender the licence (if it has not already been surrendered) to the Commissioner. (2) A person who, without reasonable excuse, fails to surrender his or her licence in accordance with subsection (1) is guilty of an offence. 23H—Review of licence (1) If disciplinary action is taken on the prescribed number of occasions within the prescribed period against a person, or a number of persons, employed or otherwise engaged in the business of an agent carrying on business as a security agent, the Commissioner must review the licence of the agent to determine if the licence should be suspended or a complaint lodged in respect of the agent under section 26. (2) In this section— disciplinary action means— (a) suspension or cancellation of a licence under this Part; or (b) disciplinary action under section 29.

Div 2

Alcohol and drug testing of agents authorised to control crowds

Division 2—Alcohol and drug testing of agents authorised to control crowds 23I—Definitions for this Division In this Division— alcotest means a test by means of apparatus approved for the purpose of conducting alcotests under the Road Traffic Act 1961; analyst means— (a) a person appointed as an analyst for the purposes of the Road Traffic Act 1961; or (b) a person holding an office of a class approved for the purposes of the Road Traffic Act 1961; approved blood test kit means a kit of a kind declared by the Governor by regulation to be an approved blood test kit for the purposes of the Road Traffic Act 1961; authorised officer means an authorised officer under the Fair Trading Act 1987; breath analysing instrument means apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961; breath analysis means an analysis of breath by a breath analysing instrument; licensee means the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds; prescribed concentration of alcohol means any concentration of alcohol in the blood. 23J—Security agent authorised to control crowds may be required to undertake drug testing (1) A police officer or an authorised officer may, by notice in writing, direct a licensee to attend at a specified time and place for the purpose of undertaking a drug testing procedure to determine the level of any prescribed drug in any form in the blood or urine of the agent. (2) A notice under subsection (1) must specify what sample or samples are to be taken. (2a) In the case of a drug testing procedure that involves the collection of a sample of urine, a police officer or an authorised officer may agree with the licensee on a different time or place to that specified in the notice under subsection (1). (3) A police officer or authorised officer may give directions reasonably required for purposes connected with the administration or enforcement of this section. (4) If a sample of blood or urine given by a licensee under this section is found on analysis to be a non-complying sample (within the meaning of the regulations), the Commissioner or the Commissioner of Police may— (a) determine the costs and expenses of carrying out the analysis; and (b) recover the amount so determined from the licensee as a debt in a court of competent jurisdiction. (5) Regulations may be made under this section— (a) regulating the manner of taking and dealing with samples of blood and urine and their analysis; and (b) providing for certificate evidence for use in any proceedings as to the taking and analysis of any urine or blood sample and the authority of a person to carry out an analysis; and (c) requiring a licensee to produce the prescribed form of identification at the time a sample of blood or urine is taken, and providing that a failure to do so is taken to be a failure to comply with a direction under this section. 23K—Security agent authorised to control crowds may be required to undertake alcohol testing (1) A police officer may require a licensee, while performing the function of controlling crowds, to submit to an alcotest. (2) If an alcotest conducted under subsection (1) indicates that the prescribed concentration of alcohol may be present in the blood of the licensee, a police officer may require the licensee to submit to a breath analysis. (3) Performance of a breath analysis required under subsection (2) must be commenced within 2 hours of the licensee having submitted to the alcotest indicating that the prescribed concentration of alcohol may be present in the blood of the licensee. (4) The regulations may prescribe the manner in which an alcotest or breath analysis is to be conducted and may, for example, require that more than one sample of breath is to be provided for testing or analysis and, in such a case, specify which reading of the instrument or apparatus will be taken to be the result of the alcotest or breath analysis for the purposes of this and any other Act. 23L—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood If a licensee submits to an alcotest or a breath analysis and the alcotest apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood. 23M—Evidence etc (1) If the requirements and procedures in relation to breath analysing instruments and breath analysis under this Act, including subsections (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the licensee at the time of the analysis. (2) No evidence can be adduced in rebuttal of the presumption created by subsection (1) except— (a) evidence of the concentration of alcohol in the blood of the licensee as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures prescribed by regulation; and (b) evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the licensee. (3) If it is proved in proceedings that a concentration of alcohol was present in the licensee's blood at the time of a breath analysis, it must be conclusively presumed that that concentration of alcohol was present in the licensee's blood throughout the period of two hours immediately preceding the analysis. (4) As soon as practicable after a licensee has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the licensee a statement in writing specifying— (a) the reading produced by the breath analysing instrument; and (b) the date and time of the analysis. (5) If a licensee has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that licensee by the breath analysing instrument is the prescribed concentration of alcohol, the person operating the instrument must immediately— (a) give the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and (b) at the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person. (6) A certificate— (a) purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or (b) purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify that— (i) the apparatus used by the authorised person was a breath analysing instrument within the meaning of this Act; and (ii) the breath analysing instrument was in proper order and was properly operated; and (iii) the provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with, is, in the absence of proof to the contrary, proof of the matters so certified. (7) A certificate purporting to be signed by a police officer and to certify that an apparatus referred to in the certificate is or was of a kind approved under the Road Traffic Act 1961 for the purpose of performing alcotests is, in the absence of proof to the contrary, proof of the matter so certified. (8) A certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified. (9) A certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified. (10) A certificate purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify that— (a) a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and (b) the breath analysing instrument produced a reading specified in the certificate; and (c) a statement in writing required by subsection (4) was delivered in accordance with that subsection, is, in the absence of proof to the contrary, proof of the matters so certified. (11) A certificate purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify— (a) that, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and (b) that the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (5)(a); and (c) that— (i) the person did not make a request for an approved blood test kit in accordance with the regulations; or (ii) at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (5)(b), is, in the absence of proof to the contrary, proof that the requirements of subsection (5) were complied with in relation to the person. (12) A certificate purporting to be signed by a police officer and to certify that a person named in the certificate was, at the time of being directed to submit to an alcotest, performing the function of controlling crowds is, in the absence of proof to the contrary, proof of the matter so certified. (13) A certificate purporting to be signed by a police officer and to certify that a person named in the certificate was required under this Division to submit to an alcotest or breath analysis and refused or failed to comply with all reasonable directions of a police officer in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified. 23N—Commissioner of Police must report results of breath analysis to Commissioner The Commissioner of Police must, as soon as reasonably practicable after a police officer has required a licensee to submit to an alcotest or breath analysis, provide a report to the Commissioner setting out— (a) whether or not the licensee complied with the requirement; and (b) if the licensee complied with the requirement—the result of the alcotest or analysis. 23O—Cancellation of licence (1) The Commissioner may, subject to this section, cancel a security agents licence if— (a) the licensee fails, without reasonable excuse, to comply with— (i) a notice or direction under section 23J; or (ii) a requirement or direction under section 23K; or (b) a sample of the blood or urine of the licensee taken in accordance with section 23J is found on analysis to be a non-complying sample (within the meaning of the regulations); or (c) the results of a breath analysis undertaken in accordance with this Division demonstrate that the prescribed concentration of alcohol was present in the licensee's blood at a time when the licensee was performing the function of controlling crowds. (2) The Commissioner must, before exercising powers under subsection (1) in relation to a licensee— (a) give written notice to the licensee of the proposed cancellation, including a statement of the reasons that the Commissioner considers justify the cancellation; and (b) allow the licensee a period of 14 days (or such longer period as the Commissioner may in a particular case allow) to show cause why the licence should not be cancelled. (3) At the end of the period allowed by the Commissioner under subsection (2), the Commissioner must— (a) determine, having regard to any response received from the licensee, whether or not to proceed with cancellation of the licence; and (b) advise the licensee by notice in writing of the Commissioner's determination. (4) A notice under subsection (3)(b) must, if the licence is to be cancelled, specify the date from which the cancellation is to take effect (which must be not less than 14 days from the date of the notice) and the grounds for the Commissioner's determination. 23P—Surrender of licence (1) A person whose security agents licence has been cancelled under section 23O must, within 7 days of the date on which the cancellation takes effect, surrender the licence to the Commissioner. (2) A person who, without reasonable excuse, fails to surrender his or her licence in accordance with subsection (1) is guilty of an offence. Maximum penalty: $1 250. 23Q—Appeal (1) A person whose security agents licence has been cancelled under section 23O may appeal to the Court against the decision of the Commissioner to cancel the licence. (2) An appeal must be instituted within 1 month of the making of the decision appealed against.

