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Australian Capital Territory
Security Industry Act 2003
A2003-4
Republication No 29
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Security Industry Act 2003 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Security Industry Act 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 3
Part 2 Interpretation and application of Act
6 Meaning of security business 4
7 Carrying on security activity 4
8 Meaning of security equipment 5
9 Regulations may exempt people from application of Act 6
Section 1 - Security Industry Act 2003 - Security Industry Act 2003 | Zoe
Contents
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Part 2A Criminal intelligence
9A Definitions—pt 2A 7
9B Disclosure of criminal intelligence—chief police officer 7
9C Disclosure of criminal intelligence—commissioner for fair trading and
ACAT 8
9D Whether information is criminal intelligence—application and decision 9
9E Appeal—applicant may withdraw information 10
9F Confidentiality of criminal intelligence—commissioner for fair trading
and ACAT 10
9G Confidentiality of criminal intelligence—courts 11
9H Delegation by chief police officer 12
Part 3 Licences
Division 3.1 Requirement for licence
10 Offence of carrying on unauthorised security activity 13
Division 3.2 Kinds of licences
11 Classes of licences 13
12 Master licences 13
13 Employee licences 14
14 Trainer licences 15
15 Temporary licences 15
15A Temporary visitor licence 15
16 Licences do not authorise use of firearm 16
Division 3.3 Licence applications
17 Application for licence 17
Division 3.4 Information for assessing licence applications
18 Request for further information 18
20 Further information from 3rd parties 18
Division 3.5 Suitability and prerequisites for issuing licences
21 General suitability criteria 19
22 Meaning of close associate for s 21 22
23 Public interest 23
24 Eligibility for employee, trainer and employee temporary visitor
licences 24
Contents
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Division 3.6 Decisions on applications
25 Decision on application for licence other than temporary licence 25
26 Temporary licences 25
27 Decision on application for variation 26
Division 3.7 Form and term of licences
28 Form of licence 26
29 Term of licence 27
Division 3.7A Cancellation, suspension and surrender of licence
29AA Disclosure of disqualifying offences 27
29A Commissioner must cancel licence 27
29B Immediate suspension of licence 28
29C Surrender of licence 29
Division 3.8 Occupational discipline—licensees
30 Grounds for occupational discipline 29
31 Commissioner may apply to ACAT for occupational discipline 30
Division 3.9 Register
34 Register of licences 30
35 Keeping register 31
Division 3.10 Notification and review of decisions
36 Meaning of reviewable decision—div 3.10 31
36A Reviewable decision notices 31
37 Applications for review 32
Part 4 Other offences
38 Contravention of licence conditions 33
39 Return etc of licences varied, suspended or cancelled 33
40 Advertising 33
41 Licence to be produced on request 34
42 Wearing of licences etc 35
42A Exemption for wearing of licences etc 36
43 Licensee not to dispose of licence etc 37
44 Prohibition on delegation etc of functions 37
45 Master licensee not to employ unlicensed people 38
Contents
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Part 5 Miscellaneous provisions
46 Directions to master licensees about insurance etc 39
47 Licensee to keep commissioner informed 39
48 Fees charged by unlicensed people 39
49 Certificates as evidence 40
49A Destruction of fingerprints 40
50 Determination of fees 40
51 Approved forms 41
52 Regulation-making power 41
Schedule 1 Reviewable decisions 43
Dictionary 44
Endnotes
1 About the endnotes 47
2 Abbreviation key 47
3 Legislation history 48
4 Amendment history 52
5 Earlier republications 58
6 Expired transitional or validating provisions 59
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Australian Capital Territory
Security Industry Act 2003
An Act to provide for the licensing and regulation of people in the security
industry, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Security Industry Act 2003.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and
expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘employee licence—see section 13.’
means that the expression ‘employee licence’ is defined in section 13.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5
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5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against
this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Interpretation and application of Act
Section 6
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Part 2 Interpretation and application of
Act
6 Meaning of security business
A security business is a business in which a person carries on 1 or
more security activities.
7 Carrying on security activity
(1) For this Act, a person carries on a security activity if, as part of a
business or the person’s employment, the person does 1 or more of
the following:
(a) patrols, guards, watches or protects property (including cash in
transit);
(b) guards with a firearm for cash in transit;
(c) guards with a firearm for protecting property;
(d) acts as a monitoring centre operator;
(e) guards with a dog;
(f) acts as a bodyguard;
(g) acts as a security consultant;
(h) acts as a crowd controller;
(i) sells security equipment;
(j) carries out surveys and inspections of security equipment;
(k) gives advice about security equipment;
(l) installs, maintains, monitors, repairs or services security
equipment;
(m) carries on an activity in relation to security that is prescribed
under the regulations;
Interpretation and application of Act Part 2
Section 8
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(n) trains or instructs in relation to an activity mentioned in
paragraphs (a) to (m);
(o) employs or provides people to carry on an activity mentioned in
paragraphs (a) to (n).
(2) However, a person does not carry on a security activity only because
the person installs a lock as part of the person’s occupation as a
builder.
(3) Also, a person does not carry on a security activity only because the
person cuts unrestricted keys or sells self-install security systems.
(4) In this section:
self-install security system means a security system designed so that
it can be installed by an ordinary consumer.
unrestricted key means a key other than a key marked restricted,
patented or trademarked.
8 Meaning of security equipment
(1) For this Act:
security equipment means any of the following:
(a) a safe or vault;
(b) mechanical, electronic, acoustic or other equipment designed or
adapted specifically to provide or enhance security or for the
protection or watching of any property;
Examples—par (b)
1 security screen doors that have reinforced steel mesh
2 security windows that have a fixed panel of reinforced stainless steel
mesh in the window frame
3 security window grilles that are steel bars fixed to the wall outside the
window
4 security window roller shutters that are made of reinforced aluminium
and are lockable
Part 2 Interpretation and application of Act
Section 9
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(c) a device or equipment prescribed under the regulations for this
definition.
(2) However, security equipment does not include a device or equipment
declared not to be security equipment under the regulations.
9 Regulations may exempt people from application of Act
The regulations may exempt people from the application of this Act.
Criminal intelligence Part 2A
Section 9A
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Part 2A Criminal intelligence
9A Definitions—pt 2A
In this part:
criminal intelligence means information relating to actual or
suspected criminal activity (whether in the ACT or elsewhere) the
disclosure of which could reasonably be expected to—
(a) prejudice a criminal investigation; or
(b) enable the discovery of the existence or identity of a confidential
source of information relevant to law enforcement; or
(c) endanger anyone’s life or physical safety.
maintain—an entity maintains the confidentiality of information in
relation to an applicant for a licence or licensee only if—
(a) the information is not used by the entity for a purpose other than
exercising a function mentioned in this part; and
(b) the information is not disclosed to the applicant or licensee,
representatives of the applicant or licensee or any member of the
public; and
(c) evidence and submissions about the information are received
and heard in private in the absence of the applicant or licensee
and representatives of the applicant or licensee, and are not
disclosed to any member of the public; and
(d) the information is not disclosed in any reasons for decision.
9B Disclosure of criminal intelligence—chief police officer
(1) Information that is classified by the chief police officer as criminal
intelligence must not be disclosed for this Act to anyone other than
the commissioner for fair trading, the Minister, a court or an entity to
whom the chief police officer authorises its disclosure.
