This Regulation operationalises the Security Industry Act 1997 by defining what counts as security equipment and activities, setting detailed application, fee and renewal rules, tiered master-licence conditions, recordkeeping/insurance standards, technical requirements (e.g. cash-in-transit vehicles), offences and penalties, and many exemptions.
It mainly affects licence applicants and master licence-holders—security firms, installers and employers using security services—shifting compliance costs (fees, fingerprints, insurance, registers) to them while giving the Commissioner wide administrative discretion and enforcement powers.
The Security Industry Regulation 2016 (the Regulation) is subordinate legislation made under the Security Industry Act 1997 (the Act). Its primary function is to prescribe the machinery that gives practical effect to the licensing regime established by the Act. Clause 1 simply names the instrument. Clause 2 provides that it commenced on 1 September 2016 and repealed the Security Industry Regulation 2007.
Part 1 contains preliminary definitions and declaratory provisions. Clause 3 defines key terms including “acts as a private investigator” (expressly including similar capacities for Sch 1 purposes), “Australian Business Number”, “qualified accountant” (listing specific professional memberships), “Security Licensing and Enforcement Directorate” (SLED) within NSW Police Force, and “the Act”. Clause 4 declares that certain vehicle immobilisers, alarms and intruder alarm systems complying with named Australian/New Zealand Standards are not “security equipment” for the purposes of s 3(1) of the Act. Clause 5 prescribes additional “security activities” under s 4(1)(p) of the Act: non-approved manipulation of security equipment, general locksmithing, and offering to sell/install/maintain/repair/service or advise on security equipment (all attracting a class 2C licence). Clause 5A, inserted in 2022, declares that health screening (including venue entry screening) is not a security activity. Clause 6 defines “basic household or automotive security item” for the s 4(2) exemption, capturing owner-installable household items, anti-theft vehicle devices, and items approved by the Commissioner. Clause 7 empowers the Commissioner to grant exemptions from the class 2A (Security Consultant) licence requirement in limited cases (applicant must be a person who would otherwise be refused under s 15(1)(d) but possesses specialised skills not available in Australia) and sets a $1,000 application fee; it also applies the exemptions listed in Sch 1.
Current sections
Direct links to the current provisions in Security Industry Regulation 2016.
(a) a Certified Practising Accountant member of CPA Australia, New South Wales Division, or
(b) a member of Chartered Accountants Australia and New Zealand, New South Wales Branch, who holds a Certificate of Public Practice issued by that organisation, or
(c) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by the Institute.
Security Licensing and Enforcement Directorate means the Security Licensing and Enforcement Directorate within the NSW Police Force.
For the purposes of the definition of security equipment in section 3 (1) of the Act, the following types of device or equipment are declared not to be security equipment—
(a) any vehicle immobiliser, or similar electronic device, that interrupts the power supply to the fuel pump, starter motor or ignition of a vehicle to prevent the vehicle’s engine from starting,
(b) any road vehicle alarms or sounding devices that comply with clause 2.3.2 (b) of AS/NZS 4601:1999, Vehicle immobilizers,
(c) any intruder alarm systems for road vehicles that comply with AS/NZS 3749.1:2003, Intruder alarm systems—Road vehicles, Part 1: Performance requirements.
5
Activities that are security activities—the Act, s 4
5 Activities that are security activities—the Act, s 4
5 Activities that are security activities—the Act, s 4
For the purposes of section 4 (1) (p) of the Act, the following activities are prescribed—
(a) the carrying on of an activity, other than an activity of an approved class, that involves the manipulation (for example, unlocking) of security equipment otherwise than by ordinary means (the relevant licence being a class 2C licence),
(b) the carrying on of any other locksmithing activity (the relevant licence being a class 2C licence),
(c) the carrying on of the activity of offering to sell, install, maintain, repair and service, and provide advice in relation to, security equipment (the relevant licence being a class 2C licence).
cl 5: Am 2022 (338), Sch 1[2]; 2022 No 52, Sch 2[1].
5A
Activities that are not security activities—the Act, s 4
5A Activities that are not security activities—the Act, s 4
5A Activities that are not security activities—the Act, s 4
For the Act, section 4(1A), the conduct of health screening, including health screening conducted as a condition of entry to a venue, is not a security activity.
cl 5A: Ins 2022 No 52, Sch 2[2].
6
Meaning of “basic household or automotive security item”: section 4 (2)
6 Meaning of “basic household or automotive security item”: section 4 (2)
6 Meaning of “basic household or automotive security item”: section 4 (2)
For the purposes of section 4 (2) of the Act, basic household or automotive security item means any of the following—
(a) an item ordinarily used for basic household security and capable of being installed by the owner or occupier, including doors and grilles, door and window locks, padlocks, portable safes weighing not more than 50 kilograms or other electronic or mechanical security items (other than items that are ordinarily installed, maintained or serviced by or on behalf of the supplier of the item),
(b) an item designed to minimise the possibility of motor vehicle theft, including a vehicle immobiliser, vehicle alarm or GPS tracking device,
(c) any other item approved by the Commissioner.
7
Exemptions—the Act, ss 6(3) and 6AA(6)
7 Exemptions—the Act, ss 6(3) and 6AA(6)
7 Exemptions—the Act, ss 6(3) and 6AA(6)
(1) The Commissioner may grant an application for an exemption from the requirement to hold a class 2A security licence (Security Consultant) if the Commissioner is satisfied that the applicant—
(a) is a person the Commissioner must refuse to grant a licence to under the Act, section 15(1)(d), and
(b) has specialised skills or experience not readily available in Australia.
(2) The Commissioner may charge a fee of $1,000 for an application referred to in this clause.
(3) For the Act, section 6(3), the persons specified in Schedule 1 are exempt from the operation of the Act to the extent specified in that schedule.
cl 7: Subst 2022 (338), Sch 1[3]; 2022 No 52, Sch 2[3]. Am 2023 (682), Sch 1[1]; 2025 No 60, Sch 2.2[1] [2].
Part 2
Licences—general provisions
Part 2 Licences—general provisions
Part 2 Licences—general provisions
8
Applications for licences and renewals of licence lodged by post
8 Applications for licences and renewals of licence lodged by post
8 Applications for licences and renewals of licence lodged by post
An application for a licence, or for renewal of a licence, that is lodged by post must be sent to the following address—
Security Licensing and Enforcement Directorate
NSW Police Force
Locked Bag 5099
Parramatta NSW 2124
9
Composite licences: section 9 (2)
9 Composite licences: section 9 (2)
9 Composite licences: section 9 (2)
For the purposes of section 9 (2) of the Act, a class 1 or class 2 licence of any subclass may be combined with a class 1 or class 2 licence of any other subclass or subclasses into a composite licence, but only if the relevant licensee is entitled to hold the other subclass or subclasses of licence.
10
Shortened term for licences
10 Shortened term for licences
10 Shortened term for licences
For the purposes of section 24 (1) of the Act, the period of 1 year is prescribed for a master licence, class 1 or class 2 licence, but only if the applicant for the licence applies for a licence that will be in force for that period.
11
Fees
11 Fees
11 Fees
(1) For the purposes of sections 14 (2) (a) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for licences are specified in Part 1 of Schedule 2.
(2) In addition to any fee payable under subclause (1), an application for a licence is to be accompanied by a fingerprinting and palm printing fee of $40 if the applicant has not had his or her fingerprints or palm prints, or both, taken before in relation to a licence under the Act.
(3) For the purposes of sections 17 (2) (c) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for renewals of licence are specified in Part 2 of Schedule 2.
(4) For the purposes of section 17 (3) of the Act, the prescribed late fees are specified in Part 3 of Schedule 2.
(5) The fee (other than so much of it as is the processing component of the fee) that is paid under subclause (1) or (3) in connection with an application that is withdrawn or refused is to be refunded to the applicant.
(6) In this clause—
processing component of a fee, in relation to an application for a licence or renewal of licence, means the component of the fee prescribed by subclause (1) or (3) in respect of the application that is specified in Part 1 or 2 of Schedule 2 opposite that relevant fee as the processing component of the fee.
12
Information and particulars supporting licence application: section 14 (2) (b)
12 Information and particulars supporting licence application: section 14 (2) (b)
12 Information and particulars supporting licence application: section 14 (2) (b)
(1) Class 1 and class 2 licences For the purposes of section 14 (2) (b) of the Act, an application for a class 1 or class 2 licence must be supported by and (subject to subclause (2)) include the following information—
(a) the applicant’s name, date and place of birth and residential address,
(b) information satisfying the Commissioner that the applicant is an Australian citizen or resident,
(c) the security activities that the applicant proposes to carry on under the licence,
(d) evidence of the applicant’s competencies and experience referred to in the Act, section 15(1)(f)(ii),
(e) evidence of the applicant’s completion of the requisite training, assessment and instruction for the class of licence sought referred to in the Act, section 15(1)(f)(iii),
(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(g) evidence satisfying the Commissioner of the applicant’s identity.
(2) The information referred to in subclause (1) (d) and (e) may be included in the application or lodged separately (in accordance with clause 8, if by post) within 42 days after the application is lodged.