Div 3

Firearms

Division 3—Firearms 23R—Effect of suspension, cancellation or variation of firearms licence (1) If— (a) a security agents licence authorises the performance of the function of protecting or guarding property, or keeping property under surveillance; and (b) a related firearms licence held by the holder of the security agents licence is suspended, then the security agents licence is, insofar as it authorises the performance of that function while possessing or using a firearm, suspended for the period of suspension of the firearms licence. (2) If— (a) a security agents licence authorises the performance of the function of protecting or guarding property, or keeping property under surveillance; and (b) a related firearms licence is cancelled or varied by removing the purpose relating to that function, then the security agents licence is, insofar as it authorises the performance of that function while possessing or using a firearm, cancelled. (3) The holder of a security agents licence that is suspended or cancelled under this section must return the licence to the Commissioner. (4) If the security agents licence remains in force in relation to other functions, the Commissioner will vary the licence as necessary and return it to the holder of the licence.

Div 4

Other requirements

Division 4—Other requirements 23S—Security agents, security industry trainers or directors may be required to provide fingerprints (1) The Commissioner may, by notice in writing, require— (a) the holder of a security agents licence, or, if the holder of a security agents licence is a body corporate, a director of the body corporate, to make arrangements to have his or her fingerprints taken; or (b) the holder of a security industry trainers licence to make arrangements to have his or her fingerprints taken. (2) As soon as reasonably practicable after fingerprints have been taken from a person pursuant to a requirement under subsection (1), the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant. (3) If a person fails to comply with a notice under subsection (1), the Commissioner may, by notice in writing, require the person to make good the default. (4) If the holder of the licence is a body corporate and a notice is given under subsection (3) to a director of the body corporate, a copy of the notice must be given to the body corporate. (5) If a person fails to comply with a notice under subsection (3) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence is cancelled. (6) The Commissioner must notify the holder of the licence in writing of the cancellation of the licence. (7) In this section— holder of a licence includes the holder of a licence that has been suspended. 23T—Security agent authorised to control crowds may be required to take part in psychological assessment or to undertake training (1) The Commissioner may, by notice in writing, require the holder of a security agents licence that authorises the licensee to perform the function of controlling crowds— (a) to take part, at the cost of the agent and within a specified period, in an approved psychological assessment; or (b) to complete a course of training approved by the Commissioner within a specified period and to provide the Commissioner with evidence that the course has been completed to a satisfactory standard as specified by the Commissioner. (2) If a person fails to comply with a notice under subsection (1), the Commissioner may, by notice in writing, require the agent to make good the default. (3) If the agent fails to comply with the notice under subsection (2) within a time fixed by the notice (which may not be less than 28 days after service of the notice), the agent's licence is cancelled. (4) The Commissioner must notify the agent in writing of the cancellation of the agent's licence. holder of a licence includes the holder of a licence that has been suspended.