Part 2A Criminal intelligence
Section 9C
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(2) The chief police officer may only disclose the information to the
commissioner for fair trading if the officer believes on reasonable
grounds that the information is relevant to—
(a) the making of a decision by the commissioner about issuing a
licence to an applicant; or
(b) the making of a decision by the commissioner about whether to
apply to the ACAT for an occupational discipline order in
relation to a licensee.
(3) Subsection (1) does not prevent the chief police officer from
disclosing the information for another lawful purpose.
9C Disclosure of criminal intelligence—commissioner for fair
trading and ACAT
(1) This section applies—
(a) if—
(i) the commissioner for fair trading refuses to issue a licence
to an applicant; or
(ii) the commissioner for fair trading applies to the ACAT for
an occupational discipline order in relation to a licensee; or
(iii) the ACAT makes an occupational discipline order in
relation to a licensee; and
(b) if a thing mentioned in paragraph (a) is done because, or partly
because, of information that is classified by the chief police
officer as criminal intelligence.
(2) The commissioner or ACAT must not give any reason for doing the
thing other than the following:
(a) for subsection (1) (a) (i)—that issuing the licence would not be
in the public interest;
Criminal intelligence Part 2A
Section 9D
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(b) for subsection (1) (a) (ii)—that disclosing the reason for the
application would not be in the public interest;
(c) for subsection (1) (a) (iii)—that disclosing the reason for the
order would not be in the public interest.
9D Whether information is criminal intelligence—application
and decision
(1) This section applies if the commissioner for fair trading—
(a) refuses to issue a licence to an applicant because, or partly
because, of information that is classified by the chief police
officer as criminal intelligence, and the applicant applies to the
ACAT for review of the decision (the proceeding); or
(b) applies to the ACAT for an occupational discipline order in
relation to a licensee because, or partly because, of information
that is classified by the chief police officer as criminal
intelligence (also the proceeding).
(2) The commissioner or chief police officer must apply to the ACAT for
a decision about whether the information is criminal intelligence.
(3) The application need not be served on anyone unless the ACAT
otherwise orders on its own initiative.
(4) The ACAT may decide that the information is, or is not, criminal
intelligence.
(5) If the ACAT proposes to decide that the information is not criminal
intelligence, the applicant must be told about the proposal and given
the opportunity to withdraw the information from the proceeding.
Part 2A Criminal intelligence
Section 9E
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9E Appeal—applicant may withdraw information
(1) This section applies to the following proceedings:
(a) if—
(i) the ACAT has made a decision that information is not
criminal intelligence, and there is an appeal to the Supreme
Court from that decision; and
(ii) the court proposes to find that the information is not
criminal intelligence;
(b) if—
(i) the applicant mentioned in section 9D (1) (a) appeals the
ACAT’s decision to the Supreme Court; and
(ii) the court proposes to find that the information is not
criminal intelligence;
(c) if—
(i) the licensee mentioned in section 9D (1) (b) appeals the
ACAT’s decision to the Supreme Court; and
(ii) the court proposes to find that the information is not
criminal intelligence.
(2) The applicant mentioned in section 9D (2) must be told about the
court’s proposal and given the opportunity to withdraw the
information from the proceeding.
9F Confidentiality of criminal intelligence—commissioner for
fair trading and ACAT
(1) The commissioner for fair trading must maintain the confidentiality
of information classified by the chief police officer as criminal
intelligence when deciding whether to—
(a) issue a licence to an applicant; or
Criminal intelligence Part 2A
Section 9G
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(b) apply to the ACAT for an occupational discipline order in
relation to a licensee.
(2) The commissioner for fair trading and ACAT must maintain the
confidentiality of information that is the subject of an application
mentioned in section 9D (2)—
(a) until the tribunal makes a decision about whether the
information is criminal intelligence; or
(b) that the tribunal—
(i) decides is criminal intelligence; or
(ii) decides is not criminal intelligence, if there is an appeal
from that decision and the appeal is upheld.
(3) The commissioner for fair trading and ACAT must maintain the
confidentiality of information that is the subject of an application
mentioned in section 9D (2) if the information is withdrawn.
(4) The commissioner for fair trading or ACAT may take any steps the
commissioner or tribunal considers appropriate to maintain the
confidentiality of the information.
(5) However, if the Supreme Court finds that the information is not
criminal intelligence, and the information is not withdrawn, the
commissioner for fair trading or ACAT need not maintain the
confidentiality of the information.
9G Confidentiality of criminal intelligence—courts
(1) This section applies if a court deals (on appeal or otherwise) with—
(a) a decision by the ACAT about whether information is criminal
intelligence; or
(b) the question of whether information classified by the chief
police officer as criminal intelligence is criminal intelligence.
(2) The court must maintain the confidentiality of the information.
Part 2A Criminal intelligence
Section 9H
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(3) The court may take any steps it considers appropriate to maintain the
confidentiality of the information.
(4) The court must not give any reason for making a finding in relation
to the information, other than the public interest.
(5) However, if the Supreme Court finds that information is not criminal
intelligence, and the information is not withdrawn—
(a) the court need not maintain the confidentiality of the
information and may give reasons for the finding; and
(b) any other court need not maintain the confidentiality of the
information and may give reasons for making a finding in
relation to the information.
9H Delegation by chief police officer
(1) The chief police officer may delegate a function under this part to a
senior police officer.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
(2) In this section:
senior police officer means a police officer of or above the rank of
superintendent.
Licences Part 3
Requirement for licence Division 3.1
Section 10
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Part 3 Licences
Division 3.1 Requirement for licence
10 Offence of carrying on unauthorised security activity
(1) A person commits an offence if the person—
(a) carries on a security activity; and
(b) does not hold a licence authorising the person to carry on the
activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability offence.
Division 3.2 Kinds of licences
11 Classes of licences
(1) Under this Act, licences are divided into 5 classes: master licences,
employee licences, trainer licences, temporary licences and
temporary visitor licences.
(2) Employee licences and temporary visitor licences are further divided
into subclasses.
(3) If a person is not eligible for an employee licence, the person may be
eligible for a temporary licence.
Note See s 26 (Temporary licences).
12 Master licences
(1) A master licence is a licence that authorises the licensee to employ
or provide people to carry on a security activity.
Part 3 Licences
Division 3.2 Kinds of licences
Section 13
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(2) However, the licensee may only employ or provide a person to carry
on a security activity if the person holds an employee licence, a trainer
licence, a temporary licence or an employee temporary visitor
licence.
13 Employee licences
(1) An employee licence is a licence that authorises the licensee to do
1 or more of the following:
(a) patrol, guard, watch or protect property (including cash in
transit);
(b) guard with a firearm for cash in transit;
(c) guard with a firearm for protecting property;
(d) act as a monitoring centre operator;
(e) guard with a dog;
(f) act as a bodyguard;
(g) act as a security consultant;
(h) act as a crowd controller;
(i) sell security equipment;
(j) carry out surveys and inspections of security equipment;
(k) give advice about security equipment;
(l) install, maintain, monitor, repair or service security equipment.
Note 1 A licence to guard with a firearm does not authorise the licensee to use a
firearm (see s 16).
Note 2 A person must hold an appropriate ACT firearms licence to be eligible to
be granted a licence to guard with a firearm (see s 24).