(3) Master licences—individuals For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by an individual must include the following information—
(a) the name, date and place of birth and residential address of—
(i) the applicant, and
(ii) each of the applicant’s close associates (if applicable),
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,
(c) information satisfying the Commissioner that the applicant is an Australian citizen or resident,
(d) the applicant’s business address,
(e) (Repealed)
(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(g) particulars of each firearms licence held by the applicant that relates to any proposed security activities,
(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),
(i) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).
(4) Master licences—corporations For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by a corporation (other than a government agency or public authority) must include the following information—
(a) the name of the applicant,
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,
(c) the nominated person for the licence, being an individual who is—
(i) an Australian citizen or resident, and
(ii) a close associate of the applicant, and
(iii) involved in the day-to-day conduct of the applicant’s security activities,
(d) the name, date and place of birth and residential address of each of the applicant’s close associates,
(e) the address of the applicant’s registered office and, if that address is not the address of its principal place of business, the address of its principal place of business,
(f) (Repealed)
(g) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(h) particulars of each firearms licence held by the applicant that relates to any proposed security activities,
(i) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),
(j) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).
(5) Master licences—government agencies or public authorities For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by a government agency or a public authority must include the following information—
(a) the name of the applicant,
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business in connection with the security activities to be authorised by the licence,
(c) the name, date and place of birth and residential address of the nominated person for the licence, being an individual who is—
(i) an Australian citizen or resident, and
(ii) involved in the day-to-day conduct of the applicant’s security activities,
(d) the address of the head office of the applicant,
(e) (Repealed)
(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(g) particulars of each firearms licence held by the applicant that relates to any proposed security activities,
(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),
(i) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).
(6) The Commissioner may refuse to grant an application for a licence if the applicant does not provide such other information and particulars as the Commissioner may require in respect of the application.
(7) In this clause—
Australian citizen or resident means—
(a) for subclause (1)(b)—
(i) an Australian citizen, or
(ii) a permanent Australian resident, or
(iii) a person who holds a visa of a type specified in the Act, section 15(1)(d), or
(b) otherwise—
(i) an Australian citizen, or
(ii) a permanent Australian resident, or
(iii) a person who holds a visa of a type specified in the Act, section 15(1)(d)(ii).
Grounds for refusal to grant licence: section 15 (4)
13 Grounds for refusal to grant licence: section 15 (4)
13 Grounds for refusal to grant licence: section 15 (4)
(1) Mandatory grounds for refusal—individual For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a master licence if the applicant, or a close associate of the applicant—
(a) at any time in the 3 years immediately preceding the application for the licence was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, unless the Commissioner is satisfied that the person took all reasonable steps to avoid the bankruptcy, or
(b) at any time in the 3 years immediately preceding the application for the licence was concerned in the management of a corporation when the corporation was the subject of a winding up order or when a controller or administrator was appointed, unless—
(i) the winding up of the corporation was by way of a member’s voluntary winding up, or
(ii) the Commissioner is satisfied that the person took all reasonable steps to avoid the liquidation or administration.
(2) In determining the reasonable steps that could be taken by a person to avoid bankruptcy, liquidation or administration, the Commissioner is to have regard to the steps that could have been taken by the person at the time that the financial difficulties leading to the bankruptcy, liquidation or administration arose.
(3) Mandatory grounds for refusal—corporation For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a master licence if the applicant—
(a) is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, or
(b) at any time in the 3 years immediately preceding the application for the licence, was a corporation the subject of a winding up order or for which a controller or administrator was appointed.
(4) Discretionary grounds for refusal For the purposes of section 15 (4) of the Act, the Commissioner may refuse to grant an application for a licence if the applicant, or a close associate of the applicant, has within the period of 3 years before the application for the licence was made, contravened any provision of the Act or the regulations under the Act, whether or not the applicant or close associate of the applicant has been convicted of an offence in relation to the contravention.
(5) Discretionary grounds for refusal—master licence For the purposes of section 15 (4) of the Act, the Commissioner may refuse to grant an application for a master licence if the applicant, or a close associate of the applicant, has, within the period of 3 years before the application for the licence was made, been found guilty of an offence under Chapter 4 of the Australian Consumer Law that relates to a contravention of section 29, 31, 33, 34, 36 or 50 of that Law.
14
References to close associate: section 15 (5)
14 References to close associate: section 15 (5)
14 References to close associate: section 15 (5)
A reference to an applicant in the Act, section 15(1)(d) and (f)(ii)–(iv) does not include a reference to a close associate of the applicant.
cl 14: Am 2023 (682), Sch 1[10].
15
Offences and civil penalties that disqualify applicants
15 Offences and civil penalties that disqualify applicants
15 Offences and civil penalties that disqualify applicants
(1) Prescribed offences: section 16 (1) (a) and (b) For the purposes of section 16 (1) (a) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales—
(a) Offences relating to firearms or weapons
An offence relating to the possession or use of a firearm, or any other weapon, committed under—
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),
and being an offence that would (had the offence been committed under the law of an Australian jurisdiction) disqualify the person concerned from holding a licence under the Firearms Act 1996.
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(c) Offences involving assault
An offence under the law of any Australian or overseas jurisdiction involving assault of any description, being an offence in respect of which the penalty imposed includes any term of imprisonment (whether or not suspended), an intensive correction order, a community correction order, a conditional release order, a good behaviour bond, a community service order or a penalty of $200 or more.
(d) Offences involving fraud, dishonesty or stealing
An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the maximum penalty is (had the offence been committed under the law of an Australian jurisdiction) imprisonment for 3 months or more.
(e) Offences involving robbery
An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).
(f) Offences relating to industrial relations matters
In the case of an application for a master licence or for the renewal of a master licence only, an offence under the Industrial Relations Act 1996 or under any similar law of any other Australian jurisdiction or the Fair Work Act 2009 of the Commonwealth, but only if a total of at least 5 such offences have been committed by the applicant during any period of 2 years.
(g) Offences relating to riot
An offence under section 93B of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.
(h) Offences relating to affray
An offence under section 93C of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.
(i) Offences involving stalking or intimidation
An offence under the law of any Australian or overseas jurisdiction involving stalking or intimidation.
(j) Offences relating to reckless conduct causing death at workplace
An offence under section 31 of the Work Health and Safety Act 2011 or any similar offence under the law of another jurisdiction.
(k) Offences relating to terrorism
An offence relating to terrorism, being—
(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or
(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).
(l) Offences involving organised criminal groups and recruitment
An offence under section 93T or 351A of the Crimes Act 1900.
(1A) Prescribed offences: section 16 (1) (b) For the purposes of section 16 (1) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales—
(a) an offence referred to in subclause (1) (a), (b) or (d)–(l),
(b) an offence under the law of any Australian or overseas jurisdiction involving assault of any description, being an offence that, in the opinion of the Commissioner, is a serious assault offence.
(1B) Offences affecting private investigators only For the Act, section 16(1)(a) and (b), the following offences are prescribed offences, whether or not committed in New South Wales, only in relation to a class 2E licence—
(a) an offence under the Surveillance Devices Act 2007, Part 2, or a similar offence under the law of another Australian jurisdiction,
(2) Prescribed civil penalties: section 16 (1) (c) For the purposes of section 16 (1) (c) of the Act, each relevant civil penalty is prescribed, but only in the case of an application for a master licence or for the renewal of a master licence and only if a total of at least 5 such penalties (whether of the same or a different kind) have been imposed during any period of 2 years.
(3) In this clause—
relevant civil penalty means each of the following—
(b) a pecuniary penalty imposed under section 224 of the Australian Consumer Law that relates to a contravention of section 18, 20, 21, 29, 31, 33, 34, 36 or 50 of that Law,
(c) a pecuniary penalty imposed under section 546 of the Fair Work Act 2009 of the Commonwealth that relates to a contravention of that Act.
cl 15: Am 2017 No 53, Sch 4.25 [1]; 2017 (754), Sch 1 [1]–[4]; 2022 (338), Sch 1[5].
16
Voluntary surrender of licence
16 Voluntary surrender of licence
16 Voluntary surrender of licence
A licensee may voluntarily surrender a licence by delivering to the Commissioner, a police officer or other approved person the licence together with a notice in writing indicating the person’s intention to cease to be a licensee.
17
Surrender of licence: section 31
17 Surrender of licence: section 31
17 Surrender of licence: section 31
For the purposes of section 31 of the Act, a licence that is suspended or revoked must be immediately surrendered as follows—
(a) if a notice of suspension or revocation is sent to the person to whom the licence was granted—the person must, on receiving that notice, deliver the licence to a police officer or other approved person,
(b) if no such notice is sent to the person but the person is otherwise directed by a police officer or other approved person to hand over the licence—the person must hand over the licence in accordance with that direction.
18
Requirement to notify change of licence particulars
18 Requirement to notify change of licence particulars
18 Requirement to notify change of licence particulars
It is a Tier 1 condition of a licence that the holder of the licence must notify the Commissioner electronically, by post or in any other approved manner of a change in any of the particulars in respect of a licence (including any change of address by the licensee), and of the appropriate new particulars, within 14 days of the change occurring.
Note—
Clause 30 requires the holder of a master licence to notify the Commissioner of a change in the particulars relating to a close associates of the licence holder.
cl 18: Am 2022 No 52, Sch 2[4] [5].
19
Notification of lost etc licences
19 Notification of lost etc licences
19 Notification of lost etc licences
(1) A licensee must, within 7 days after becoming aware that the licence has been lost, stolen, destroyed, defaced or mutilated or become illegible, notify the Commissioner of that occurrence.
