4Carrying on a “security activity”

#### 4 Carrying on a “security activity” 4 Carrying on a “security activity” > > (1) For the purposes of this Act, a person carries on a security activity if the person carries on any one or more of the following activities in the course of conducting a business or in the course of the person’s employment— > > > > > (a) acting as a bodyguard or acting in a similar capacity, > > > > > (b) acting as a crowd controller, or acting in a similar capacity, by physical or electronic means, > > > > > (c) patrolling, protecting or guarding any property, by physical means (which may involve the use of dogs or the possession or use of firearms) or by electronic means, including, but not limited to, in any one or more of the following circumstances— > > > > > > > (i) carrying on control room operations, > > > > > > > (ii) carrying on monitoring centre operations, > > > > > > > (iii) carrying on retail loss prevention, > > > > > > > (iv) patrolling, protecting or guarding cash (including cash in transit) or other valuables, > > > > > > > (v) patrolling, protecting or guarding an airport or any other infrastructure, > > > > > (c1) acting as a private investigator or acting in a similar capacity, > > > > > (d) installing, maintaining, repairing or servicing, by physical or electronic means— > > > > > > > (i) any security equipment, or > > > > > > > (ii) any mechanical, electronic, acoustic or other equipment that the person installing, maintaining, repairing or servicing the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property, > > > > > (e) selling— > > > > > > > (i) any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or > > > > > > > (ii) any mechanical, electronic, acoustic or other equipment that the person selling the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property, > > > > > (f) selling security methods or principles, > > > > > (g) selling the services of persons to carry on any security activity referred to in this section, > > > > > (h) providing advice in relation to security equipment (other than basic household or automotive security items at approved classes of retail outlets), including providing product advice in relation to security equipment, > > > > > (h1) providing advice in relation to the identification and analysis of security risks and providing solutions or management strategies to minimise security risks, > > > > > (i) providing advice in relation to any other mechanical, electronic, acoustic or other equipment (other than basic household or automotive security items at approved classes of retail outlets) that the person providing the advice purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property, > > > > > (j) providing training or instruction in relation to any security activity referred to in this section, > > > > > (k) assessing another person’s training, instruction or competencies in relation to any security activity referred to in this section, > > > > > (l) (Repealed) > > > > > (m) providing persons to carry on any security activity referred to in this section, > > > > > (n) acting as an agent for, or otherwise obtaining contracts for— > > > > > > > (i) the supply of persons to carry on any security activity referred to in this section, or > > > > > > > (ii) the supply of any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or > > > > > > > (iii) the supply of any security activity referred to in this section, > > > > > (o) brokering any security activity referred to in this section, by acting or purporting to act as an intermediary to negotiate and obtain any such activity for a person (other than the person’s employer or a principal who is not a client of the person) in return for a commission or financial benefit, > > > > > (p) any other activity, or class of activities, that is connected with security or the protection of persons or property, whether by physical or electronic means, and that is prescribed by the regulations for the purposes of this section. > > > (1A) The regulations may prescribe activities that are not security activities. > > > (2) In this section— > > > > basic household or automotive security item has the meaning given by the regulations. > > > > bodyguard means a person who is employed or engaged for the purpose of providing close personal protection to another person. > > > > crowd controller means a person who, for remuneration, exercises one or more of the following functions at a relevant place as part of the person’s regular duties— > > > > > (a) controlling or monitoring the behaviour of persons to maintain order, > > > > > (b) screening persons seeking entry, > > > > > (c) removing persons for behavioural or other reasons, > > > > > (d) any other function prescribed by the regulations. > > > > private investigator means a person who is employed or engaged for the purposes of either or both of the following— > > > > > (a) the investigation of persons, being any activity carried out by a person on behalf of a second person (not being his or her employer) that involves finding a third person or investigating a third person’s business or personal affairs, > > > > > (b) the surveillance of persons, being any activity carried out by a person on behalf of a second person (not being his or her employer) that involves the surveillance of a third person. > > > > relevant place means the following places, but does not include a place prescribed by the regulations as not being a relevant place— > > > > > (a) licensed premises within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), > > > > > (b) a public entertainment venue, > > > > > (c) a place at which a public or private event or function is held, > > > > > (d) a hospital, > > > > > (e) a quarantine facility, > > > > > (f) retail premises, > > > > > (g) a public place. > > > > sell includes hire, lease and offer to sell, hire or lease. > > **s 4:** Am 1998 No 54, Sch 1.16 \[1\]. Subst 2005 No 63, Sch 1 \[4\]. Am 2011 No 62, Sch 1.18 \[1\]–\[5\]; 2012 No 49, Sch 1 \[5\] \[7\]–\[9\]; 2016 No 40, Sch 1\[2\] \[3\]; 2022 No 52, Sch 1\[3\]–\[7\].