Licences Part 3
Kinds of licences Division 3.2
Section 14
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(2) In this section:
security consultant means a person whose function is to identify and
analyse security risks and provide solutions, management strategies
or both to minimise security risks.
14 Trainer licences
(1) A trainer licence is a licence that authorises the licensee to provide
training in relation to security activities.
(2) A trainer licence may relate to particular security activities, or
security activities generally.
15 Temporary licences
(1) A temporary licence is a licence issued under section 26 to someone
who is not eligible to hold an employee licence.
(2) A temporary licence authorises an activity that may be authorised by
an employee licence.
15A Temporary visitor licence
(1) A temporary visitor licence is a licence that authorises the licensee—
(a) to employ or provide people to carry on 1 or more of the security
activities mentioned in subsection (3) for a special event
(a master temporary visitor licence); or
(b) to carry on 1 or more of the security activities mentioned in
subsection (3) for a special event (an employee temporary
visitor licence).
Examples—special event
a sporting event, an entertainment event
(2) However, a master temporary visitor licensee may only employ or
provide a person to carry on a security activity for a special event if
the person holds an employee licence, a trainer licence, a temporary
licence or an employee temporary visitor licence.
Part 3 Licences
Division 3.2 Kinds of licences
Section 16
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(3) The following are security activities for a temporary visitor licence:
(a) patrol, guard, watch or protect property (including cash in
transit);
(b) guard with a firearm for cash in transit;
(c) guard with a firearm for protecting property;
(d) act as a monitoring centre operator;
(e) guard with a dog;
(f) act as a bodyguard;
(g) act as a security consultant;
(h) act as a crowd controller;
(i) sell security equipment;
(j) carry out surveys and inspections of security equipment;
(k) give advice about security equipment;
(l) install, maintain, monitor, repair or service security equipment.
Note 1 A licence to guard with a firearm does not authorise the licensee to use a
firearm (see s 16).
Note 2 A person must hold an appropriate ACT firearms licence to be eligible to
be granted a licence to guard with a firearm (see s 24).
16 Licences do not authorise use of firearm
A licence does not authorise the licensee to use a firearm.
Note Use of firearms is dealt with in the Firearms Act 1996.
Licences Part 3
Licence applications Division 3.3
Section 17
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Division 3.3 Licence applications
17 Application for licence
(1) A person may apply to the commissioner for fair trading for a licence
or for variation of a licence.
(2) The application must be in writing signed by the applicant.
(3) The application, unless it is for a temporary visitor licence, must be
accompanied by—
(a) a police certificate for the applicant, dated not earlier than 2
months before the day the application is made; and
Note See s 49A (Destruction of fingerprints).
(b) evidence of the applicant’s identity in accordance with the
requirements under the Financial Transaction Reports Act 1988
(Cwlth) that apply in relation to the opening of a bank account;
and
(c) any information prescribed by regulation.
(4) For subsection (3) (a), the police certificate must be verified by the
applicant’s fingerprints if the applicant has not previously given the
commissioner for fair trading a fingerprint-verified police certificate.
(5) An application for a trainer licence or employee temporary visitor
licence, or for variation of such a licence, must state the following:
(a) the licence applied for (including the security activities the
licence is to authorise);
(b) the name and business address of the applicant’s employer or
proposed employer, unless the applicant is self-employed and
holds a master licence or master temporary visitor licence.
(6) An application for an employee licence, or for variation of an
employee licence, must state the licence applied for (including the
security activities the licence is to authorise).
Part 3 Licences
Division 3.4 Information for assessing licence applications
Section 18
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(7) An application for a temporary visitor licence must be made no later
than 5 working days before the commencement of the special event
to which it relates.
Division 3.4 Information for assessing licence
applications
18 Request for further information
(1) The commissioner for fair trading may, by written notice given to an
applicant for a licence, or for variation of a licence, require the
applicant to give the commissioner additional stated information or
documents that the commissioner reasonably needs to decide the
application.
(2) Without limiting subsection (1), if the applicant has lived in a foreign
country as an adult for a continuous period of 1 year or more in the 5
years before the day the application is made, the commissioner may
require the applicant to give the commissioner a certified copy of the
applicant’s criminal history record from that country.
(3) The commissioner need not decide an application unless the applicant
complies with the requirement.
(4) In this section:
criminal history record, of an applicant, means a written report about
the applicant’s criminal history from an entity in a foreign country
that has access to records about the criminal history of people in that
country.
20 Further information from 3rd parties
(1) This section applies in relation to a person (the 3rd party) if the
commissioner for fair trading is satisfied that the 3rd party has an
association or connection with an applicant for a licence, or for
variation of a licence, that is relevant to the application.
Licences Part 3
Suitability and prerequisites for issuing licences Division 3.5
Section 21
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(2) The commissioner for fair trading may, by written notice to the 3rd
party, require the 3rd party to do 1 or more of the following:
(a) provide, in accordance with directions in the notice, stated
information, verified as required by the notice, that is relevant
to the consideration of the application;
(b) produce, in accordance with directions in the notice, stated
records relevant to the consideration of the application and allow
examination of the records, the taking of extracts from them and
the making of copies of them;
(c) authorise a person described in the notice to comply with a stated
requirement of the kind mentioned in paragraph (a) or (b);
(d) give the commissioner for fair trading the authorities and
consents the commissioner asks for to allow the commissioner
to obtain information (including financial and other confidential
information) from other people about the applicant and the
applicant’s associates or relatives.
(3) If the commissioner makes a requirement, the commissioner need not
decide the application until the requirement is complied with.
Division 3.5 Suitability and prerequisites for
issuing licences
21 General suitability criteria
(1) The commissioner for fair trading must not issue or vary a licence
unless—
(a) satisfied—
(i) about the applicant’s identity; and
(ii) that the applicant is eligible to hold the licence; and
Note Eligibility for employee, trainer and employee temporary
visitor licences is dealt with in s 24.
Part 3 Licences
Division 3.5 Suitability and prerequisites for issuing licences
Section 21
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(iii) for a licence other than a temporary visitor licence—that
the applicant has satisfactorily completed a training course,
or has experience or other training that is equivalent, or
substantially equivalent, to completion of a training course,
prescribed by regulation for the licence applied for; and
(iv) for an application for an employee licence to do 1 or more
of the things mentioned in section 13 (1) (a), (b), (c), (d),
(e), (f) or (h)—that an employee organisation has given the
applicant the information prescribed by regulation in
relation to workplace rights and responsibilities
(workplace information); and
(v) that the applicant satisfies any condition prescribed by
regulation for the licence; and
(vi) that it is otherwise in the public interest to issue a licence
to the applicant; and
(vii) for a master temporary visitor licence—that the applicant
holds a full licence (however described) under the law of a
State to employ or provide a person to carry on the activity
authorised under the licence; and
(viii) for an employee temporary visitor licence—that the
applicant holds a full licence (however described) under
the law of a State to do the activity authorised under the
licence; and
(b) the applicant—
(i) if the applicant is an individual—is an adult; and
(ii) if competency standards are prescribed under the
regulations—has satisfied the standards.
