40Uniforms 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\[8\] \[9\].