Part 4

Discipline

Part 4—Discipline 24—Interpretation of Part 4 In this Part— agent includes— (a) a former agent; or (b) a person licensed as an agent, whether or not carrying on business, or otherwise acting, as an agent; or (c) a person formerly licensed as an agent; director of a body corporate includes a former director of a body corporate; security industry trainer includes— (a) a former security industry trainer; or (b) a person licensed as a security industry trainer, whether or not acting as a security industry trainer; or (c) a person formerly licensed as a security industry trainer. 25—Cause for disciplinary action (1) There is proper cause for disciplinary action against an agent or security industry trainer if— (a) the agent or trainer has acted contrary to an assurance accepted under the Fair Trading Act 1987 or an undertaking accepted under the Australian Consumer Law; or (b) the agent or trainer has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of performing functions as an agent or security industry trainer; or (ba) in the case of a licensed agent supervising another agent subject to an employee (supervision) condition, the agent failed to provide proper supervision of that other agent; or (c) in the case of an agent who has been carrying on business as an agent—the agent or any other person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, that business; or (d) in the case of an agent who has been employed or engaged to manage and supervise an incorporated agent's business—the agent or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, that business; or (e) in the case of a person licensed or formerly licensed as an agent or security industry trainer— (i) the licence of the agent or trainer was improperly obtained; or (ii) the person is not a fit and proper person to hold a licence or, if the agent is a body corporate, a director of the body corporate is not a fit and proper person to be a director of a body corporate that is the holder of a licence; or (iii) events have occurred, or circumstances have come to light, such that the agent or trainer would not be eligible to be granted the licence if he or she were to apply for it; or (f) in the case of a person licensed or formerly licensed as a security agent or security industry trainer—it would be contrary to the public interest if the person were to be or continue to be licensed. (2) Disciplinary action may be taken against each director of a body corporate that is an agent if there is proper cause for disciplinary action against the body corporate. (3) Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default. (4) This section applies in relation to conduct occurring before or after the commencement of this Act. 26—Complaints The Commissioner, a police officer or any other person may lodge with the Court a complaint setting out, subject to section 5B, matters that are alleged to constitute grounds for disciplinary action under this Part. 27—Hearing by Court (1) On the lodging of a complaint, the Court may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part. (2) Without limiting the usual powers of the Court, the Court may during the hearing— (a) allow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and (b) allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Court may think fit to impose. 27A—Procedure in the case of complaint against security agent or security industry trainer (1) On the hearing of a complaint against a person licensed or formerly licensed as a security agent or security industry trainer, the Court— (a) is not bound by the rules of evidence but may inform itself as it thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) In determining whether there is proper cause for disciplinary action against a person licensed or formerly licensed as a security agent or security industry trainer, regard may be had to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the person or persons with whom the person associates (or has associated at any relevant time) as the Court considers relevant, including information that existed at the time the licence was granted, regardless of whether that information was known or could have been made known to the Commissioner at that time. 28—Participation of assessors in disciplinary proceedings In any proceedings under this Part, the Court will, if a Judge of the Court so determines, sit with assessors selected in accordance with Schedule 1. 29—Disciplinary action (1) On the hearing of a complaint, the Court may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by order do one or more of the following: (a) reprimand the person; (b) impose a fine not exceeding $20 000 on the person; (c) in the case of a person who is licensed as an agent or security industry trainer— (i) impose conditions or further conditions on the licence; (ii) suspend the licence for a specified period or until the fulfilment of stipulated conditions or until further order; (iii) cancel the licence; (d) disqualify the person from holding a licence or a licence of a specified class under this Act or prohibit the person from carrying on business as an agent or as an agent of a specified class; (e) prohibit the person from being employed or otherwise performing functions as an agent or as an agent of a specified class or as a security industry trainer; (f) prohibit the person from being a director of a body corporate that is an agent or an agent of a specified class. (2) The Court may— (a) stipulate that a disqualification or prohibition is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of stipulated conditions; or (iv) until further order; (b) stipulate that an order relating to a person is to have effect at a specified future time. (3) A condition imposed by the Court under this section may require the person to satisfactorily complete a specified course of training within a specified period. (4) If— (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence. 30—Contravention of orders (1) If a person— (a) is employed or otherwise performs functions as an agent or security industry trainer; or (b) becomes a director of a body corporate that is an agent, in contravention of an order of the Court, that person and the agent are each guilty of an offence. Maximum penalty: $35 000 or 6 months imprisonment. (2) If a person carries on business as an agent in contravention of an order of the Court, the person is guilty of an offence. Maximum penalty: $35 000 or 6 months imprisonment.