Licences Part 3
Suitability and prerequisites for issuing licences Division 3.5
Section 21
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(2) Also, the commissioner for fair trading must not issue or vary a
licence if—
(a) within the 10 years before the day the application is made, the
applicant has been convicted of 1 or more of the offences
mentioned in subsection (3), in the ACT or elsewhere; or
(b) within the 5 years before the day the application is made, the
applicant has been found guilty (but not convicted) of 1 or more
of the offences mentioned in subsection (3), in the ACT or
elsewhere.
(3) The offences are as follows:
(a) if the stated circumstances apply—an offence involving assault,
violence against a person, dishonesty or theft;
(b) if the stated circumstances apply—an offence relating to the
possession, storage or use of a firearm or other weapon;
(c) if the stated circumstances apply—an offence, other than for
possession, involving a controlled drug, controlled plant or
controlled precursor within the meaning of the Criminal Code;
(d) an offence involving robbery;
(e) an offence against the Commonwealth Criminal Code, part 5.3
(Terrorism);
(f) an offence committed outside the ACT involving terrorism that
is an offence against a law of the place where the offence is
committed.
(4) This section is subject to section 26 (Temporary licences).
(5) In this section:
applicant—
(a) for an application for a master licence or master temporary
visitor licence—includes a close associate of the applicant; and
Part 3 Licences
Division 3.5 Suitability and prerequisites for issuing licences
Section 22
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(b) if the applicant is a corporation—includes each executive officer
of the corporation; and
(c) if the applicant is a partnership—includes each partner.
close associate—see section 22.
executive officer, of a corporation, means a person, by whatever
name called and whether or not the person is a director of the
corporation, who is concerned with, or takes part in, the corporation’s
management.
stated circumstances, for an offence for which an applicant has been
convicted, means that—
(a) a penalty is imposed on the applicant for the offence; and
(b) the penalty is imprisonment, a fine of $500 or more, or both.
22 Meaning of close associate for s 21
(1) In section 21:
close associate, of a person (the relevant person), means—
(a) a person who—
(i) holds or will hold a financial interest, or is or will be
entitled to exercise a relevant power, in the relevant
person’s business; and
(ii) the commissioner for fair trading is satisfied, is or will be
able to exercise a significant influence in relation to the
conduct of the business because of the interest or power; or
(b) a person who holds or will hold an executive office in the
relevant person’s business.
Licences Part 3
Suitability and prerequisites for issuing licences Division 3.5
Section 23
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(2) In this section:
executive office, in a business, means a position (however described)
in which the person is concerned with, or takes part in, the
management of the business.
exercise a power includes exercise the power on behalf of someone
else.
financial interest, in relation to a business, means—
(a) a share in the capital of the business; or
(b) an entitlement to receive income derived from the business,
however the entitlement arises.
hold a position includes hold the position on behalf of someone else.
power means a power exercisable—
(a) by voting or otherwise; and
(b) alone or with others.
relevant power, in relation to a business, means a power—
(a) to take part in a directorial, managerial or executive decision for
the business; or
(b) to elect or appoint a person to an executive office in the business.
23 Public interest
(1) In deciding whether it is in the public interest to issue a licence to an
applicant, the commissioner for fair trading must consider whether
the applicant has—
(a) committed a relevant offence, whether or not the applicant has
been convicted of the offence; or
Part 3 Licences
Division 3.5 Suitability and prerequisites for issuing licences
Section 24
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(b) been convicted or found guilty of any other offence (other than
an offence mentioned in section 21 (3)) that the commissioner
believes on reasonable grounds affects the person’s suitability
to hold a licence.
Example—par (b)
an offence involving violence against an animal
(2) The commissioner for fair trading may consider any other relevant
matter to decide whether it is in the public interest to issue a licence
to an applicant.
Examples—matters to be considered
1 a police certificate accompanying an application under s 17 (3)
2 information collected under s 20
3 if an applicant mentioned in s 18 (2) failed to give the commissioner a certified
copy of the applicant’s criminal history record from a foreign country as
requested by the commissioner, and the applicant has not given the
commissioner any other information or documents about the applicant’s
probity
4 if the applicant has been subject to a final order under the Family Violence
Act 2016 or Personal Violence Act 2016
24 Eligibility for employee, trainer and employee temporary
visitor licences
(1) A person is eligible to hold a trainer or employee temporary visitor
licence only if the person is an individual who—
(a) is employed by someone who holds a master licence or master
temporary visitor licence; or
(b) is self-employed and holds a master licence or master temporary
visitor licence.
(2) A person is eligible to hold an employee or employee temporary
visitor licence to guard with a firearm only if the person satisfies the
commissioner that he or she holds an appropriate ACT firearms
licence.
Licences Part 3
Decisions on applications Division 3.6
Section 25
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Division 3.6 Decisions on applications
25 Decision on application for licence other than temporary
licence
(1) On application for a licence other than a temporary licence, the
commissioner for fair trading must—
(a) issue the licence; or
(b) refuse to issue the licence.
(2) The commissioner for fair trading may issue the licence subject to
conditions.
Note The ACAT may also direct the commissioner for fair trading to place a
condition on a person’s licence (see ACT Civil and Administrative
Tribunal Act 2008, s 66 (2) (g) (i)).
(3) The commissioner for fair trading must not issue a licence unless—
(a) 1 or more classes are endorsed on the licence; and
(b) if the licence is an employee licence or an employee temporary
visitor licence—1 or more subclasses are endorsed on the
licence.
26 Temporary licences
(1) This section applies to an applicant if the applicant—
(a) is a trainee; and
(b) is not eligible for a licence only because either or both of the
following apply:
(i) the applicant is not an adult;
(ii) the commissioner is not satisfied under section 21 (1) (a)
(iii) (which deals with approved training courses or
equivalent) in relation to the applicant.
Part 3 Licences
Division 3.7 Form and term of licences
Section 27
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(2) The commissioner for fair trading may issue a temporary licence to
the applicant if satisfied that the applicant will be under the direct
supervision of a licensee authorised to carry on the security activities
the temporary licensee is authorised to carry on.
(3) The commissioner for fair trading may issue the licence subject to
conditions.
(4) A temporary licence may be issued for up to 1 year.
(5) In this section:
trainee means a person undertaking training under an approved
training contract under the Training and Tertiary Education Act 2003.
27 Decision on application for variation
On application for a variation to a licence, the commissioner for fair
trading must—
(a) vary the licence; or
(b) refuse to vary the licence.
Division 3.7 Form and term of licences
28 Form of licence
A licence must—
(a) be signed by the licensee; and
(b) state the licence class or, if the licence authorises the licensee to
carry on an activity in more than 1 subclass, each subclass, of
licence; and
(c) have a unique identifying number (the licence number); and
(d) contain anything else prescribed under the regulations.
Licences Part 3
Cancellation, suspension and surrender of licence Division 3.7A
Section 29
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29 Term of licence
(1) A licence is issued for the period (not longer than 3 years) decided by
the commissioner and stated in the licence.
(2) A temporary visitor licence is issued for the period (stated in the
licence) of the special event to which it relates.
Division 3.7A Cancellation, suspension and
surrender of licence
29AA Disclosure of disqualifying offences
(1) A licensee must notify the commissioner for fair trading, in writing,
if the licensee is convicted or found guilty of an offence mentioned in
section 21 (3) (General suitability criteria) during the term of the
licence.
