Part 2Licences

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.