Part 5

Miscellaneous

Part 5—Miscellaneous 31—Delegations (1) The Commissioner may delegate any of the Commissioner's functions or powers under this Act— (a) to a person employed in the Public Service; or (b) to the person for the time being holding a specified position in the Public Service; or (c) to any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of agents or security industry trainers or a particular class of agents or security industry trainers. (2) The Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner). (3) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. 32—Agreement with professional organisation (1) The Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of agents or security industry trainers or a particular class of agents or security industry trainers under which the organisation undertakes a specified role in the administration or enforcement of this Act. (2) The agreement— (a) must be in writing and executed by the Commissioner and the organisation; and (b) may contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and (c) must set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and (d) must make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation. (3) The Commissioner may not delegate for the purposes of the agreement— (a) functions or powers under Part 2; (b) power to request the Commissioner of Police to investigate and report on matters under Part 5; (c) power to commence a prosecution for an offence against this Act. (4) A delegation by the Commissioner for the purposes of the agreement— (a) has effect subject to the conditions specified in the agreement; and (b) may be varied or revoked by the Commissioner in accordance with the terms of the agreement; and (c) does not prevent the Commissioner from acting in any matter. (5) The Minister must, within six sitting days after the making of an agreement, cause a copy of the agreement to be laid before both Houses of Parliament. 33—Exemptions (1) The Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act. (2) An exemption is subject to the conditions (if any) imposed by the Minister. (3) The Minister may, at his or her discretion, vary or revoke an exemption. (4) The grant or a variation or revocation of an exemption must be notified in the Gazette. 34—Register of licensed agents, security industry trainers and security industry training providers (1) The Commissioner must keep a register of persons licensed as agents or security industry trainers or approved as security industry training providers. (2) The Commissioner must record on the register in relation to each licensed person— (a) the class of licence held by the person; and (b) any conditions to which the licence is subject; and (c) disciplinary action taken against the person under this Act; and (d) a note of any assurance accepted under the Fair Trading Act 1987 or undertaking accepted under the Australian Consumer Law in relation to the person. (2a) If any of the following events occur in relation to a person who is licensed as an agent or security industry trainer, or is a director of a body corporate that is licensed as an agent, the Commissioner may record a note of the event on the register: (a) the person is found guilty or convicted of an offence of a class as prescribed by regulation for the purposes of section 3(2); (b) the person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; (c) in the case of a person whose licence is not subject to an employee condition or who is a director of a body corporate that is licensed as an agent—a body corporate is wound up for the benefit of creditors and the person was a director of the body corporate— (i) when the body corporate was being so wound up; or (ii) within the period of 6 months preceding the commencement of the winding up; (d) in the case of a person whose licence is not subject to an employee condition—the person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; (e) the person, being a body corporate, is being wound up or is under official management or in receivership. (3) A person may inspect the register on payment of the fee fixed by regulation. 35—Commissioner and proceedings before Court (1) The Commissioner is entitled to be joined as a party to any proceedings of the Court under this Act. (2) The Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service. 36—Return of licences If a licence is suspended or cancelled under this Act, the holder of the licence must, at the direction of the Court or the Commissioner, return the licence to the Commissioner. 36AA—Taking of fingerprints (1) If fingerprints are to be taken from a person under this Act, the fingerprints must be taken by— (a) a police officer; or (b) a person, or a member of a class of persons, authorised in writing by the Commissioner for the purpose. (2) Without limiting the power of the Commissioner under this Act to impose a requirement for a person to make arrangements to have his or her fingerprints taken, the Commissioner may in imposing such a requirement specify how and when the arrangements are to be made and that arrangements may be made for the taking of fingerprints at a place outside this State. 36A—Destruction of fingerprints (1) This section applies— (a) to fingerprints taken under this Act in connection with an application if the application is refused; and (b) to fingerprints taken under this Act of a person as a director of a body corporate if the body corporate is dissolved or if the person ceases to be a director of the body corporate; and (c) to fingerprints taken under this Act in connection with a licence or approval or an application for a licence or approval if the licence or approval is cancelled or withdrawn or voluntarily surrendered. (2) A person whose fingerprints have been taken under this Act may, if the fingerprints are fingerprints to which this section applies, apply to the Commissioner of Police to have the fingerprints, and any copies of the fingerprints, destroyed. (3) The Commissioner of Police may grant or refuse the application as the Commissioner of Police sees fit. 36B—Immunity No liability attaches to the Commissioner or the Crown for the exercise or purported exercise in good faith of the Commissioner's power to suspend or cancel a security agents licence or security industry trainers licence. 37—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act. Maximum penalty: (a) if the person made the statement knowing that it was false or misleading—$10 000; (b) in any other case—$2 500. 38—Statutory declaration If a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner. 39—Commissioner of Police to conduct investigations and make available relevant information (1) The Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to— (a) the determination of an application under this Act; or (b) a matter that might constitute proper cause for disciplinary action under this Act. (2) The Commissioner of Police must, as soon as reasonably practicable after becoming aware of information relevant to a matter that might constitute proper cause for disciplinary action under this Act, make the information available to the Commissioner. 40—General defence (1) It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. (2) This section does not apply in relation to a person who is charged with an offence under section 42. 41—Liability for act or default of officer, employee or agent For the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority. 42—Offences by bodies corporate (1) If a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that— (a) the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the director failed to exercise due diligence to prevent the commission of the offence. (3) Subsection (2) does not apply if the principal offence is an offence against section 18, 19, 22, 23C, 23G, 23P or 36. (3a) The regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations. (4) In this section— prescribed offence means an offence against section 6, 12A, 13, 23, 23AAA, 23AA or 30. 43—Continuing offence (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence. (2) If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement. 44—Prosecutions (1) Proceedings for an offence against this Act must be commenced— (a) in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921; (b) in any other case—within 2 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 5 years of that date. (2) A prosecution for an offence against this Act cannot be commenced except by— (a) the Commissioner; or (b) an authorised officer under the Fair Trading Act 1987; or (c) a person who has the consent of the Minister to commence the prosecution; or (d) a police officer. (3) In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent. 45—Evidence In any proceedings, a certificate executed by the Commissioner certifying that a person did or did not hold a specified licence on a specified date constitutes proof, in the absence of proof to the contrary, of the matters so certified. 46—Service of documents (1) Subject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may— (a) be served on the person personally; or (b) be posted in an envelope addressed to the person— (i) at the person's last known address; or (ii) if the person is a licensed agent, licensed security industry trainer or approved as a security industry training provider—at the person's address for service; or (c) if the person is a licensed agent, licensed security industry trainer or approved as a security industry training provider—be left for the person at the person's address for service with someone apparently over the age of 16 years; or (d) be transmitted by fax or email to the fax number or email address provided by the person for that purpose (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) The address for service of a person who is a licensed agent, licensed security industry trainer or approved as a security industry training provider is the address of which the Commissioner has been last notified in writing by the person as being the person's address for service. 47—Annual report (1) The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June. (2) The Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament. 48—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) require agents or security industry trainers to comply with codes of conduct; (b) fix various maximum rates of commission and other charges that may be charged or made by agents for specified services; (c) regulate charges, payments and reimbursements made by or to an agent in connection with specified services; (d) fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees; (e) exempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act; (f) impose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister. (4) The regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time. (5) If a code is referred to in the regulations— (a) a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and (b) evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.

