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Legislation repealed by principal Act
The Security and Investigation Industry Act 1995 repealed the following: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