What it does
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 Clause 2 provides that it commenced on 1 September 2016 and repealed the Security Industry Regulation 2007.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.