Sch 1

Appointment and selection of assessors for Court

Schedule 1—Appointment and selection of assessors for Court (1) The Minister must establish a panel of persons who may sit as assessors consisting of persons representative of persons involved in functions regulated under this Act. (2) The Minister must establish a panel of persons who may sit as assessors consisting of persons representative of members of the public who deal with persons referred to in subclause (1). (3) A member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment. (4) A member of a panel is, on the expiration of a term of office, eligible for reappointment. (5) Subject to subclause (6), if assessors are to sit with the Court in proceedings under Part 4, a Judge of the Court on the complaint must select one member from each of the panels to sit with the Court in the proceedings. (6) A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Court is disqualified from participating in the hearing of the matter. (7) If an assessor dies or is for any reason unable to continue with any proceedings, the Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings. Legislative history Notes • In this version provisions that are uncommenced appear in italics. • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Formerly Security and Investigation Agents Act 1995 Legislation repealed by principal Act The Security and Investigation Industry Act 1995 repealed the following: Commercial and Private Agents Act 1986 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Security and Investigation Agents Act 1995 7.12.1995 31.3.1996 (Gazette 28.3.1996 p1797) Co-operatives Act 1997 7.8.1997 1.12.1997 (Gazette 20.11.1997 p1326) Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998 Pt 12 (ss 33—36) & Sch—28.5.1998 (Gazette 28.5.1998 p2292) Statutes Amendment (Consumer Affairs) Amendment Act 1998 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 48)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 37)—1.6.2000 (Gazette 18.5.2000 p2554) Statutes Amendment (Consumer Affairs) Act 2001 11.10.2001 Pt 7 (ss 22—24)—1.11.2001 (Gazette 25.10.2001 p4686) Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005 9.6.2005 Pt 4 (ss 43—59), Sch 1 (cl 3) & Sch 3—8.12.2005 (Gazette 8.12.2005 p4195) Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 26 (ss 50—58)—18.1.2007 (Gazette 18.1.2007 p234) Protective Security Act 2007 26.7.2007 Sch 1 (cl 31)—28.4.2008 (Gazette 3.4.2008 p1183) Statutes Amendment and Repeal (Fair Trading) Act 2009 23.7.2009 Pt 9 (ss 55 & 56)—3.9.2009 (Gazette 3.9.2009 p4367) Credit (Transitional Arrangements) Act 2010 24.6.2010 Sch 1 (cl 5)—1.7.2010 (Gazette 1.7.2010 p3337) Statutes Amendment (Directors' Liability) Act 2011 22.9.2011 Pt 20 (ss 26 & 27)—1.1.2012 (Gazette 15.12.2011 p4988) Business Names Registration (Transitional Arrangements) Act 2012 22.3.2012 Sch 1 (cl 11)—28.5.2012 (Gazette 19.4.2012 p1467) Statutes Amendment (Criminal Intelligence) Act 2012 24.5.2012 Pt 7 (s 11)—12.7.2012 (Gazette 12.7.2012 p3110) Security and Investigation Agents (Miscellaneous) Amendment Act 2013 18.4.2013 27.9.2013 (Gazette 15.8.2013 p3504) except para (b) of the definition of security industry training (as inserted by s 6(8)), s 6(9), new ss 7(2), 7A(1)(f), (5) & 7B(c) (as inserted by s 11) & s 15(7)—uncommenced Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 45 (s 95)—17.6.2013 (Gazette 6.6.2013 p2498) Statutes Amendment (Occupational Licensing) Act 2013 21.11.2013 Pt 8 (ss 35, 37 & 38)—1.11.2014 (Gazette 9.10.2014 p6095); ss 34 & 36—21.11.2015 (Gazette 29.10.2015 p4742) Firearms Act 2015 17.12.2015 Sch 1 (cl 18)—1.7.2017 (Gazette 27.6.2017 p2619) Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 31 (ss 118—122)—1.7.2017 (Gazette 22.6.2017 p2224) Statutes Amendment and Repeal (Budget Measures) Act 2021 25.2.2021 Pt 13 (s 51)—10.10.2022 (Gazette 29.9.2022 p6255) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 10/2013 s 4 Pt 1