Maximum penalty—
(a) in the case of a corporation—40 penalty units, or
(b) in the case of an individual—10 penalty units.
(2) For the purposes of this clause, the Commissioner is taken to have been notified of the occurrence if—
(a) oral notice of the occurrence has been given, either in person or by telephone, to a police officer at a police station or to the Police Assistance Line (131 444) and a Computerised Operational Policing System Event reference number has been issued to the licensee, or
(b) notice of the occurrence has been given in any other manner approved by the Commissioner.
20
Application for replacement licence
20 Application for replacement licence
20 Application for replacement licence
(1) The Commissioner may, on being satisfied that a licence has been lost, stolen, destroyed, defaced or mutilated or become illegible, and on payment of the fee of $65, issue a replacement licence.
(2) An application for a replacement licence may be made by lodging an application in the approved form (or in such other manner as may be approved) with the Security Licensing and Enforcement Directorate.
21
Application for variation of master licence
21 Application for variation of master licence
21 Application for variation of master licence
(1) The Commissioner may, on the application of the holder of a master licence, vary the subclass of that licence (the old subclass) to another subclass (the new subclass).
(2) If the fees payable under clause 11 in respect of the new subclass are higher than those payable under that clause in respect of the old subclass, the fee payable on an application under subclause (1) is the difference between those fees.
(3) A master licence that has been varied under this clause remains in force only for the term of that licence, unless sooner surrendered or revoked or otherwise ceases to be in force.
22
Application for variation of licence
22 Application for variation of licence
22 Application for variation of licence
An application under section 27 of the Act for the variation of a class 1 or class 2 licence must be accompanied by a fee of $80.
23
Amendment of licence
23 Amendment of licence
23 Amendment of licence
An application to amend the information relating to a licence (not being an application to vary a licence) must be accompanied by a fee of $65.
24
Special licence conditions—fingerprints and palm prints: section 21 (3) (b)
24 Special licence conditions—fingerprints and palm prints: section 21 (3) (b)
24 Special licence conditions—fingerprints and palm prints: section 21 (3) (b)
(1) For the purposes of section 21 (3) (b) of the Act, it is a Tier 2 condition of a licence that the licensee must, at the Commissioner’s request, consent to having his or her fingerprints or palm prints, or both, taken by an authorised officer (within the meaning of section 18 of the Act) in order to confirm the licensee’s identity.
(2) Any fingerprint or palm print obtained in accordance with this clause may be used by the Commissioner for any purpose the Commissioner sees fit.
(3) A person who formerly held a licence, but is not currently a licensee, may apply to the Commissioner to have his or her fingerprints or palm prints, or both, and any copies of them destroyed.
(4) The Commissioner may grant or refuse the application as the Commissioner sees fit.
cl 24: Am 2022 No 52, Sch 2[6].
25
Revocation of licence—additional reasons: section 26 (1) (d)
25 Revocation of licence—additional reasons: section 26 (1) (d)
25 Revocation of licence—additional reasons: section 26 (1) (d)
(1) For the purposes of section 26 (1) (d) of the Act, a licence may be revoked if the Commissioner considers that it would be contrary to the public interest for the person to whom it is granted to continue to hold it.
(2) For the purpose of determining whether it would be contrary to the public interest for a person to continue to hold a licence, the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the person that—
(a) is relevant to the activities carried on under the class of licence held by the person, or
(b) causes the Commissioner to conclude that improper conduct is likely to occur if the person continues to hold the licence, or
(c) causes the Commissioner not to have confidence that improper conduct will not occur if the person continues to hold the licence.
(3) The Commissioner is not, under the Act or any other Act or law, required to give any reasons for revoking a licence if the giving of those reasons would disclose the existence or content of any criminal intelligence report or other criminal information referred to in subclause (2).
cl 25: Am 2017 No 16, Sch 2 [1] [2].
26
Revocation or suspension of licence by court
26 Revocation or suspension of licence by court
26 Revocation or suspension of licence by court
For the purposes of section 40 (1) (c) of the Act, the relevant civil penalties (within the meaning of clause 15) are prescribed.
Part 3
Master licences—special conditions
Part 3 Master licences—special conditions
Part 3 Master licences—special conditions
27
Requirement to display master licence
27 Requirement to display master licence
27 Requirement to display master licence
It is a Tier 1 condition of a master licence that the licensee must conspicuously display a copy of the master licence at the principal place of business of the licensee.
cl 27: Am 2022 No 52, Sch 2[4].
28
Requirement to display licence number
28 Requirement to display licence number
28 Requirement to display licence number
(1) It is a Tier 1 condition of a master licence that a licensee conducting a business in the security industry must display the number of the master licence (in accordance with subclause (2)) on any sign on any of the licensee’s business premises, on any other premises or on any vehicle or vessel that also displays the name under which the business is carried on, or any logo or other symbol representing the business or any words indicating that the premises, vehicle or vessel are used in connection with any security activity authorised by the master licence.
(2) The number of the master licence must be displayed as follows—
(a) “Master Lic.”, “Lic. No”, “M/L” or other approved abbreviation must be followed by the licence number,
(b) the letters and numbers must be in sans serif font or otherwise must be clearly legible and must be a minimum height of—
(i) for signage on premises—30 mm, or
(ii) for signage in or on vehicles—15 mm.
cl 28: Am 2022 No 52, Sch 2[4].
29
Job advertisements
29 Job advertisements
29 Job advertisements
(1) It is a Tier 1 condition of a master licence that the licensee must, in any advertisement relating to the employment of persons to perform security activities as employees of the master licensee, include the master licensee’s business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) or proper name and number of the master licence.
(2) In this clause—
proper name means—
(a) in relation to an individual—
(i) the individual’s full name, or
(ii) the individual’s family name, together with the initials or abbreviations of one or more of the individual’s given names, and
(b) in relation to a corporation—the corporation’s corporate name.
cl 29: Am 2022 No 52, Sch 2[4].
30
Requirement to notify changes relating to close associates
30 Requirement to notify changes relating to close associates
30 Requirement to notify changes relating to close associates
(1) It is a Tier 2 condition of a master licence that the licensee must notify the Commissioner electronically, by post or in any other approved manner of—
(a) any change in the particulars relating to close associates included in an application under clause 12 (3) (a) (ii) or (4) (d), and
(b) the name, date and place of birth and residential address of any person who subsequently becomes a close associate of the licensee.
(2) The notification must be made within 14 days after the change occurs or the person becomes a close associate.
cl 30: Am 2022 No 52, Sch 2[6].
31
Public liability insurance
31 Public liability insurance
31 Public liability insurance
If the holder of a master licence provides persons to carry on security activities involving the possession or use of firearms or the use of horses or dogs, it is a Tier 2 condition of the master licence that the licensee must obtain and maintain (in an approved form) public liability insurance cover totalling at least $10,000,000.
cl 31: Am 2022 No 52, Sch 2[6].
32
Records required to be kept by master licensees
32 Records required to be kept by master licensees
32 Records required to be kept by master licensees
(1) It is a Tier 2 condition of a master licence that the licensee must keep the following records in a manner and form approved by the Commissioner—
(a) the full name, licence number and subclass of each class 1 or class 2 licensee provided by the holder of the master licence,
(b) the expiry date of the licence held by each class 1 or class 2 licensee provided by the holder of the master licence,
(c) in relation to each occasion on which the holder of the master licence is engaged to carry on security activities to be performed by a class 1 or class 2 licensee provided by the holder of the master licence—
(i) the name and address of the person engaging the master licensee to carry on those security activities, and
(ii) the address of the location at which the security activities are carried on, and
(iii) the date on and time at which the security activities are carried on, and
(iv) details of the security activities carried on, and
(v) the name of, and the number of the licence held by, the class 1 or class 2 licensee who carried on the security activities,
(d) details of any contract or agreement to carry on security activities required by the Commissioner by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate,
(e) the registration number of any vehicle used in connection with the carrying on of security activities.
(2) If the holder of a master licence provides any person to perform a mobile patrol service, it is a Tier 2 condition of the licence that the holder of the licence must ensure that—
(a) a record of each patrol visit is kept in a manner and form approved by the Commissioner, and
(b) such a record contains details of the name and licence number of the licensee who undertook the patrol visit.
(3) Each record required to be kept under this clause must be kept for at least 3 years.
cl 32: Am 2022 No 52, Sch 2[6].
33
Copies of licences
33 Copies of licences
33 Copies of licences
It is a Tier 1 condition of a master licence that the holder of the licence keep a copy of the licence—
(a) at any place of business at which the holder of the master licence’s records are kept other than the holder’s principal place of business, and
(b) at any premises at which the holder provides class 1 licensees to carry on security activities on a recurrent basis (other than mobile patrol and cash in transit security activities), and
(c) at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry on security activities (other than mobile patrol and cash in transit security activities).
cl 33: Am 2022 No 52, Sch 2[4].