(2) A licensee commits an offence if the licensee fails to give notice in
accordance with subsection (1) within 14 days after the day the
licensee becomes aware of the conviction or finding of guilt.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
29A Commissioner must cancel licence
(1) This section applies if a licensee is convicted or found guilty of an
offence mentioned in section 21 (3) (General suitability criteria)
during the term of the licence.
(2) The commissioner for fair trading must cancel the licence.
Note The commissioner must give notice of the decision to the licensee (see
s 36A).
Part 3 Licences
Division 3.7A Cancellation, suspension and surrender of licence
Section 29B
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29B Immediate suspension of licence
(1) This section applies if—
(a) the commissioner for fair trading applies, or intends to apply, to
the ACAT for an occupational discipline order in relation to a
licensee; and
(b) having regard to the reasons for the application, the
commissioner believes on reasonable grounds that the licence
should be suspended immediately in the interests of public
safety.
(2) The commissioner for fair trading must give the licensee a written
notice (the immediate suspension notice) suspending the licence.
Note See also s 36A (Reviewable decision notices).
(3) The suspension of a licence under this section takes effect when the
immediate suspension notice is given to the licensee.
(4) The suspension of a licence under this section ends—
(a) if the ACAT makes an occupational discipline order in relation
to the licensee—when the order takes effect, or 60 days after the
day the immediate suspension notice is given to the licensee,
whichever is the earlier; or
(b) if the ACAT does not make an occupational discipline order in
relation to the licensee—when the licensee is given written
notice of the tribunal’s decision not to make an order, or 60 days
after the day the immediate suspension notice is given to the
licensee, whichever is the earlier.
Note The ACAT may make interim orders extending the suspension of a
licence (see ACT Civil and Administrative Tribunal Act 2008, s 53).
Licences Part 3
Occupational discipline—licensees Division 3.8
Section 29C
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29C Surrender of licence
(1) A licensee may surrender the licence by giving the commissioner for
fair trading—
(a) written notice that the licence is being surrendered; and
(b) if the licensee has not already given the commissioner the
licence—the licence.
Note A licensee may have already given the licence to the commissioner after
it was varied or suspended (see s 39).
(2) The licence is cancelled on the day stated by the commissioner after
receiving the written notice and the licence.
(3) The commissioner must tell the former licensee in writing the day on
which the licence is cancelled.
(4) A licence that is suspended may be surrendered under this section.
Division 3.8 Occupational discipline—licensees
30 Grounds for occupational discipline
(1) Each of the following is a ground for occupational discipline in
relation to a licensee:
(a) the licensee gave information in relation to the application for
the licence that was false or misleading in a material particular;
(b) the licensee is not eligible to apply for, or be issued with, a
licence of the class the licensee holds;
(c) the licensee has contravened, or is contravening, this Act,
whether or not the licensee has been convicted of an offence for
the contravention;
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations
(see Legislation Act, s 104).
Part 3 Licences
Division 3.9 Register
Section 31
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(d) the licensee has contravened, or is contravening, a condition of
the licence;
(e) the licensee has committed a relevant offence, whether or not
the licensee has been convicted of the offence;
Note Relevant offence—see the dictionary.
(f) it is not otherwise in the public interest for the licensee to be
licensed;
(g) another ground prescribed by regulation.
Example—when licensee no longer eligible—par (b)
if the licensee were to apply for the licence the licensee holds, the licensee would
not satisfy the competency standards prescribed by regulation for the licence
(2) A ground for occupational discipline applies to a licensee who is no
longer licensed if the ground applied to the licensee while licensed.
31 Commissioner may apply to ACAT for occupational
discipline
If the commissioner for fair trading believes on reasonable grounds
that a ground for occupational discipline exists in relation to a
licensee, the commissioner may apply to the ACAT for an
occupational discipline order in relation to the licensee.
Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out
occupational discipline orders the ACAT may make.
Division 3.9 Register
34 Register of licences
(1) The commissioner for fair trading must keep a register of licences
under this Act.
(2) The register must be available for public inspection at reasonable
times.
Licences Part 3
Notification and review of decisions Division 3.10
Section 35
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35 Keeping register
(1) The register may include information about licences given to the
commissioner for fair trading under this Act and any other
information the commissioner considers appropriate.
(2) The register may be kept in the form of, or as part of, 1 or more
computer databases or in any form the commissioner for fair trading
considers appropriate.
(3) The commissioner for fair trading may correct any mistake, error or
omission in the register subject to the requirements (if any) of the
regulations.
(4) The commissioner may change a detail included in the register to
keep the register up-to-date.
(5) This section does not limit the functions of the commissioner for fair
trading in relation to the register.
Division 3.10 Notification and review of decisions
36 Meaning of reviewable decision—div 3.10
In this division:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
36A Reviewable decision notices
If a person makes a reviewable decision, the person must give a
reviewable decision notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note The person must also take reasonable steps to give a reviewable decision
notice to any other person whose interests are affected by the decision
(see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Part 3 Licences
Division 3.10 Notification and review of decisions
Section 37
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37 Applications for review
The following may apply to the ACAT for a review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Other offences Part 4
Section 38
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Part 4 Other offences
38 Contravention of licence conditions
(1) A licensee commits an offence if the licensee contravenes a condition
of the licence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability offence.
39 Return etc of licences varied, suspended or cancelled
(1) This section applies to a person whose licence is varied, suspended or
cancelled under this Act.
(2) The person commits an offence if the person fails to return the licence
to the commissioner for fair trading as soon as practicable (but within
5 business days) after the variation, suspension or cancellation takes
effect.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
(4) If a licence is varied, the commissioner for fair trading must give the
person a varied licence, showing the variation, for the remainder of
the period of the licence to which the variation relates.
40 Advertising
(1) A person commits an offence if—
(a) the person advertises that the person carries on, or is willing to
carry on, a security activity; and
(b) the person is not the holder of a licence that authorises the person
to carry on the security activity mentioned in the advertisement.
Maximum penalty: 30 penalty units.
Part 4 Other offences
Section 41
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(2) An offence against this section is a strict liability offence.
(3) In this section:
advertisement includes a business card, brochure, newsletter or form.
41 Licence to be produced on request
(1) A licensee commits an offence if—
(a) the licensee is asked to produce the licensee’s licence for
inspection by—
(i) a police officer; or
(ii) an investigator; or
(iii) anyone with whom the licensee has dealings when carrying
on a security activity; and
(b) the licensee does not produce the licence for inspection.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) (a) (iii) does not apply to a licensee if—
(a) a regulation requires the licensee to wear another form of
identification while carrying on the security activity; and
(b) the licensee wears the other form of identification while carrying
on the security activity.
(4) In this section:
investigator—see the Fair Trading (Australian Consumer Law)
Act 1992, dictionary.
Other offences Part 4
Section 42
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42 Wearing of licences etc
(1) A person commits an offence if the person—
(a) holds an employee licence or an employee temporary visitor
licence; and
(b) carries out any of the following security activities:
(i) patrol, guard, watch or protect property (including cash in
transit);
(ii) guard with a firearm for cash in transit;
(iii) guard with a firearm for protecting property;
(iv) guard with a dog;
(v) act as a bodyguard;
(vi) act as a crowd controller; and
(c) does not wear the licence so the licence number is clearly
visible.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) holds an employee licence or an employee temporary visitor
licence; and
(b) carries out any of the following security activities:
(i) act as a monitoring centre operator;
(ii) act as a security consultant;
(iii) sell security equipment;
(iv) carry out surveys and inspections of security equipment;
(v) give advice about security equipment;
Part 4 Other offences
Section 42A
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(vi) install, maintain, monitor, repair or service security
equipment; and
(c) either—
(i) does not carry the licence; or
(ii) fails to produce it for inspection on demand by a person in
relation to whom the person is carrying out the activities.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply to—
(a) a person carrying on a security activity if—
(i) a regulation requires the person to wear another form of
identification while carrying on the security activity; and
(ii) the person wears the other form of identification while
carrying on the security activity; or
(b) a licensee if the commissioner for fair trading has exempted the
licensee under section 42A.