s 1 amended by 10/2013 s 5 s 2 omitted under Legislation Revision and Publication Act 2002 s 3

s 3(1) s 3 redesignated as s 3(1) by 10/2013 s 6(10) approved psychological assessment inserted by 22/2005 s 43(1) controlling crowds inserted by 10/2013 s 6(1) criminal intelligence inserted by 22/2005 s 43(2)

amended by 19/2012 s 11 12.7.2012 director amended by 22/2005 s 43(3) employee condition employee (supervision) condition firearm

amended by 46/2015 Sch 1 cl 18(1) firearms licence

amended by 46/2015 Sch 1 cl 18(2) fit and proper person holder of a security agents licence inserted by 22/2005 s 43(4) investigation agents licence inserted by 10/2013 s 6(3) partnership (business only) condition inserted by 10/2013 s 6(4) partnership condition inserted by 10/2013 s 6(4) restricted functions condition inserted by 10/2013 s 6(5) security agent amended by 10/2013 s 6(6)

amended by 71/2013 s 34(1)—(5) security agents licence inserted by 22/2005 s 43(5)

substituted by 10/2013 s 6(7) security industry trainer security industry trainers licence security industry training 27.9.2013 except para (b)—uncommenced security industry training provider temporary licence inserted by 10/2013 s 6(9) uncommenced training condition inserted by 10/2013 s 6(9) uncommenced s 3(2) inserted by 10/2013 s 6(10) s 4 amended by 61/1997 s 456 1.12.1997

amended by 33/1999 Sch (item 48) 1.7.1999

amended by 25/2007 Sch 1 (cl 31) 28.4.2008

amended by 3/2010 Sch 1 cl 5 1.7.2010

amended by 5/2021 s 51 10.10.2022 s 4A inserted by 10/2013 s 7 s 5A inserted by 22/2005 s 44 s 5A(1) amended by10/2013 s 8(1) s 5A(2) deleted by 10/2013 s 8(2) s 5B inserted by 22/2005 s 44 s 5B(2) amended by 10/2013 s 9 Pt 2

s 6

s 6(1)

amended by 10/2013 s 10(1), (2)

amended by 71/2013 s 35 s 7 substituted by 10/2013 s 11 27.9.2013 except s 7(2)—uncommenced s 7A 27.9.2013 except s 7A(1)(f) and (5)—uncommenced s 7A(3) substituted by 71/2013 s 36 s 7B 27.9.2013 except para (c)—uncommenced s 7C s 7C(2) amended by 7/2017 s 118 s 7D s 8

s 8(2) amended by 47/2001 s 22(a)

amended by 10/2013 s 12(1) s 8(3)

substituted by 10/2013 s 12(2) s 8(3a)—(3c) inserted by 10/2013 s 12(2) s 8(4)

amended by 10/2013 s 12(3) s 8(5)

amended by 10/2013 s 12(4) s 8(6)

amended by 10/2013 s 12(5) s 8A s 8A(1) amended by 10/2013 s 13(1), (2) s 8A(1a) inserted by 10/2013 s 13(3) s 8A(2) substituted by 10/2013 s 13(3) s 8B before deletion by 10/2013 s 8B(1) amended by 44/2006 s 50(1) s 8B(5) amended by 44/2006 s 50(2) s 8B deleted by 10/2013 s 14 s 8C

deleted by 10/2013 s 14 s 9

s 9(1) amended by 22/2005 s 46(1)

amended by 39/2009 s 55

amended by 10/2013 s 15(1)—(4)

(b) and (c) deleted by 10/2013 s 15(2) s 9(2) amended by 22/2005 s 46(2)

amended by 10/2013 s 15(5), (6) s 9(2a) inserted by 10/2013 s 15(7) uncommenced—not incorporated s 9(5)—(7) inserted by 10/2013 s 15(8) s 9A inserted by 22/2005 s 47

deleted by 10/2013 s 16 s 10 deleted by 10/2013 s 16 s 11

s 11(1aa) inserted by 10/2013 s 17(1) s 11(1a) inserted by 22/2005 s 48(1)