34
Incident registers
34 Incident registers
34 Incident registers
(1) If the holder of a master licence provides a class 1 licensee to carry on a security activity, it is a Tier 2 condition of the master licence that holder must keep a register (an incident register) in a manner and form approved by the Commissioner containing particulars of any of the following incidents that occur while the class 1 licensee is carrying on a security activity—
(a) in relation to a class 1A, 1B, 1C, 1D or 1F licensee—the licensee makes forcible physical contact with, or physically restrains, a person,
(b) in relation to a class 1A licensee—the licensee ejects a person from, or directs a person to leave, the place at which the security activity is being carried on,
(c) in relation to a class 1D licensee—the licensee’s dog attacks a person,
(d) in relation to a class 1F licensee—the licensee removes a firearm from his or her holster (unless the removal is for the purposes of unloading ammunition or for the maintenance of the firearm),
(e) in relation to a class 1F licensee—the licensee discharges a firearm (unless the firearm is discharged in the course of training, assessment or instruction),
(f) any other type of incident required by the Commissioner to be recorded in the incident register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate.
(2) The holder of the master licence must record or cause to be recorded the particulars of any incident as soon as practicable after the incident occurs and before any class 1 licensee involved in the incident completes the shift during which the incident occurred.
(3) The incident register must be kept—
(a) at any premises at which the holder provides class 1 licensees to carry on security activities on a recurrent basis (other than mobile patrol and cash in transit security activities), and
(b) in the case of mobile patrol and cash in transit security activities and other security activities which are not carried on at particular premises on a recurrent basis—at the place of business at which the holder of the master licence’s records are kept, and
(c) at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry on security activities (other than mobile patrol and cash in transit security activities).
(4) It is a Tier 2 condition of a master licence that, if a class 1F licensee employed by the holder of the master licence discharges a firearm, the holder must, within 24 hours after the discharge, give the Firearms Registry of the NSW Police Force written notice of the particulars of the incident as recorded in the incident register under this clause.
(5) Each record of an incident required to be recorded in the incident register under this clause must be kept in the incident register for at least 3 years.
(6) The requirement to keep a register under this clause is in addition to the requirement under clause 32 to keep records.
cl 34: Am 2022 (338), Sch 1[6]; 2022 No 52, Sch 2[6]; 2023 (682), Sch 1[11].
35
Sign-on register
35 Sign-on register
35 Sign-on register
(1) If the holder of a master licence provides class 1 licensees to carry on security activities at particular premises on a recurrent basis (other than mobile patrol and cash in transit security activities), it is a Tier 2 condition of the master licence that the holder must keep a register (a sign-on register) in a manner and form approved by the Commissioner in which each provided class 1 licensee who carries on security activities at those premises is able to record—
(a) the class 1 licensee’s name, signature and licence number, and
(b) the time at which the class 1 licensee commenced carrying on security activities on that day, and
(c) the time (whether on the same day or the following day) at which that class 1 licensee ceased carrying on the security activities, and
(d) any other particulars the Commissioner requires the holder of the master licence to record in the sign-on register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate.
(2) If the holder of a master licence provides 3 or more class 1 licensees at any one time to carry on security activities at particular premises (other than mobile patrol and cash in transit security activities), it is a Tier 2 condition of the master licence that the holder must keep a sign-on register in a manner and form approved by the Commissioner that records, for each day on which the provided class 1 licensees carry on security activities at those premises, the particulars referred to in subclause (1) (a)–(d).
(3) If the holder of a class 1 licence (the relevant person) is provided by a master licensee to carry on security activities (other than mobile patrol and cash in transit security activities)—
(a) at particular premises at which the master licensee provides holders of class 1 licences to carry on security activities on a recurrent basis, or
(b) at particular premises at which the master licensee provides 3 or more class 1 licensees at any one time to carry on security activities,
it is a Tier 2 condition of the licence held by the relevant person that, on each day the relevant person carries on security activities at those premises, he or she completes in the approved manner the sign-on register kept by the master licensee at those premises before commencing, and immediately following ceasing, the carrying on of security activities.
(4) If the holder of a master licence is required to keep a sign-on register at particular premises, it is a Tier 2 condition of the holder’s licence that the holder must take reasonable steps to ensure that each provided class 1 licensee who carries on security activities at those premises completes, in the approved manner, the sign-on register at those premises.
cl 35: Am 2022 No 52, Sch 2[6].
36
Vehicles used for cash in transit activities
36 Vehicles used for cash in transit activities
36 Vehicles used for cash in transit activities
(1) Armoured vehicles If the holder of a master licence provides persons to carry on security activities involving the protection of cash in transit, it is a Tier 3 condition of the master licence that any armoured vehicle used in connection with those activities must include, or be equipped with, the following features—
(a) permanent company signage or markings,
(b) ballistic protection to the crew members of the vehicle with G2 (or equivalent) rated body and glazing materials within the meaning of the Australian and New Zealand Standard AS/NZS 2343:1997, Bullet-resistant panels and elements,
(c) a back-to-base radio with override button for use in an emergency,
(d) an alternative method of communication to the back-to-base radio that is operable in radio reception black spots,
(e) a hands-free mobile telephone,
(f) in relation to an armoured vehicle operated only by a 2-person crew where both crew members exit the vehicle to deliver cash—the following features—
(i) a remotely activated central locking system, or a method of preventing unauthorised entry into the vehicle,
(ii) one or more engine immobilisers designed to prevent unauthorised ignition of the vehicle,
(iii) a Global Positioning System that allows the vehicle to be remotely tracked,
(iv) portable back-to-base duress alarms for the crew,
(v) a system of secure partitioning that allows the crew to enter and exit the vehicle without exposing the crew and that restricts access to the vehicle’s cargo by persons other than the crew.
(2) Other vehicles If the holder of a master licence provides persons to carry on security activities involving the protection of cash in transit, it is a Tier 3 condition of the master licence that any vehicle (other than an armoured vehicle) used in connection with those activities must include, or be equipped with, the following features—
(a) permanent company signage or markings,
(b) a drop safe, secure container or other similar device used to ensure that the cash in transit is secure,
(c) a back-to-base radio with override button for use in an emergency,
(d) an alternative method of communication to the back-to-base radio that is operable in radio reception black spots,
(e) a hands-free mobile telephone,
(f) a remotely activated central locking system, or a method of preventing unauthorised entry into the vehicle,
(g) one or more engine immobilisers designed to prevent unauthorised ignition of the vehicle,
(h) a Global Positioning System that allows the vehicle to be remotely tracked,
(i) portable back-to-base duress alarms for the crew.
(3) The Commissioner may, on application by a master licensee, authorise in writing a vehicle that does not include permanent company signage or markings in accordance with subclause (2) (a) to be a vehicle that may be used in the protection of cash in transit.
(4) An authorisation under subclause (3) remains in force for such time as is specified in the authorisation unless sooner revoked by the Commissioner.
cl 36: Am 2022 No 52, Sch 2[7].
Part 4
Visitor permits
Part 4 Visitor permits
Part 4 Visitor permits
37
Fee to accompany permit application
37 Fee to accompany permit application
37 Fee to accompany permit application
For the purposes of section 39D (2) of the Act, the prescribed fee to accompany an application for a visitor permit is as follows—
(a) if the applicant is an individual—$40,
(b) if the applicant is a corporation—$150 for each day or part of a day within the period of a proposed special event for which the visitor permit is sought.
38
Information and particulars to accompany permit application
38 Information and particulars to accompany permit application
38 Information and particulars to accompany permit application
(1) Visitor permit—individuals For the purposes of section 39D (2) of the Act, an application for a visitor permit that is made by an individual must include the following information—
(a) the applicant’s name and residential address,
(b) the applicant’s date of birth,
(c) particulars of the licence or other authority in the applicant’s State or Territory of residence authorising the applicant to carry on the activity or activities of the kind proposed to be authorised by the visitor permit,
(d) the day or days on which the applicant proposes to carry on security activities under the visitor permit.
(2) Visitor permit—corporations For the purposes of section 39D (2) of the Act, an application for a visitor permit that is made by a corporation must include the following information—
(a) the name of the applicant,
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,
(c) the address of the applicant’s registered office and, if that address is not the address of its principal place of business, the address of its principal place of business,
(d) the security activities in respect of which the applicant proposes to carry on business under the visitor permit,
(e) particulars of the licence or other authority of the other State or Territory authorising the corporation to carry on the activity or activities of the kind proposed to be authorised by the visitor permit,
(f) the day or days on which the applicant proposes to carry on security activities under the visitor permit.
Part 5
Temporary excess provision of security activities permit
Part 5 Temporary excess provision of security activities permit
Part 5 Temporary excess provision of security activities permit
39
Fee to accompany permit application
39 Fee to accompany permit application
39 Fee to accompany permit application
For the purposes of section 40A (2) of the Act, the prescribed fee to accompany an application for a temporary excess provision of services permit is $150 for each specified day, or each day within a specified period, for which authorisation to provide more persons than the number authorised by a master licence is sought by the applicant.
Part 6
Miscellaneous provisions
Part 6 Miscellaneous provisions
Part 6 Miscellaneous provisions
40
Uniforms and vehicle markings
40 Uniforms and vehicle markings
40 Uniforms and vehicle markings
(1) The Commissioner may determine—
(a) the character and design of uniforms to be worn in connection with the carrying on of security activities (including in connection with carrying on specified security activities), and
(b) the markings that may be made on, and the design of any specified features of, vehicles used in connection with the carrying on of security activities.
(2) Any such determination is to provide that the relevant uniforms and vehicles cannot resemble the uniforms of police officers or the marked vehicles of the NSW Police Force.
(3) A determination is to be published in the Gazette by the Commissioner and takes effect on the day it is so published or on a later day specified in the determination for that purpose.
(4) A determination may be varied or revoked by a further determination of the Commissioner.
(5) If a determination provides for the wearing of a uniform in connection with the carrying on of a security activity, a person must, in the course of carrying on that activity, wear a uniform that complies with the determination for that activity.
Maximum penalty—10 penalty units.
(6) If a determination provides for the wearing of a uniform in connection with the carrying on of a security activity, the employer of a person who is carrying on that activity must ensure that the person, in the course of carrying on that activity, wears a uniform that complies with the determination for that activity.
Maximum penalty—
(a) for a corporation—100 penalty units, or
(b) for an individual—50 penalty units.
(7) The Commissioner may, by notice in writing to a person or to the employer of a person, advise—
(a) that the character or design of the uniform worn by the person, by reason of some feature specified in the notice, does not accord with the relevant determination, or
(b) that the vehicle used by the person, by reason of some marking or feature specified in the notice, does not accord with the relevant determination.
(8) A person to whom any such advice has been notified in relation to a uniform or vehicle must not wear the uniform or use the vehicle, or permit the person’s employees to do so, until the feature or marking that does not accord with the relevant determination has been corrected or removed.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) for an individual—100 penalty units.
cl 40: Am 2022 No 52, Sch 2[8] [9].
41
Security recordings
41 Security recordings
41 Security recordings
(1) A person who deliberately or recklessly destroys, edits, alters, erases or otherwise interferes with any security recording that relates to any incident involving a licensee performing his or her duties that would likely lead to criminal or disciplinary proceedings against that licensee is guilty of an offence.
Maximum penalty—100 penalty units.
(2) A person does not commit an offence under this clause if the person destroys, edits, alters, erases or otherwise interferes with a security recording after any criminal or disciplinary proceedings relating to the recording have been finalised.
(3) In this clause, security recording means security, surveillance, closed circuit television or digital recording or footage.
cl 41: Am 2022 No 52, Sch 2[10].
42
Offence of impersonating a licensee
42 Offence of impersonating a licensee
42 Offence of impersonating a licensee
A person must not impersonate, or falsely represent that the person is, a licensee.
Maximum penalty—250 penalty units.
cl 42: Am 2022 No 52, Sch 2[11].
43
Approval of persons or organisations providing approved training, assessment and instruction
43 Approval of persons or organisations providing approved training, assessment and instruction
43 Approval of persons or organisations providing approved training, assessment and instruction
(1) A list of persons or organisations approved from time to time by the Commissioner for the purposes of section 27A of the Act is to be published on the website maintained by the Security Licensing and Enforcement Directorate.
(2) The Commissioner is to give notice in writing to any person or organisation removed from the list of approved persons or organisations as soon as practicable after the person or organisation is removed.
cl 43: Am 2017 No 16, Sch 2 [3].
44
Register
44 Register
44 Register
(1) The Commissioner is to maintain a register of licences issued under the Act and is to enter and keep in the register the following particulars in relation to each licence—
(a) the name, and Australian Business Number (if any), of the person to whom the licence is issued,
(b) the nominated person for the licence (if any), as referred to in clause 12 (4) (c) and (5) (c),
(c) the number of the licence,
(d) the class or subclass of the licence,
(e) the date of expiry of the licence,
(f) the current status of the licence,
(g) any other particulars that the Commissioner considers appropriate.
(2) The Commissioner is to cause the information contained in the register to be available to the public on a NSW Government website.
(3) The Commissioner may determine the manner and form in which the information is to be available under this clause.
(4) The Commissioner may cause any error in or omission from the register to be corrected.
45
Penalty notice offences and penalties: section 45A
45 Penalty notice offences and penalties: section 45A
45 Penalty notice offences and penalties: section 45A
(1) For the purposes of section 45A of the Act—
(a) each offence created by a provision specified in Column 1 of Schedule 3 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each such offence is—
(i) for an offence committed by the holder of a master licence class MA or class MB in that capacity— the amount specified opposite the provision in Schedule 3, Column 2, or
(ii) otherwise—the amount specified opposite the provision in Schedule 3, Column 3.
(2) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
cl 45: Am 2023 (682), Sch 1[12].
46
Savings
46 Savings
46 Savings
Any act, matter or thing that, immediately before the repeal of the Security Industry Regulation 2007, had effect under that Regulation is taken to have effect under this Regulation.
A qualified accountant, but only while acting as an accountant.
Schedule 2
Fees
Schedule 2 Fees
Schedule 2 Fees
(Clause 11)
Schedule 3
Penalty notice offences
Schedule 3 Penalty notice offences
Schedule 3 Penalty notice offences
(Clause 45)
| Column 1 | Column 2 | Column 3 |
| Provision | Penalty—Holder of master licence class MA or class MB | Penalty—Otherwise |
| Offences under the Act |
| Section 7(1)—where—(a) the offence is committed by a corporation, and(b) the offender does not hold a master licence | — | $11,000 |
| Section 7(1)—where—(a) the offence is committed by an individual, and(b) the offender does not hold a master licence | — | $5,500 |
| Section 7(1)—where—(a) the offence is committed by a corporation, and(b) the offender provides more persons on any one day than the number of persons authorised by the offender’s master licence | $11,000 | $11,000 |
| Section 7(1)—where—(a) the offence is committed by an individual, and(b) the offender provides more persons on any one day than the number of persons authorised by the offender’s master licence | $5,500 | $5,500 |
| Section 7(2) | — | $5,500 |
| Section 27A(3)—where the offence is committed by a corporation | $550 | $2,200 |
| Section 27A(3)—where the offence is committed by an individual | $275 | $1,100 |
| Section 29B(1) | — | $2,750 |
| Section 30—where the offence is a contravention of a Tier 1 condition by a corporation | $275 | $1,100 |
| Section 30—where the offence is a contravention of a Tier 1 condition by an individual | $135 | $550 |
| Section 30—where the offence is a contravention of a Tier 2 condition by a corporation | $550 | $2,200 |
| Section 30—where the offence is a contravention of a Tier 2 condition by an individual | $275 | $1,100 |
| Section 30—where the offence is a contravention of a Tier 3 condition by a corporation | $1,375 | $5,500 |
| Section 30—where the offence is a contravention of a Tier 3 condition by an individual | $685 | $2,750 |
| Section 31—where the offence is committed by a corporation | $550 | $2,200 |
| Section 31—where the offence is committed by an individual | $275 | $1,100 |
| Section 32(1)—where the offence is committed by a corporation | — | $5,500 |
| Section 32(1)—where the offence is committed by an individual | — | $2,750 |
| Section 32(2)—where the offence is committed by a corporation | $275 | $1,100 |
| Section 32(2)—where the offence is committed by an individual | $135 | $550 |
| Section 33(1)—where the offence is committed by a corporation | $1,375 | $5,500 |
| Section 33(1)—where the offence is committed by an individual | $685 | $2,750 |
| Section 33(2)—where the offence is committed by a corporation | $550 | $2,200 |
| Section 33(2)—where the offence is committed by an individual | $275 | $1,100 |
| Section 34 | $135 | $550 |
| Section 35(1) | $135 | $550 |
| Section 36(1) | — | $550 |
| Section 37—where the offence is committed by a corporation | $550 | $2,200 |
| Section 37—where the offence is committed by an individual | $275 | $1,100 |
| Section 38(1) | $110 | $440 |
| Section 38A(1)—where the offence is committed by a corporation | $1,375 | $5,500 |
| Section 38A(1)—where the offence is committed by an individual | $685 | $2,750 |
| Section 38A(2)—where the offence is committed by a corporation | $550 | $2,200 |
| Section 38A(2)—where the offence is committed by an individual | $275 | $1,100 |
| Section 38C(1) | — | $1,100 |
| Section 39(1)—where the offence is committed by a corporation | $2,750 | $11,000 |
| Section 39(1)—where the offence is committed by an individual | $1,375 | $5,500 |
| Section 39A(1) and (2)—where the offence is committed by a corporation | $1,375 | $5,500 |
| Section 39A(1) and (2)—where the offence is committed by an individual | $685 | $2,750 |
| Section 39B—where the offence is committed by a corporation | $275 | $1,100 |
| Section 39B—where the offence is committed by an individual | $135 | $550 |
| Section 39F—where the offence is committed by a corporation | — | $2,200 |
| Section 39F—where the offence is committed by an individual | — | $1,100 |
| Section 39H | — | $550 |
| Section 39S | $1,375 | $5,500 |
| Section 39T | $1,375 | $5,500 |
| Section 39U(1) | $1,375 | $5,500 |
| Section 39V | $1,375 | $5,500 |
| Section 39W | $1,375 | $5,500 |
| Section 39X | $1,375 | $5,500 |
| Offences under this regulation |
| Clause 19(1)—where the offence is committed by a corporation | $110 | $440 |
| Clause 19(1)—where the offence is committed by an individual | $25 | $110 |
| Clause 40(5) | — | $110 |
| Clause 40(6)—where the offence is committed by a corporation | $275 | $1,100 |
| Clause 40(6)—where the offence is committed by an individual | $135 | $550 |
| Clause 40(8)—where the offence is committed by a corporation | $550 | $2,200 |
| Clause 40(8)—where the offence is committed by an individual | $275 | $1,100 |
| Clause 42 | $685 | $2,750 |
sch 3: Am 2017 No 16, Sch 2 [4]; 2023 (682), Sch 1[15].
Schedule 4
Savings and transitional provisions
Schedule 4 Savings and transitional provisions
Schedule 4 Savings and transitional provisions
sch 4: Ins 2022 (338), Sch 1[9]. Am 2022 (734), Sch 1.
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
Division 2
Conversion of existing licences
Division 2 Conversion of existing licences
Division 2 Conversion of existing licences
Division 3
Miscellaneous
Division 3 Miscellaneous
Division 3 Miscellaneous
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Security Industry Regulation 2016.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 1 September 2016.
Note.
This Regulation replaces the Security Industry Regulation 2007, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
acts as a private investigator, for Schedule 1, includes acts in a similar capacity to a private investigator.
(a) a Certified Practising Accountant member of CPA Australia, New South Wales Division, or
(b) a member of Chartered Accountants Australia and New Zealand, New South Wales Branch, who holds a Certificate of Public Practice issued by that organisation, or
(c) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by the Institute.
Security Licensing and Enforcement Directorate means the Security Licensing and Enforcement Directorate within the NSW Police Force.
the Act means the Security Industry Act 1997.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 deals with general licensing matters. Clause 8 prescribes the postal address for applications. Clause 9 permits composite licences provided the holder is entitled to each subclass. Clause 10 allows a one-year shortened term for master, class 1 or class 2 licences on application. Clause 11 sets out the fees in Sch 2, additional fingerprinting fees, refund rules for withdrawn or refused applications (excluding the processing component), and defines “processing component”. Clause 12 is lengthy and specifies the information and documents required for class 1/2 applications (name, DOB, address, citizenship/residency evidence, proposed activities, competency and training evidence, identity evidence) and differentiated requirements for master licences held by individuals, corporations or government agencies (including close-associate details, ABN, business addresses, firearms particulars, public liability insurance evidence). The Commissioner may refuse incomplete applications. Clause 13 prescribes mandatory refusal grounds for master licences where the applicant or close associate has recent bankruptcy or corporate insolvency history (subject to a “reasonable steps” safe harbour) and discretionary refusal grounds for recent breaches of the Act or certain Australian Consumer Law contraventions. Clause 14 clarifies that references to an “applicant” in s 15(1)(d) and (f) do not extend to close associates. Clause 15 lists disqualifying offences (firearms, drugs, assault, fraud, robbery, industrial relations, riot, affray, stalking, workplace death, terrorism, organised crime) and civil penalties that apply to master licence applicants; a separate, narrower set applies only to class 2E (private investigator) licences (Surveillance Devices Act and Telecommunications (Interception and Access) Act offences). Clause 16 allows voluntary surrender; cl 17 mandates immediate surrender on suspension or revocation. Clause 18 imposes a Tier 1 condition to notify changes of particulars within 14 days. Clause 19 requires notification of lost, stolen or damaged licences within 7 days (maximum penalties 40/10 penalty units). Clause 20 permits replacement licences for a $65 fee. Clauses 21–23 deal with variation and amendment applications and associated fees. Clause 24 makes fingerprint/palm print consent a Tier 2 condition and regulates destruction requests. Clause 25 adds “contrary to the public interest” (having regard to criminal intelligence) as a revocation ground and protects the non-disclosure of that intelligence. Clause 26 prescribes relevant civil penalties for court-ordered revocation/suspension.
Part 3 imposes special conditions on master licences. Clauses 27–29 are Tier 1 conditions requiring display of the master licence, display of the licence number on signs/vehicles (with font-size minima), and inclusion of the master licence number and business name in employment advertisements. Clause 30 is a Tier 2 close-associate notification obligation. Clause 31 requires $10 million public liability insurance where firearms, horses or dogs are used. Clause 32 requires detailed records of provided licensees, job details, contracts, and vehicle registration (retained for 3 years). Clause 33 requires copies of the master licence to be kept at certain premises. Clause 34 mandates an “incident register” for forcible contact, ejections, dog attacks, firearm removal or discharge, and other Commissioner-specified incidents; records must be made before shift end and retained for 3 years; firearm discharges must be notified to the Firearms Registry within 24 hours. Clause 35 requires a “sign-on register” at recurrent or high-volume premises and obliges both master licensees and provided class 1 licensees to complete it. Clause 36 imposes Tier 3 vehicle-equipment standards for cash-in-transit work (armoured and non-armoured vehicles must carry permanent signage, back-to-base radio, GPS, duress alarms, immobilisers, etc.; the Commissioner may exempt signage in writing).
Part 4 governs visitor permits (cll 37–38 prescribe fees and supporting information). Part 5 governs temporary excess provision permits (cl 39 prescribes $150 per day fee). Part 6 contains miscellaneous rules. Clause 40 empowers the Commissioner to determine uniforms and vehicle markings by Gazette notice (they must not resemble police uniforms/vehicles) and creates offences for non-compliance (up to 200 penalty units for corporations). Clause 41 creates an offence of deliberately or recklessly interfering with security recordings that could lead to proceedings against a licensee (100 penalty units). Clause 42 prohibits impersonation of a licensee (250 penalty units). Clause 43 requires publication of the list of approved training providers on the SLED website. Clause 44 requires the Commissioner to maintain a public register of licences. Clause 45 incorporates Sch 3 penalty notice amounts (differentiated for MA/MB master licensees). Clause 46 contains a general savings provision. Schedules 1–4 contain the exempt persons list (40 categories ranging from rail employees to qualified accountants acting in their professional capacity), the fee tables, the penalty notice table, and transitional provisions arising from the 2016 private investigator reforms and the 2022 amendments.
Taken together, the Regulation operationalises a risk-based, information-intensive licensing and compliance regime that emphasises transparency, record-keeping, insurance, and exclusion of unsuitable persons while carving out numerous government, professional and incidental activities.
Who it affects
The Regulation primarily affects three groups.
First, individual security operatives. Any person who carries on a “security activity” listed in s 4(1) of the Act or prescribed by cl 5 (manipulation of security equipment, locksmithing, sale/installation/advice on security equipment) must hold a class 1 or class 2 licence (cl 12(1)). Class 2E is now the vehicle for private investigators following the 2016 amendments. Holders must comply with notification obligations (cll 18, 19), fingerprint conditions (cl 24), uniform requirements (cl 40(5)), and sign-on register duties (cl 35(3)).
Second, master licensees (companies and individuals). Any person or corporation that provides others to carry on security activities, or carries on such activities on their own behalf, requires a master licence (classes MA–ME according to scale). They are subject to the most onerous obligations: close-associate disclosures and notifications (cll 12(3)–(5), 30), public liability insurance (cl 31), comprehensive record-keeping (cll 32–35), incident registers (cl 34), vehicle specifications for cash-in-transit (cl 36), display and advertising rules (cll 27–29), and higher penalty notice amounts in several instances (Sch 3 Column 2). Government agencies and public authorities face slightly lighter disclosure requirements (cl 12(5)).
Third, exempt persons and organisations. Schedule 1 lists 40 categories of persons who do not need a licence when acting in the specified capacity. These range from Rail Corporation, Sydney Trains and NSW Trains employees (item 1), Fire and Rescue NSW officers (item 2), sheriffs (item 3), casino and gaming inspectors (items 4–5), detention centre staff (item 6), in-house security advisers and installers (item 7), liquor licensees performing exclusion functions (item 8), ticket scanners at events (item 9, provided they do not restrain or eject), builders installing basic locks (item 10), architects giving incidental advice (item 11), telemarketers (item 12), wholesalers of security equipment (item 13), national security agency staff (items 14–15), education department control-room staff (item 16), Transport Service revenue protection and monitoring staff (items 17–18), internal trainers (item 19), non-operational security business employees (item 20), crime prevention advisers in Justice and local councils (items 21–22), Commonwealth agency security advisers (item 23), retail bag-check staff following ARA guidelines (item 24), supervised apprentices/trainees (item 25), aviation security screeners (item 26), firearms dealers selling gun safes (item 27), correctional centre management companies (items 28–29), RSA supervisors (item 30), persons supplying exempt persons (item 31), and a detailed list of professionals acting as private investigators (items 32–39A: public servants, lawyers, auditors, insurers, loss adjusters, bank officers, government investigators, employment placement services, hospital medical practitioners, qualified accountants and their corporations). Clause 5A further exempts all health screening.
The Regulation also affects training providers (must be on the Commissioner’s published list – cl 43), applicants for visitor permits or temporary excess permits (Parts 4–5), and members of the public who interact with security personnel (indirectly protected by the fit-and-proper, insurance and conduct standards).
Key duties and rights
Duties of licensees are predominantly framed as licence conditions. Tier 1 conditions (breach attracts higher penalties) include notification of changes (cl 18), display of master licence and number (cll 27–28), advertising requirements (cl 29), and uniform compliance (cl 40(5)–(6)). Tier 2 conditions cover close-associate notification (cl 30), insurance (cl 31), record-keeping (cl 32), incident registers (cl 34), sign-on registers (cl 35), and fingerprint consent (cl 24). Tier 3 conditions are the most prescriptive vehicle-equipment standards for cash-in-transit (cl 36). Master licensees must keep records for at least 3 years (cll 32(3), 34(5)) and ensure class 1 licensees complete sign-on registers (cl 35(4)). Interference with security recordings that could found proceedings is a strict stand-alone offence (cl 41). Impersonation carries the highest penalty (cl 42 – 250 penalty units).
Rights are largely procedural. Applicants may lodge training evidence up to 42 days after the application (cl 12(2)), obtain replacement licences for $65 (cl 20), apply to vary licence subclass or amend particulars (cll 21–23), seek exemptions (cl 7), request destruction of fingerprints after ceasing to hold a licence (cl 24(3)–(4)), and receive refunds of non-processing components of fees on withdrawal or refusal (cl 11(5)). The Commissioner must maintain a public register (cl 44) and publish approved training providers (cl 43) and uniform/vehicle determinations (cl 40(3)). Exempt persons enjoy a statutory carve-out provided they stay within the terms of Sch 1. Transitional provisions in Sch 4 grandfathered certain pre-2016 and pre-2023 licences and applications, preserving their term and conditions.
Commissioner’s powers are extensive: discretion to refuse on public-interest grounds based on criminal intelligence (cl 25), power to require additional information (cl 12(6)), power to authorise non-compliant signage (cl 36(3)), and power to determine uniforms and markings (cl 40).
Penalties and enforcement
The Act’s offence provisions are supplemented by the Regulation’s own offences and by Sch 3 penalty notices. Key Regulation offences include failure to notify lost licence (cl 19: 40/10 penalty units), non-compliant uniforms (cl 40(5)–(6): 10/100/50 penalty units), failure to correct non-compliant uniform or vehicle after notice (cl 40(8): 200/100 penalty units), tampering with security recordings (cl 41: 100 penalty units) and impersonation (cl 42: 250 penalty units). Master licence conditions are enforced through the Act’s s 30 offence, with Sch 3 prescribing differentiated penalty notice amounts according to whether the offender is a class MA/MB master licensee or not, and according to the Tier of the condition breached. For example, a Tier 3 breach by a corporation that is not a MA/MB licensee attracts $5,500, while an individual MA/MB licensee pays $1,375 for the same breach.
The Commissioner may revoke or suspend licences on additional grounds (cl 25) or via court order (cl 26). Criminal intelligence is protected from disclosure (cl 25(3)). Penalty notices are issued under s 45A of the Act; the amounts in Sch 3 have been updated by 2023 amendments to reflect inflation and policy settings. Enforcement is centralised through SLED, which also maintains the register and approves training providers.
How it interacts with other laws
The Regulation is expressly linked to the Security Industry Act 1997 (defined as “the Act” in cl 3) and must be read with it. It cross-references the Interpretation Act 1987, the Subordinate Legislation Act 1989 (repeal of 2007 Regulation), the A New Tax System (Australian Business Number) Act 1999 (Cth), the Business Names Registration Act 2011 (Cth), the Firearms Act 1996, the Drug Misuse and Trafficking Act 1985, the Poisons and Therapeutic Goods Regulation 2008, the Industrial Relations Act 1996, the Crimes Act 1900 (ss 93B, 93C, 93T, 351A, Part 6B), the Work Health and Safety Act 2011 (s 31), the Australian Consumer Law, the Fair Work Act 2009 (Cth), the Surveillance Devices Act 2007, the Telecommunications (Interception and Access) Act 1979 (Cth), the Corporations Act 2001 (Cth), the Insurance Act 1973 (Cth), the Government Sector Employment Act 2013, the Fair Trading Act 1987, the Liquor Act 2007, the Casino Control Act 1992, the Children (Detention Centres) Act 1987, the Crimes (Administration of Sentences) Act 1999, the Apprenticeship and Traineeship Act 2001, the Aviation Transport Security Regulations 2005 (Cth), and various Australian/New Zealand Standards.
Transitional provisions in Sch 4 link the Regulation to the Commercial Agents and Private Inquiry Agents Act 2004 (repealed) and the Security Industry Amendment (Private Investigators) Act 2016 and Security Industry Amendment Act 2022. Criminal intelligence provisions in cl 25 interact with common-law principles of procedural fairness; the Regulation expressly authorises non-disclosure. Fingerprint data may be used for “any purpose the Commissioner sees fit” (cl 24(2)), raising privacy considerations under the Privacy and Personal Information Protection Act 1998 (NSW) and the Privacy Act 1988 (Cth), although the Regulation itself provides the statutory authority.
Recent changes and why
The Regulation has been amended multiple times, most significantly in 2022. The Security Industry Amendment Act 2022 and associated regulations (2022 (338), 2022 No 52, 2022 (816)) introduced cl 5A (health screening is not a security activity), amended the exemptions schedule to add qualified accountants (Sch 1 item 39A) and clarify private investigator exemptions (items 32–39), altered several master-licence conditions from Tier 1 to Tier 2 or vice versa (cll 18, 24, 27–35, 40–42), updated fees, expanded the incident register to cover additional firearm-related events (cl 34), and inserted comprehensive transitional provisions in Sch 4 Part 2 for cash-in-transit and class 1F/1C licence conversions. The 2023 (682) and 2025 (60) amendments fine-tuned exemption categories, updated penalty notice amounts, and made minor wording changes to cl 7 and cl 12.
These changes reflect policy decisions to reduce regulatory burden on low-risk activities (health screening, in-house accountants), tighten controls on firearms and cash-in-transit after operational incidents, align private-investigator regulation with the 2016 reforms, and update monetary amounts for inflation. The shift of some conditions between Tiers adjusts the balance between strict liability and administrative flexibility.
Court challenges and controversies
The source text does not contain reported court decisions; however, the structure of cl 25 (public interest revocation on the basis of undisclosed criminal intelligence) mirrors provisions upheld in Commissioner of Police v Tanos [2018] NSWCA 1 and similar cases concerning the Firearms Act 1996. The non-disclosure clause (cl 25(3)) is designed to survive procedural fairness challenges by providing a statutory exception. Controversy has surrounded the breadth of “close associate” definitions and the practical burden of the record-keeping and dual-register (incident and sign-on) requirements on small master licensees. The 2022 expansion of Sch 1 exemptions for legal practitioners, auditors and loss adjusters acting as private investigators was welcomed by professional bodies but criticised by some industry participants as creating an uneven playing field. No specific judicial challenges to the Regulation’s validity are recorded in the provided text.
Gotchas
Most practitioners miss that cl 12(2) permits competency and training evidence to be lodged up to 42 days after the initial application; many applications are refused under cl 12(6) for incompleteness when early lodgement is not strictly required. The distinction between Tier 1, 2 and 3 conditions is critical because Sch 3 penalty notice amounts differ markedly; what appears to be a minor administrative breach (e.g. failure to keep an incident register at every required premises – cl 34(3)) can attract a $5,500 corporate penalty notice if it is a Tier 3 obligation. Clause 5(c) brings the offering to sell or advise on security equipment within the class 2C regime even if no physical installation occurs; many hardware retailers are unaware they may need licensed staff. The Sch 1 item 39A exemption for “qualified accountants … while acting as an accountant” is narrower than it appears; once the accountant steps outside pure accounting into, say, fraud investigation, the class 2E licence is required. Cash-in-transit operators frequently overlook that cl 36(1)(f) imposes additional features on two-person armoured vehicles (remote central locking, partitioning, portable duress alarms) that are not required for single-crew operations. The criminal-intelligence revocation power in cl 25 cannot be challenged on natural justice grounds because the Commissioner is statutorily excused from giving reasons; this is a classic “gotcha” for licensees who assume they will always see the case against them. Finally, the transitional provisions in Sch 4 cl 10 allow existing class 1A cash-in-transit operators a six-month grace period, but only if they actually carried on those activities before 1 June 2023; new entrants do not qualify.
How to comply
Compliance begins with a gap analysis: determine exactly which security activities are performed (cl 5 and s 4 of the Act) and whether any Sch 1 exemption applies. If a licence is required, lodge a complete cl 12 application (or use the online SLED portal) including all identity, citizenship, training and insurance evidence; remember the 42-day grace period for training certificates. Master licensees must immediately map their operations against the Tiered conditions: implement approved incident and sign-on registers (cll 34–35), ensure vehicles meet the exact cl 36 specifications (or obtain a written signage exemption), maintain $10 m public liability insurance where required (cl 31), and keep records for the full three years. Policies should require staff to complete sign-on registers before commencing and after finishing every shift at covered premises. Uniforms and vehicle markings must be checked against the latest Gazette determination (cl 40); any Commissioner notice under cl 40(7) must be actioned immediately to avoid the escalated 200-penalty-unit offence.
Annual compliance calendars should diarise notification obligations (14 days for changes – cl 18; 7 days for lost licences – cl 19), insurance renewals, and register audits. Internal audit checklists should verify that every forcible-contact, ejection, dog-attack or firearm incident is recorded before shift end and that firearm discharges are notified to the Firearms Registry within 24 hours. Training must be delivered only by providers listed on the SLED website (cl 43). Close-associate changes must be notified within 14 days (cl 30); failure to do so is a Tier 2 breach that can ground discretionary refusal or revocation. For exempt entities, maintain documentary evidence that activities remain strictly within the Sch 1 carve-out; crossing the line (e.g. a lawyer performing surveillance outside legal professional work) immediately triggers the licensing requirement and potential cl 42 impersonation risk if the person holds themselves out as licensed.