(5) In this section:
security consultant—see section 13 (2).
42A Exemption for wearing of licences etc
(1) On application by a licensee, the commissioner for fair trading may,
in writing, exempt a licensee from a provision of section 42 if
satisfied that it is appropriate to exempt the licensee because of the
special nature of the licensee’s functions.
(2) An exemption under subsection (1) may be subject to conditions.
Other offences Part 4
Section 43
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(3) A licensee commits an offence if the licensee contravenes a condition
of the exemption.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
43 Licensee not to dispose of licence etc
(1) A licensee commits an offence if the licensee—
(a) gives the licence, temporarily or permanently, to anyone; or
(b) allows anyone else to use the licence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if the licensee gives the licence to the
commissioner for fair trading.
44 Prohibition on delegation etc of functions
(1) A licensee commits an offence if the licensee—
(a) either—
(i) delegates the carrying on of a security activity to a person;
or
(ii) purports to authorise a person to carry on a security
activity; and
(b) the delegate or person authorised is not licensed to carry on the
security activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability offence.
Part 4 Other offences
Section 45
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45 Master licensee not to employ unlicensed people
(1) A person who holds a master licence or master temporary visitor
licence commits an offence if—
(a) the person employs a person to carry on a security activity; and
(b) the employee is not licensed to carry on the security activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability offence.
Miscellaneous provisions Part 5
Section 46
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Part 5 Miscellaneous provisions
46 Directions to master licensees about insurance etc
(1) The Minister may give directions to master licensees or master
temporary visitor licensees about the taking out of insurance, or the
adoption of risk management plans.
(2) A direction is a disallowable instrument.
47 Licensee to keep commissioner informed
(1) A licensee commits an offence if—
(a) a detail included in the licence, or in the application for the
licence, changes; and
(b) the licensee does not tell the commissioner for fair trading about
the change as soon as practicable after the licensee becomes
aware of the change.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
48 Fees charged by unlicensed people
(1) A person is not entitled to charge a fee in relation to a security activity
unless the person is, or was, authorised to carry on the activity by a
licence.
(2) If a person charges a fee in contravention of this section, the fee
cannot be sued for, recovered or kept by the person.
Part 5 Miscellaneous provisions
Section 49
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49 Certificates as evidence
(1) This section applies to a certificate signed by the commissioner for
fair trading (or by a person holding an office prescribed by the
regulations) certifying any of the following:
(a) that a stated person was or was not, on a stated day or during a
stated period, the holder of a licence;
(b) that a licence was or was not, on a stated day or during a stated
period, subject to stated conditions.
(2) The certificate is admissible in any proceeding under this Act and is
evidence of the matters stated in it.
49A Destruction of fingerprints
(1) If an image of a person’s fingerprints is taken by a public servant for
section 17 (3) (a), the commissioner for fair trading must—
(a) ensure that a copy of the image is given to the person; and
(b) ensure that the image, and any copy not given to the person, is
destroyed; and
(c) tell the person in writing about the destruction.
(2) If an image of a person’s fingerprints is taken by a police officer for
section 17 (3) (a), the chief police officer must—
(a) ensure that a copy of the image is given to the person; and
(b) ensure that the image, and any copy not given to the person, is
destroyed; and
(c) tell the person in writing about the destruction.
50 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
Miscellaneous provisions Part 5
Section 51
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51 Approved forms
(1) The commissioner for fair trading may approve forms for this Act.
(2) If the commissioner for fair trading approves a form for a particular
purpose, the approved form must be used for that purpose.
(3) An approved form is a notifiable instrument.
52 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) The regulations may make provision in relation to the following:
(a) the keeping by the commissioner for fair trading of a register of
licences and the particulars to be included in the register;
(b) the accreditation of trainers and instructors to conduct training
courses prescribed under the regulations;
(c) security equipment;
(d) methods and practices in relation to the security industry,
including, for example, the following:
(i) the carrying or display, by licensees, of means of
identification and the production or surrender of that
identification; and
(ii) the wearing by licensees of uniforms, and the kinds of
uniforms; and
(iii) the markings that may be made on, and the design of any
features of, a vehicle used by any person in or in relation
to the carrying on of a security activity; and
(iv) the preparation, keeping and maintenance, by licensees, of
records and accounts, and the audit of accounts, in relation
to the carrying on by the licensee of any business requiring
a licence and the production and inspection of the records
and accounts;
Part 5 Miscellaneous provisions
Section 52
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(e) the procedure relating to applications for licences;
(f) anything relating to licences, including—
(i) qualifications and conditions for licences; and
Example
membership of a trade or industry association
(ii) the giving of workplace information;
(iii) details to be included on licences; and
(iv) notification by licensees of any change in the details;
(g) requiring holders of master licences or master temporary visitor
licences to obtain stated insurance in relation to their security
business.
(3) The regulations may prescribe standards, or adopt or incorporate
standards as in force from time to time, in relation to the security
industry, including in relation to the following:
(a) agreements for service in the security industry;
(b) service quality;
(c) confidentiality of personal information;
(d) equipment standards;
(e) advertising;
(f) marketing practices;
(g) reports about security incidents in relation to licensees.
(4) The regulations may prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than
20 penalty units for offences against the regulations.
Reviewable decisions Schedule 1
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Schedule 1 Reviewable decisions
(see div 3.10)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 25 issue licence other than
temporary licence
subject to condition
applicant for licence
2 25 refuse to issue licence
other than temporary
licence
applicant for licence
3 26 issue temporary licence
subject to condition
applicant for licence
4 26 refuse to issue
temporary licence
applicant for licence
5 27 refuse to vary licence licensee
6 29A cancel licence licensee
7 29B suspend licence
immediately
licensee
8 42A refuse to exempt
licensee from a
provision of s 42
licensee
9 42A exempt licensee from a
provision of s 42
subject to condition
licensee
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• Australian Criminal Intelligence Commission
• commissioner for fair trading
• Commonwealth Criminal Code
• contravene
• Criminal Code
• exercise
• foreign country
• found guilty
• function
• occupational discipline order
• police officer
• public servant
• reviewable decision notice
• working day.
close associate—see section 22.
criminal intelligence, for part 2A (Criminal intelligence)—see
section 9A.
employee licence—see section 13.
employee organisation means an organisation of employees
registered under the Fair Work (Registered Organisations) Act 2009
(Cwlth).
Note A reference to a law (including a Cwlth Act) includes a reference to the
Act as originally made and as amended (see Legislation Act, s 102).
employee temporary visitor licence—see section 15A.
Dictionary
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ground for occupational discipline—see section 30.
licence means a licence under this Act.
licence number—see section 28 (c).
licensee means the holder of a licence.
maintain, confidentiality of information, for part 2A (Criminal
intelligence)—see section 9A.
master licence—see section 12.
master temporary visitor licence—see section 15A.
police certificate, for a person, means a written statement by the
Australian Federal Police or a police force of a State or Territory
indicating—
(a) whether, according to the records held by that entity or another
entity (for example, the Australian Criminal Intelligence
Commission), the person has been charged with, or convicted
of, an offence against a law of—
(i) the Territory; or
(ii) the Commonwealth; or
(iii) a State; or
(iv) another country; and
(b) if so—particulars of each offence.
property includes money and other valuables.
relevant offence means an offence (other than an offence mentioned
in section 21 (3)) against—
(a) this Act; or
(b) any of the following Acts:
(i) the Criminal Code;
(ii) the Crimes Act 1900;
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(iii) the Firearms Act 1996;
(iv) the Crimes Act 1914 (Cwlth); or
(c) a law of the Commonwealth or a State corresponding, or
substantially corresponding, to this Act or an Act mentioned in
paragraph (b).
reviewable decision, for division 3.10 (Notification and review of
decisions)—see section 36.
security activity—see section 7.
security business—see section 6.
security equipment—see section 8.
temporary licence—see section 15.
temporary visitor licence—see section 15A.
trainer licence—see section 14.
variation, of a licence, means variation of the kind of security activity
authorised by the licence.
workplace information—see section 21 (1) (a) (iv).
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Security Industry Act 2003 A2003-4
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
remainder commenced 3 September 2003 (s 2 and LA s 79)
as amended by
Justice and Community Safety Legislation Amendment Act 2004
A2004-18 pt 11
notified LR 6 April 2004
s 1, s 2 commenced 6 April 2004 (LA s 75 (1))
pt 11 commenced 20 April 2004 (s 2)
Justice and Community Safety Legislation Amendment Act 2004
(No 2) A2004-32 pt 15
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 15 commenced 13 July 2004 (s 2 (3))
Justice and Community Safety Legislation Amendment Act 2005
A2005-5 pt 11
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 11 commenced 24 February 2005 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2006
A2006-40 sch 1 pt 1.14
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 1 pt 1.14 commenced 19 October 2006 (s 2 (3))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.94
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.94 commenced 12 April 2007 (s 2 (1))
Endnotes
Legislation history 3
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Training and Tertiary Education Legislation Amendment Act 2007
A2007-12 sch 1 pt 1.11
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 July 2007 (s 2 and CN2007-3)
Regulatory Services Legislation Amendment Act 2008 A2008-5 pt 8
notified LR 15 April 2008
s 1, s 2 commenced 15 April 2008 (LA s 75 (1))
pt 8 commenced 1 July 2008 (s 2 and CN2008-7)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.47
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.47 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Security Industry Amendment Act 2010 A2010-33 pt 2
notified LR 2 September 2010
s 1, s 2 commenced 2 September 2010 (LA s 75 (1))
pt 2 commenced 1 January 2011 (s 2 and CN2010-17)
Justice and Community Safety Legislation Amendment Act 2010
(No 4) A2010-50 sch 1 pt 1.9
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.9 commenced 14 June 2011 (s 2 (2) and LA s 79)
Fair Trading (Australian Consumer Law) Amendment Act 2010
A2010-54 sch 3 pt 3.24
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.24 commenced 1 January 2011 (s 2 (1))
Security Industry Amendment Act 2011 A2011-37 pt 2
notified LR 27 September 2011
s 1, s 2 commenced 27 September 2011 (LA s 75 (1))
pt 2 commenced 27 September 2012 (s 2 (2))
Endnotes
3 Legislation history
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Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.44
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
amdt 3.177, amdt 3.178 commenced 27 September 2012 (s 2 and see
Security Industry Amendment Act 2011 A2011-37 s 2 (2))
sch 3 pt 3.44 remainder commenced 5 June 2012 (s 2 (1))
Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 16
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 16 commenced 7 November 2014 (s 2)
Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1
pt 1.16
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
sch 1 pt 1.16 commenced 20 November 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016-18
sch 4 pt 4.9
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 4 pt 4.9 commenced 27 April 2016 (s 2)
Justice and Community Safety Legislation Amendment Act 2016
A2016-37 sch 1 pt 1.17
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))
sch 1 pt 1.17 commenced 29 June 2016 (s 2)
Family Violence Act 2016 A2016-42 sch 3 pt 3.20 (as am by A2017-10
s 7)
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
sch 3 pt 3.20 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.31
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.31 commenced 9 March 2017 (s 2)
Endnotes
Legislation history 3
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Family and Personal Violence Legislation Amendment Act 2017
A2017-10 s 7
notified LR 6 April 2017
s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
s 7 commenced 30 April 2017 (s 2 (1))
Note This Act only amends the Family Violence Act 2016
A2016-42.
Justice and Community Safety Legislation Amendment Act 2023
A2023-13 pt 10
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
pt 10 commenced 12 April 2023 (s 2)
Justice and Community Safety Legislation Amendment Act 2024
A2024-49 pt 11
notified LR 17 September 2024
s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))
pt 11 commenced 18 September 2024 (s 2 (4))
Better Regulation Legislation Amendment Act 2025 A2025-13 pt 10
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 10 commenced 9 June 2025 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.84, sch 4
pt 4.163
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.84, sch 4 pt 4.163 commenced 26 November 2025 (s 2 (3),
(9))
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Interpretation and application of Act
pt 2 hdg reloc A2017-4 amdt 3.190
Carrying on security activity
s 7 am A2010-50 amdt 1.17; pars renum R13 LA
Meaning of security equipment
s 8 am A2016-37 amdt 1.35
Criminal intelligence
pt 2A hdg ins A2011-37 s 4
Definitions—pt 2A
s 9A ins A2011-37 s 4
def criminal intelligence ins A2011-37 s 4
def maintain ins A2011-37 s 4
Disclosure of criminal intelligence—chief police officer
s 9B ins A2011-37 s 4
Disclosure of criminal intelligence—commissioner for fair trading and ACAT
s 9C ins A2011-37 s 4
Whether information is criminal intelligence—application and decision
s 9D ins A2011-37 s 4
Appeal—applicant may withdraw information
s 9E ins A2011-37 s 4
Confidentiality of criminal intelligence—commissioner for fair trading and
ACAT
s 9F ins A2011-37 s 4
Confidentiality of criminal intelligence—courts
s 9G ins A2011-37 s 4
Delegation by chief police officer
s 9H ins A2011-37 s 4
Classes of licences
s 11 am A2010-50 amdt 1.18
Master licences
s 12 am A2010-50 amdt 1.19
Employee licences
s 13 am A2010-50 amdt 1.20, amdt 1.21; pars renum R13 LA
Endnotes
Amendment history 4
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Temporary visitor licence
s 15A ins A2010-50 amdt 1.22
Application for licence
s 17 am A2010-50 amdts 1.23-1.26; A2011-37 s 5; ss renum R15
LA; A2016-18 amdt 4.13, amdt 4.14; ss renum R22 LA;
A2025-29 amdt 4.164
Request for further information
s 18 am A2011-37 s 6, s 7; ss renum R15 LA
Request for fingerprints
s 19 om A2011-37 s 8
General suitability criteria
s 21 am A2004-32 s 95, s 96; A2010-33 s 4; pars renum R12 LA;
A2010-50 amdts 1.27-1.31; A2011-37 ss 9-11; ss renum
R15 LA; A2025-29 amdt 3.309, amdt 3.310
Review of workplace information criterion
s 21A ins A2010-33 s 5
am A2011-37 s 12
exp 1 January 2013 (s 21A (2))
Public interest
s 23 am A2008-5 s 60
sub A2011-37 s 13
am A2016-42 amdt 3.92
Eligibility for employee, trainer and employee temporary visitor licences
s 24 sub A2010-50 amdt 1.32; A2016-18 amdt 4.15
Decision on application for licence other than temporary licence
s 25 am A2008-36 amdt 1.610; A2010-50 amdt 1.33
Temporary licences
s 26 am A2007-12 amdt 1.17; A2011-37 s 14; A2014-48 amdt 1.33;
A2025-29 amdt 4.164
Term of licence
s 29 am A2010-50 amdt 1.34; A2011-37 s 15
Cancellation, suspension and surrender of licence
div 3.7A hdg ins A2011-37 s 16
sub A2025-13 s 27
Disclosure of disqualifying offences
s 29AA ins A2024-49 s 21
Commissioner must cancel licence
s 29A ins A2011-37 s 16
Endnotes
4 Amendment history
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Immediate suspension of licence
s 29B ins A2011-37 s 16
am A2023-13 s 25, s 26
Surrender of licence
s 29C ins A2025-13 s 28
Occupational discipline—licensees
div 3.8 hdg sub A2008-36 amdt 1.611
Grounds for occupational discipline
s 30 sub A2008-36 amdt 1.611
Commissioner may apply to ACAT for occupational discipline
s 31 sub A2008-36 amdt 1.611
Action tribunal may take
s 32 om A2008-36 amdt 1.611
Effect of suspension
s 33 om A2008-36 amdt 1.611
Notification and review of decisions
div 3.10 hdg sub A2008-36 amdt 1.612
Meaning of reviewable decision—div 3.10
s 36 am A2006-40 amdt 1.38
sub A2008-36 amdt 1.612
Reviewable decision notices
s 36A ins A2008-36 amdt 1.612
am A2025-29 amdt 4.164
Applications for review
s 37 sub A2004-18 s 33
am A2006-40 amdt 1.39
sub A2008-36 amdt 1.612
am A2025-29 amdt 4.164
Advertising
s 40 am A2014-47 s 30
Licence to be produced on request
s 41 sub A2005-5 s 40
am A2007-3 amdt 3.476; A2010-54 amdt 3.57
Wearing of licences etc
s 42 sub A2005-5 s 40; A2006-40 amdt 1.40
am A2010-50 amdts 1.35-1.38; pars renum R13 LA
Exemption for wearing of licences etc
s 42A ins A2006-40 amdt 1.40
Endnotes
Amendment history 4
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Master licensee not to employ unlicensed people
s 45 am A2010-50 amdt 1.39
Directions to master licensees about insurance etc
s 46 am A2010-50 amdt 1.40; A2012-21 amdt 3.175; A2025-29
amdt 4.164
Destruction of fingerprints
s 49A ins A2011-37 s 17
Determination of fees
s 50 am A2012-21 amdt 3.176; A2025-29 amdt 4.164
Approved forms
s 51 am A2012-21 amdt 3.176; A2025-29 amdt 4.164
Regulation-making power
s 52 hdg sub A2004-32 s 97
s 52 am A2004-32 s 98; A2010-33 s 6; pars renum R12 LA;
A2010-50 amdt 1.41; A2025-29 amdt 4.164
Consequential amendments—sch 1
s 53 om LA s 89 (3)
Transitional provisions
pt 6 hdg exp 3 September 2006 (s 62)
Definitions for pt 6
s 54 exp 3 September 2006 (s 62)
All codes—principal
s 55 exp 3 September 2006 (s 62)
ACI code—employee
s 56 exp 3 September 2006 (s 62)
BI code—employee
s 57 exp 3 September 2006 (s 62)
CMI code—employee
s 58 exp 3 September 2006 (s 62)
CTI code, GPSI code—employee
s 59 exp 3 September 2006 (s 62)
People taken to be licensed under pt 6
s 60 exp 3 September 2006 (s 62)
Modification of pt 6’s operation
s 61 exp 3 September 2004 (s 61 (2))
Expiry of pt 6
s 62 exp 3 September 2006 (s 62)
Endnotes
4 Amendment history
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Transitional—Justice and Community Safety Legislation Amendment
Act 2010 (No 4)
pt 7 hdg ins A2010-50 amdt 1.42
exp 14 June 2014 (s 71)
Transitional—training
s 70 ins A2010-50 amdt 1.42
exp 14 June 2014 (s 71)
Expiry—pt 7
s 71 ins A2010-50 amdt 1.42
exp 14 June 2014 (s 71)
Transitional—Security Industry Amendment Act 2011
pt 8 hdg ins A2011-37 s 18
exp 27 September 2015 (s 82)
Cancellation of licence by commissioner
s 80 ins A2011-37 s 18
exp 27 September 2015 (s 82)
Transitional regulations
s 81 ins A2011-37 s 18
exp 27 September 2014 (s 81 (4))
Expiry—pt 8
s 82 ins A2011-37 s 18
exp 27 September 2015 (s 82)
Reviewable decisions
sch 1 om LA s 89 (3)
ins A2008-36 amdt 1.613
am A2011-37 s 19; items renum R15 LA
Dictionary
dict am A2008-36 amdt 1.614; A2010-33 s 7; A2010-50 amdt 1.43;
A2011-37 s 20; A2012-21 amdt 3.177; A2017-4 amdt 3.191,
amdt 3.192; A2025-29 amdt 3.311
def criminal intelligence ins A2011-37 s 21
def employee organisation ins A2010-33 s 8
def employee temporary visitor licence ins A2010-50
amdt 1.44
def ground for occupational discipline ins A2008-36
amdt 1.615
def grounds for disciplinary action om A2008-36
amdt 1.615
def maintain ins A2011-37 s 21
def master temporary visitor licence ins A2010-50
amdt 1.44
Endnotes
Amendment history 4
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def police certificate ins A2008-5 s 61
sub A2011-37 s 22
am A2012-21 amdt 3.178; A2017-4 amdt 3.193
def relevant offence am A2011-37 s 23
def reviewable decision ins A2008-36 amdt 1.615
def temporary visitor licence ins A2010-50 amdt 1.44
def workplace information ins A2010-33 s 9
am A2011-37 s 24
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk () in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 not amended 3 September 2003
2 A2004-18 20 April 2004
3 A2004-32 13 July 2004
4 A2004-32 4 September 2004
5 A2005-5 24 February 2005
6 A2005-5 4 September 2006
7 A2006-40 19 October 2006
8 A2007-3 12 April 2007
9 A2007-12 1 July 2007
10 A2008-5 1 July 2008
11 A2008-36 2 February 2009
12 A2010-54 1 January 2011
13 A2010-54 14 June 2011
14 A2012-21 5 June 2012
15 A2012-21 27 September 2012
16 A2012-21 2 January 2013
17 A2012-21 15 June 2014
18 A2012-21 28 September 2014
19 A2014-47 7 November 2014
20 A2014-48 20 November 2014