amended by 10/2013 s 17(2) s 11(2) amended by 4/2000 s 9(1) (Sch 1 cl 37(a)) s 11(3) amended by 22/2005 s 48(2), (3) s 11(4) amended by 22/2005 s 48(4) s 11(5) deleted by 4/2000 s 9(1) (Sch 1 cl 37(b)) s 11(6) deleted by 4/2000 s 9(1) (Sch 1 cl 37(c)) s 11A inserted by 47/2001 s 23 s 11A(3) amended by 7/2017 s 119 s 11A(1) s 11A amended and redesignated as s 11A(1) by 10/2013 s 18(1)—(4) s 11A(2)—(6) inserted by 10/2013 s 18(4) s 11AB before deletion by 10/2013 inserted by 22/2005 s 49 s 11AB(1) amended by 44/2006 s 51(1) s 11AB(2) amended by 44/2006 s 51(2) s 11AB ss 11AC and 11AD inserted by 22/2005 s 49

s 11B inserted by 10/2013 s 19 s 12 before deletion by 10/2013

s 12(3) amended by 47/2001 s 24

amended by 22/2005 s 50(1) s 12(4) amended by 22/2005 s 50(2) s 12 Pt 3

s 12A

s 12A(1) s 12A inserted by 21/1998 s 33

s 12A amended and redesignated as s 12A(1) by 22/2005 s 51(1), (2) s 12A(2) inserted by 22/2005 s 51(2) s 18 amended by 3/2012 Sch 1 cl 11 28.5.2012 s 20

s 20(1) s 22 s 23

s 23(1)

amended by 10/2013 s 20 s 23AAA inserted by 10/2013 s 21 s 23AAA(11) amended by 7/2017 s 120 s 23AA inserted by 10/2013 s 21 Pt 3A inserted by 22/2005 s 52 substituted by 10/2013 s 22 Pt 3A Div A1 inserted by 71/2013 s 37 Pt 3A Div 1

substituted by 10/2013 s 23

substituted by 71/2013 s 38 s 23A

s 23A(1) amended by 10/2013 s 24(1), (2) s 23A(3), (5) and (6) amended by 10/2013 s 24(3) s 23B

s 23B(1) amended by 10/2013 s 25 s 23C

s 23C(2) amended by 10/2013 s 26 s 23E

s 23E(1) amended by 44/2006 s 52(1)

amended by 10/2013 s 27 s 23E(1a) inserted by 44/2006 s 52(2) s 23F deleted by 44/2006 s 53 s 23G

s 23G(1) amended by 10/2013 s 28(1) s 23G(2) amended by 10/2013 s 28(2) Pt 3A Div 2

substituted by 10/2013 s 29 s 23J

s 23J(2a) inserted by 10/2013 s 30 s 23Q

s 23Q(1) s 23Q redesignated as s 23Q(1) by 44/2006 s 54 s 23Q(2) inserted by 44/2006 s 54 Pt 3A Div 3 inserted by 10/2013 s 31 Pt 3A Div 4 inserted by 10/2013 s 31 s 23S

s 23S(3) amended by 7/2017 s 121 s 23T

s 23T(2) amended by 7/2017 s 122 Pt 4

s 24

security industry trainer inserted by 10/2013 s 32 s 25

s 25(1) amended by 22/2005 s 53

amended by 44/2006 s 55

amended by 10/2013 s 33(1)—(6)

(g) deleted by 10/2013 s 33(6) s 26 amended by 22/2005 s 54(1), (2) s 27A inserted by 22/2005 s 55 s 27A(1) and (2) amended by 10/2013 s 34 s 28 amended by 21/1998 s 34 s 29

s 29(1)

amended by 10/2013 s 35(1), (2) s 30

s 30(1) amended by 10/2013 s 36 Pt 5

s 31

s 31(1) amended by 10/2013 s 37 s 32

s 32(1) amended by 10/2013 s 38 s 34

s 34(1) amended by 10/2013 s 39(1) s 34(2) amended by 10/2013 s 39(2)—(4) s 34(2a) inserted by 39/2009 s 56

amended by 10/2013 s 39(5), (6) s 36AA inserted by 44/2006 s 56 s 36AA(2) substituted by 10/2013 s 40 s 36A inserted by 22/2005 s 56 s 36A(1) substituted by 10/2013 s 41 s 36B inserted by 44/2006 s 57

amended by 10/2013 s 42 s 38 amended by 10/2013 s 43 s 39

s 39(1) s 39 redesignated as s 39(1) by 22/2005 s 57 s 39(2) inserted by 22/2005 s 57 s 40

s 40(1) s 40 redesignated as s 40(1) by 36/2011 s 26 s 40(2) inserted by 36/2011 s 26 s 42 substituted by 36/2011 s 27 s 42(2) amended by 16/2013 s 95(1) s 42(3) amended by 16/2013 s 95(2) s 42(3a) inserted by 16/2013 s 95(3) s 42(4)

prescribed offence amended by 10/2013 s 44 s 43

s 43(2) amended by 10/2013 s 45 s 44

s 44(1) substituted by 21/1998 Sch cl 9 as inserted by 22/1998 s 3 s 44(2) amended by 22/2005 s 58 s 46

s 46(1) amended by 10/2013 s 46(1)—(3) s 46(2) substituted by 10/2013 s 46(4) s 48

s 48(2) amended by 10/2013 s 47 Sch 1

scl (5) amended by 21/1998 s 35 scl (7) amended by 4/2000 s 9(1) (Sch 1 cl 37(d)) Sch 2 before deletion by 10/2013