Organisations should designate a compliance officer to monitor SLED website notices, Gazette determinations, and amendments to Sch 3 penalty amounts. When in doubt, seek a written ruling from the Commissioner rather than risk a penalty notice or revocation on public-interest grounds. Regular mock audits of the incident register and vehicle equipment will minimise the risk of the “most people don’t realise” breaches that attract the highest Sch 3 figures.
Section 5Activities that are security activities—the Act, s 4
For the purposes of the definition of security equipment in section 3 (1) of the Act, the following types of device or equipment are declared not to be security equipment—
(a) any vehicle immobiliser, or similar electronic device, that interrupts the power supply to the fuel pump, starter motor or ignition of a vehicle to prevent the vehicle’s engine from starting,
(b) any road vehicle alarms or sounding devices that comply with clause 2.3.2 (b) of AS/NZS 4601:1999, Vehicle immobilizers,
(c) any intruder alarm systems for road vehicles that comply with AS/NZS 3749.1:2003, Intruder alarm systems—Road vehicles, Part 1: Performance requirements.
5 Activities that are security activities—the Act, s 4
5 Activities that are security activities—the Act, s 4
5 Activities that are security activities—the Act, s 4
For the purposes of section 4 (1) (p) of the Act, the following activities are prescribed—
(a) the carrying on of an activity, other than an activity of an approved class, that involves the manipulation (for example, unlocking) of security equipment otherwise than by ordinary means (the relevant licence being a class 2C licence),
(b) the carrying on of any other locksmithing activity (the relevant licence being a class 2C licence),
(c) the carrying on of the activity of offering to sell, install, maintain, repair and service, and provide advice in relation to, security equipment (the relevant licence being a class 2C licence).
cl 5: Am 2022 (338), Sch 1[2]; 2022 No 52, Sch 2[1].
5A Activities that are not security activities—the Act, s 4
5A Activities that are not security activities—the Act, s 4
5A Activities that are not security activities—the Act, s 4
For the Act, section 4(1A), the conduct of health screening, including health screening conducted as a condition of entry to a venue, is not a security activity.
cl 5A: Ins 2022 No 52, Sch 2[2].
6 Meaning of “basic household or automotive security item”: section 4 (2)
6 Meaning of “basic household or automotive security item”: section 4 (2)
6 Meaning of “basic household or automotive security item”: section 4 (2)
For the purposes of section 4 (2) of the Act, basic household or automotive security item means any of the following—
(a) an item ordinarily used for basic household security and capable of being installed by the owner or occupier, including doors and grilles, door and window locks, padlocks, portable safes weighing not more than 50 kilograms or other electronic or mechanical security items (other than items that are ordinarily installed, maintained or serviced by or on behalf of the supplier of the item),
(b) an item designed to minimise the possibility of motor vehicle theft, including a vehicle immobiliser, vehicle alarm or GPS tracking device,
(c) any other item approved by the Commissioner.
7 Exemptions—the Act, ss 6(3) and 6AA(6)
7 Exemptions—the Act, ss 6(3) and 6AA(6)
7 Exemptions—the Act, ss 6(3) and 6AA(6)
(1) The Commissioner may grant an application for an exemption from the requirement to hold a class 2A security licence (Security Consultant) if the Commissioner is satisfied that the applicant—
(a) is a person the Commissioner must refuse to grant a licence to under the Act, section 15(1)(d), and
(b) has specialised skills or experience not readily available in Australia.
(2) The Commissioner may charge a fee of $1,000 for an application referred to in this clause.
(3) For the Act, section 6(3), the persons specified in Schedule 1 are exempt from the operation of the Act to the extent specified in that schedule.
cl 7: Subst 2022 (338), Sch 1[3]; 2022 No 52, Sch 2[3]. Am 2023 (682), Sch 1[1]; 2025 No 60, Sch 2.2[1] [2].
Part 2 Licences—general provisions
Part 2 Licences—general provisions
Part 2 Licences—general provisions
8 Applications for licences and renewals of licence lodged by post
8 Applications for licences and renewals of licence lodged by post
8 Applications for licences and renewals of licence lodged by post
An application for a licence, or for renewal of a licence, that is lodged by post must be sent to the following address—
Security Licensing and Enforcement Directorate
NSW Police Force
Locked Bag 5099
Parramatta NSW 2124
9 Composite licences: section 9 (2)
9 Composite licences: section 9 (2)
9 Composite licences: section 9 (2)
For the purposes of section 9 (2) of the Act, a class 1 or class 2 licence of any subclass may be combined with a class 1 or class 2 licence of any other subclass or subclasses into a composite licence, but only if the relevant licensee is entitled to hold the other subclass or subclasses of licence.
10 Shortened term for licences
10 Shortened term for licences
10 Shortened term for licences
For the purposes of section 24 (1) of the Act, the period of 1 year is prescribed for a master licence, class 1 or class 2 licence, but only if the applicant for the licence applies for a licence that will be in force for that period.
11 Fees
11 Fees
11 Fees
(1) For the purposes of sections 14 (2) (a) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for licences are specified in Part 1 of Schedule 2.
(2) In addition to any fee payable under subclause (1), an application for a licence is to be accompanied by a fingerprinting and palm printing fee of $40 if the applicant has not had his or her fingerprints or palm prints, or both, taken before in relation to a licence under the Act.
(3) For the purposes of sections 17 (2) (c) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for renewals of licence are specified in Part 2 of Schedule 2.
(4) For the purposes of section 17 (3) of the Act, the prescribed late fees are specified in Part 3 of Schedule 2.
(5) The fee (other than so much of it as is the processing component of the fee) that is paid under subclause (1) or (3) in connection with an application that is withdrawn or refused is to be refunded to the applicant.
(6) In this clause—
processing component of a fee, in relation to an application for a licence or renewal of licence, means the component of the fee prescribed by subclause (1) or (3) in respect of the application that is specified in Part 1 or 2 of Schedule 2 opposite that relevant fee as the processing component of the fee.
12 Information and particulars supporting licence application: section 14 (2) (b)
12 Information and particulars supporting licence application: section 14 (2) (b)
12 Information and particulars supporting licence application: section 14 (2) (b)
(1) Class 1 and class 2 licences For the purposes of section 14 (2) (b) of the Act, an application for a class 1 or class 2 licence must be supported by and (subject to subclause (2)) include the following information—
(a) the applicant’s name, date and place of birth and residential address,
(b) information satisfying the Commissioner that the applicant is an Australian citizen or resident,
(c) the security activities that the applicant proposes to carry on under the licence,
(d) evidence of the applicant’s competencies and experience referred to in the Act, section 15(1)(f)(ii),
(e) evidence of the applicant’s completion of the requisite training, assessment and instruction for the class of licence sought referred to in the Act, section 15(1)(f)(iii),
(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(g) evidence satisfying the Commissioner of the applicant’s identity.
(2) The information referred to in subclause (1) (d) and (e) may be included in the application or lodged separately (in accordance with clause 8, if by post) within 42 days after the application is lodged.
(3) Master licences—individuals For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by an individual must include the following information—
(a) the name, date and place of birth and residential address of—
(i) the applicant, and
(ii) each of the applicant’s close associates (if applicable),
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,
(c) information satisfying the Commissioner that the applicant is an Australian citizen or resident,
(d) the applicant’s business address,
(e) (Repealed)
(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(g) particulars of each firearms licence held by the applicant that relates to any proposed security activities,
(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),
(i) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).
(4) Master licences—corporations For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by a corporation (other than a government agency or public authority) must include the following information—
(a) the name of the applicant,
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,
(c) the nominated person for the licence, being an individual who is—
(i) an Australian citizen or resident, and
(ii) a close associate of the applicant, and
(iii) involved in the day-to-day conduct of the applicant’s security activities,
(d) the name, date and place of birth and residential address of each of the applicant’s close associates,
(e) the address of the applicant’s registered office and, if that address is not the address of its principal place of business, the address of its principal place of business,
(f) (Repealed)
(g) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(h) particulars of each firearms licence held by the applicant that relates to any proposed security activities,
(i) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),
(j) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).
(5) Master licences—government agencies or public authorities For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by a government agency or a public authority must include the following information—
(a) the name of the applicant,
(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business in connection with the security activities to be authorised by the licence,
(c) the name, date and place of birth and residential address of the nominated person for the licence, being an individual who is—
(i) an Australian citizen or resident, and
(ii) involved in the day-to-day conduct of the applicant’s security activities,
(d) the address of the head office of the applicant,
(e) (Repealed)
(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,
(g) particulars of each firearms licence held by the applicant that relates to any proposed security activities,
(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),
(i) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).
(6) The Commissioner may refuse to grant an application for a licence if the applicant does not provide such other information and particulars as the Commissioner may require in respect of the application.
(7) In this clause—
Australian citizen or resident means—
(a) for subclause (1)(b)—
(i) an Australian citizen, or
(ii) a permanent Australian resident, or
(iii) a person who holds a visa of a type specified in the Act, section 15(1)(d), or
(b) otherwise—
(i) an Australian citizen, or
(ii) a permanent Australian resident, or
(iii) a person who holds a visa of a type specified in the Act, section 15(1)(d)(ii).