cl 2

cl 2(4) and (5) inserted by 21/1998 s 36 cl 3 inserted by 22/2005 s 59 cl 3(1) amended by 44/2006 s 58(1) cl 3(2) amended by 44/2006 s 58(2) Sch 2 deleted by 10/2013 s 48 Transitional etc provisions associated with Act or amendments Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005, Sch 1—Transitional provisions 3—Security and Investigation Agents Act 1995 (1) An amendment to the Security and Investigation Agents Act 1995 effected by a provision of this Act applies in respect of an application under that Act if the application is determined after the commencement of that provision irrespective of whether the application was lodged before or after that commencement. (2) An amendment to the Security and Investigation Agents Act 1995 effected by a provision of this Act applies in respect of a licence granted under that Act, or a person licensed under that Act, whether the licence was granted before or after the commencement of that provision. (3) An amendment to the Security and Investigation Agents Act 1995 effected by a provision of this Act that provides for the suspension or cancellation of a person's licence if the person is charged with or found guilty of an offence applies only if the offence is committed, or alleged to have been committed, after the commencement of that provision. Historical versions Reprint No 1—1.12.1997

Reprint No 2—28.5.1998

Reprint No 3—1.7.1999

Reprint No 4—1.6.2000

Reprint No 5—1.11.2001

28.4.2008

1.7.2010

28.5.2012

12.7.2012

Source text: opening excerpt

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Security and Investigation Industry Act 1995

South Australia Security and Investigation Industry Act 1995 An Act to regulate security and investigation agents, process servers, security industry trainers and security industry training providers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act 4A Application of National Vocational Education and Training Regulator Act 2011 of the Commonwealth 5 Commissioner to be responsible for administration of Act 5A Enforcement 5B Criminal intelligence Part 2—Licences 6 Obligation to be licensed 7 Grant of licence 7A Licence conditions 7B Duration of licence 7C Annual fee and return 7D Surrender of licence 8 Application for licence 8A Applications for security agents licence or security industry trainers licence to be furnished to Commissioner of Police 9 Determination of application for licence 11 Appeals 11A Power of Commissioner to require photograph and information 11B Licence endorsements Part 3—Regulation of activities 12A Employment of security agents or investigation agents 13 Operation of licensed agent's business 14 Accounts of licensed agent 15 Licensed agent not to purport to have powers outside licence 16 Prohibition against assisting another to pretend to be agent 17 Misrepresentation 18 Name in which licensed agent may carry on business 19 Publication of advertisements by licensed agent 20 Licence or identification to be carried or displayed 21 Limitations on settling claims relating to motor vehicles 22 Repossession of motor vehicles to be reported 23 Entitlement to be process server 23AAA Entitlement to provide security industry training 23AA Requirement to engage licensed security industry trainer Part 3A—Regulation of security agents and security industry trainers Division A1—Cancellation, suspension or variation of licence where eligibility criteria no longer met 23AB Commissioner may cancel, suspend or impose conditions on licence Division 1—Other suspensions and cancellations 23A Circumstances in which Commissioner may suspend security agents licence or security industry trainers licence 23B Circumstances in which Commissioner must suspend security agents licence 23C Content of suspension notice 23D Service of suspension notice 23E Appeal 23G Cancellation of licence 23H Review of licence Division 2—Alcohol and drug testing of agents authorised to control crowds 23I Definitions for this Division 23J Security agent authorised to control crowds may be required to undertake drug testing 23K Security agent authorised to control crowds may be required to undertake alcohol testing 23L Concentration of alcohol in breath taken to indicate concentration of alcohol in blood 23M Evidence etc 23N Commissioner of Police must report results of breath analysis to Commissioner 23O Cancellation of licence 23P Surrender of licence 23Q Appeal Division 3—Firearms 23R Effect of suspension, cancellation or variation of firearms licence Division 4—Other requirements 23S Security agents, security industry trainers or directors may be required to provide fingerprints 23T Security agent authorised to control crowds may be required to take part in psychological assessment or to undertake training Part 4—Discipline 24 Interpretation of Part 4 25 Cause for disciplinary action 26 Complaints 27 Hearing by Court 27A Procedure in the case of complaint against security agent or security industry trainer 28 Participation of assessors in disciplinary proceedings 29 Disciplinary action 30 Contravention of orders Part 5—Miscellaneous 31 Delegations 32 Agreement with professional organisation 33 Exemptions 34 Register of licensed agents, security industry trainers and security industry training providers 35 Commissioner and proceedings before Court 36 Return of licences 36AA Taking of fingerprints 36A Destruction of fingerprints 36B Immunity 37 False or misleading information 38 Statutory declaration 39 Commissioner of Police to conduct investigations and make available relevant information 40 General defence 41 Liability for act or default of officer, employee or agent 42 Offences by bodies corporate 43 Continuing offence 44 Prosecutions 45 Evidence 46 Service of documents 47 Annual report 48 Regulations Schedule 1—Appointment and selection of assessors for Court Legislative history

Security and Investigation Industry Act 1995

Plain English Summary

Deep Dive

What it does

Current sections

Licences

Regulation of activities

See section 46(2).

Regulation of security agents and security industry trainers

Other suspensions and cancellations

Alcohol and drug testing of agents authorised to control crowds

Firearms

Other requirements

Discipline

Miscellaneous

Appointment and selection of assessors for Court

Source text: opening excerpt

1 Security and Investigation Industry Act 1995

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply