Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Security Industry Regulation 2026.

2 Commencement

2 Commencement

This regulation commences as follows—

(a) for Schedule 4—on 5 November 2026,

(b) otherwise—on 1 September 2026.

Note—

This regulation replaces the Security Industry Regulation 2016, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

In this regulation—

act as a private investigator, for Schedule 1, includes acting in a similar capacity to a private investigator.

Australian Business Number means an ABN (Australian Business Number) within the meaning of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth, section 41.

Australian citizen or resident means—

(a) an Australian citizen, or

(b) a permanent Australian resident, or

(c) in relation to class 1 and class 2 licences—a person who holds a visa of a type specified in the Act, section 15(1)(d)(i) or (ii), or

(d) in relation to master licences—a person who holds a visa of a type specified in the Act, section 15(1)(d)(ii).

class 1 licensee means the holder of a class 1 licence.

class 2 licensee means the holder of a class 2 licence.

qualified accountant, for Schedule 1, means—

(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.

4 Definition of “security equipment”—the Act, s 3(1)

4 Definition of “security equipment”—the Act, s 3(1)

For the Act, section 3(1), definition of security equipment, the following types of device or equipment are declared not to be security equipment—

(a) a 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) a road vehicle alarm or sounding device that complies with AS/NZS 4601:1999, Vehicle immobilizers, clause 2.3.2(b),

(c) an intruder alarm system for road vehicles that complies with AS/NZS 3749.1:2003, Intruder alarm systems—Road vehicles, Part 1: Performance requirements.

5 Security activities—the Act, s 4

5 Security activities—the Act, s 4

(1) For the Act, section 4(1)(p), the following activities are prescribed as security activities—

(a) the carrying on of an activity, other than an activity of an approved class, that involves the manipulation of security equipment otherwise than by ordinary means,

Example—

manipulation may include unlocking

(b) the carrying on of locksmithing activity,

(c) the carrying on of an activity of offering to sell, install, maintain, repair or service, or give advice in relation to, security equipment.

(2) For the Act, section 4(1A), a health screening, including a screening conducted as a condition of entry to a venue, is not a security activity.

6 Meaning of “basic household or automotive security item”—the Act, s 4(2)

6 Meaning of “basic household or automotive security item”—the Act, s 4(2)

For the Act, section 4(2), definition of basic household or automotive security item, a basic household or automotive security item means—

(a) an item ordinarily used for basic household security and capable of being installed by the owner or occupier, including the following—

(i) doors and grilles,

(ii) door and window locks,

(iii) padlocks,

(iv) portable safes weighing no more than 50kg,

(v) other electronic or mechanical security items, other than items ordinarily installed, maintained or serviced by or for the supplier of the item, or

(b) an item designed to minimise the possibility of motor vehicle theft, including a vehicle immobiliser, vehicle alarm or GPS tracking device, or

(c) another 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)

(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 to whom the Commissioner must refuse to grant a licence under the Act, section 15(1)(d), and

(b) has specialised skills or experience not readily available in Australia.

(2) For the Act, section 6AA(6)(b), the prescribed fee for an application referred to in subsection (1) is $1,000.

(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 the schedule.

Part 2 Licences—general provisions

Part 2 Licences—general provisions

8 Applications for licences and renewals of licences lodged by post—the Act, s 48(2)(f)

8 Applications for licences and renewals of licences lodged by post—the Act, s 48(2)(f)

An application for a licence, or for renewal of a licence, 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 Application for replacement licence—the Act, ss 35(2) and 36(3)

9 Application for replacement licence—the Act, ss 35(2) and 36(3)

(1) The Commissioner may issue a replacement licence on payment of the application fee of $65 if satisfied that a licence is—

(a) lost, or

(b) stolen, or

(c) destroyed, or

(d) defaced, or

(e) mutilated, or

(f) illegible.

(2) An application for a replacement licence may be made by lodging an application in the approved form with the Security Licensing and Enforcement Directorate.

10 Discretionary grounds for refusal to grant licence—the Act, s 15(4)

10 Discretionary grounds for refusal to grant licence—the Act, s 15(4)

The Commissioner may refuse to grant an application for a licence if the applicant, or a close associate of the applicant, has, within a period of 3 years before the application for the licence was made, contravened a provision of the Act or the regulations, whether or not the applicant, or close associate of the applicant, has been convicted of an offence in relation to the contravention.

11 Shortened term for licences—the Act, s 24(1)

11 Shortened term for licences—the Act, s 24(1)

A period of 1 year or 3 years is prescribed for the following licences if the applicant for the licence applies for a licence that will be in force for the period—

(a) a master licence,

(b) a class 1 or class 2 licence.

12 Surrender of licence—the Act, s 31

12 Surrender of licence—the Act, s 31

A suspended or revoked licence must immediately be 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 the notice, deliver the licence to a police officer or other approved person,

(b) if a notice specified in paragraph (a) is not 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 the direction.

13 Voluntary surrender of licence—the Act, s 48(2)(e)(i)

13 Voluntary surrender of licence—the Act, s 48(2)(e)(i)

(1) A licensee may voluntarily surrender a licence by providing to the Commissioner, a police officer or other approved person the licence together with a written notice indicating the person’s intention to stop being a licensee.

(2) The surrender of a licence under subsection (1) takes effect 28 days after the date the licensee provides the written notice.

14 Requirement to notify change of licence particulars—the Act, ss 21(3)(b) and (4)(b) and 48(2)(g)

14 Requirement to notify change of licence particulars—the Act, ss 21(3)(b) and (4)(b) and 48(2)(g)

(1) It is a Tier 1 condition of a licence that the holder of the licence must notify the Commissioner, electronically, by post or in another approved way, of a change in the particulars for a licence, including a change of address by the licensee, and of the appropriate new particulars.

Note—

Section 33 requires the holder of a master licence to notify the Commissioner of a change in the particulars relating to the close associates of the licence holder.

(2) The notice must be given within 14 days after the day the change occurs.

15 Requirement to notify lost or damaged licences—the Act, s 48(2)(g)

15 Requirement to notify lost or damaged licences—the Act, s 48(2)(g)

(1) If a licensee becomes aware that the licensee’s licence has been lost, stolen, destroyed, defaced or mutilated or has become illegible, the licensee must notify the Commissioner within 7 days.

Maximum penalty—

(a) for an individual—10 penalty units, or

(b) otherwise—40 penalty units.

(2) The Commissioner is taken to have been notified 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 another way approved by the Commissioner.

16 Requirement to provide fingerprints and palm prints—the Act, s 21(3)(b)

16 Requirement to provide fingerprints and palm prints—the Act, s 21(3)(b)

(1) It is a Tier 2 condition of a licence that the licensee must, if required by the Commissioner, consent to having the licensee’s fingerprints or palm prints, or both, taken by an authorised officer to confirm the licensee’s identity.

(2) A fingerprint or palm print obtained under this section may be used by the Commissioner for any purpose the Commissioner considers appropriate.

(3) A person who formerly held a licence, but is not currently a licensee, may apply to the Commissioner to have the person’s fingerprints or palm prints, or both, and copies of the person’s fingerprints or palm prints, or both, destroyed.

(4) The Commissioner may grant or refuse an application under subsection (3) as the Commissioner considers appropriate.

(5) In this section—

authorised officer has the same meaning as in the Act, section 18.

17 Revocation of licence—additional reasons—the Act, s 26(1)(d)

17 Revocation of licence—additional reasons—the Act, s 26(1)(d)

(1) The Commissioner may revoke a licence if the Commissioner considers it would be contrary to the public interest for the person to whom the licence is granted to continue to hold the licence.

(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 a 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 improper conduct is likely to occur if the person continues to hold the licence, or

(c) causes the Commissioner not to have confidence 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 subsection (2).

18 Revocation or suspension of licence by court—the Act, s 40(1)(c)

18 Revocation or suspension of licence by court—the Act, s 40(1)(c)

The following civil penalties are prescribed—

(a) a civil penalty imposed under the Industrial Relations Act 1996, section 136A, 144H, 144N, 144U or 357,

(b) a pecuniary penalty imposed under the Australian Consumer Law of the Commonwealth, section 224 that relates to a contravention of section 20, 21, 29, 31, 33, 34, 36 or 50 of that Law,

(c) a pecuniary penalty imposed under the Fair Work Act 2009 of the Commonwealth, section 546 that relates to a contravention of that Act.

Part 3 Class 1 and class 2 licences

Part 3 Class 1 and class 2 licences

19 Composite licences—the Act, s 9(2)

19 Composite licences—the Act, s 9(2)

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 if the relevant licensee is entitled to hold the other subclass or subclasses of licence.

20 Information and particulars supporting licence application—the Act, s 14(2)(b)

20 Information and particulars supporting licence application—the Act, s 14(2)(b)

(1) An application for a class 1 or class 2 licence must include the following—

(a) the applicant’s name, date and place of birth and residential address,

(b) evidence satisfying the Commissioner the applicant is an Australian citizen or resident,

(c) the security activities the applicant proposes to carry on under the licence,

(d) evidence satisfying the Commissioner 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) for an application 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 subsection (1)(d) and (e) may be included in the application or lodged separately, in accordance with section 8, if by post, within 42 days after the application is lodged.

Part 4 Master licences

Part 4 Master licences

Division 1 General provision

Division 1 General provision

21 Application for variation of master licence—the Act, s 48(2)(f)

21 Application for variation of master licence—the Act, s 48(2)(f)

(1) The Commissioner may, on the application of the holder of a master licence, vary the subclass of the licence (the old subclass) to another subclass (the new subclass).

(2) If the fee payable under Part 6 for the new subclass is higher than the fee payable under the part for the old subclass, the fee payable on an application under subsection (1) is the difference between the fees.

(3) A master licence varied under this section remains in force only for the term of the licence, unless sooner surrendered or revoked or otherwise ceases to be in force.

Division 2 Information and particulars supporting master licence applications—the Act, s 14(2)(b)

Division 2 Information and particulars supporting master licence applications—the Act, s 14(2)(b)

22 Master licences—individuals

22 Master licences—individuals

An application for a master licence made by an individual must include the following—

(a) the name, date and place of birth and residential address of—

(i) the applicant, and

(ii) if applicable—each of the applicant’s close associates,

(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 the applicant is an Australian citizen or resident,

(d) the applicant’s business address,

(e) for an application for the variation of a licence—the number and expiry date of the existing licence,

(f) particulars of each firearms licence held by the applicant that relates to a proposed security activity,

(g) particulars relating to each employee of the applicant who is authorised to possess or use a firearm during the employee’s employment, including the number of the employee’s firearms licence,

(h) evidence the applicant has obtained public liability insurance as required by section 34, if applicable to the applicant.

23 Master licences—corporations

23 Master licences—corporations

An application for a master licence 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 the address is not the address of the applicant’s principal place of business, the address of the applicant’s principal place of business,

(f) for an application 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 a proposed security activity,

(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm during the employee’s employment, including the number of the employee’s firearms licence,

(i) if applicable to the applicant—evidence the applicant has obtained public liability insurance as required by section 34.

24 Master licences—government agencies or public authorities

24 Master licences—government agencies or public authorities

An application for a master licence made by a government agency or public authority must include the following—

(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 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) for an application for the variation of a licence—the number and expiry date of the existing licence,

(f) particulars of each firearms licence held by the applicant that relates to a proposed security activity,

(g) particulars relating to each employee of the applicant who is authorised to possess or use a firearm during the employee’s employment, including the number of the employee’s firearms licence,

(h) if applicable to the applicant—evidence the applicant has obtained public liability insurance as required by section 34.

25 Commissioner may request other information and particulars—the Act, s 15(4)

25 Commissioner may request other information and particulars—the Act, s 15(4)

The Commissioner may refuse to grant an application for a licence under this division if—

(a) the Commissioner requests other information and particulars from the applicant for the application, and

(b) the applicant does not supply the information and particulars to the Commissioner within a reasonable time.

Division 3 Grounds for refusal to grant master licence—the Act, s 15(4) and (5)

Division 3 Grounds for refusal to grant master licence—the Act, s 15(4) and (5)

26 Mandatory grounds for refusal

26 Mandatory grounds for refusal

(1) The Commissioner must refuse to grant an application for a master licence if the applicant, or a close associate of the applicant—

(a) has, within the period of 3 years before the application for the licence was made, become personally insolvent, unless the Commissioner is satisfied the applicant or close associate took all reasonable steps to avoid the insolvency, or

(b) was, within the period of 3 years before the application for the licence was made, 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 a voluntary winding up, or

(ii) the Commissioner is satisfied the applicant or close associate took all reasonable steps to avoid the liquidation or administration.

(2) In determining the reasonable steps that a person could take to avoid the insolvency, the Commissioner must have regard to the steps the person could have taken when the financial difficulties that led to the insolvency arose.

27 Mandatory grounds for refusal—winding up orders

27 Mandatory grounds for refusal—winding up orders

The Commissioner must refuse to grant an application for a master licence if the applicant—

(a) is a corporation the subject of a winding up order or for which a controller or administrator has been appointed, or

(b) was, within the period of 3 years before the application for the licence was made, a corporation the subject of a winding up order or for which a controller or administrator was appointed.

28 Discretionary grounds for refusal

28 Discretionary grounds for refusal

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 the Australian Consumer Law of the Commonwealth, Chapter 4 that relates to a contravention of that Law, section 29, 31, 33, 34, 36 or 50.

29 References to close associate—the Act, s 15(5)

29 References to close associate—the Act, s 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.

Division 4 Special conditions for master licences—the Act, s 21(3)(b) and (4)(b)

Division 4 Special conditions for master licences—the Act, s 21(3)(b) and (4)(b)

30 Requirement to display master licence

30 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 licensee’s principal place of business.

31 Requirement to display licence number

31 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 subsection (3)—

(a) on a sign representing the business on the licensee’s business premises, and

(b) on a sign on another premises that displays the name or a representation of the business, and

(c) on a vehicle or vessel that displays the name or a representation of the business.

(2) For subsection 1(b) and (c), displaying the name or a representation of the business includes the following—

(a) displaying the name of the business under which the business is carried on,

(b) displaying a logo or other symbol representing the business,

(c) displaying words indicating the premises, vehicle or vessel are used in connection with a security activity authorised by the master licence for the business.

(3) The number of the master licence must be displayed as follows—

(a) “Master Lic.”, “Lic. No”, “M/L” or another approved abbreviation must be followed by the licence number,

(b) the letters and numbers must be—

(i) in sans serif font or otherwise clearly legible, and

(ii) a minimum height of—

(A) for signage on premises—30mm, or

(B) for signage in or on vehicles—15mm, or

(C) for signage in or on vessels—15mm.

32 Job advertisements

32 Job advertisements

(1) It is a Tier 1 condition of a master licence that the licensee must, in an advertisement relating to the employment of persons to perform security activities as employees of the master licensee, include—

(a) the master licensee’s business name, within the meaning of the Business Names Registration Act 2011 of the Commonwealth, or

(b) the proper name of the master licensee and the number of the master licence.

(2) In this section—

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.

33 Requirement to notify changes relating to close associates

33 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 another approved way of—

(a) a change in the particulars relating to close associates included in an application under section 22(a)(ii) or 23(d), and

(b) the name, date and place of birth and residential address of a person who later 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.

34 Public liability insurance—the Act, s 48(2)(h)

34 Public liability insurance—the Act, s 48(2)(h)

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 keep, in an approved form, public liability insurance cover totalling at least $10,000,000.

35 Records required to be kept by master licensees

35 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 the approved way—

(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 the 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 a 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 a website maintained by the Security Licensing and Enforcement Directorate,

(e) the registration number of a vehicle used in connection with the carrying on of security activities.

(2) If the holder of a master licence provides a person to perform a mobile patrol service, it is a Tier 2 condition of the licence that the holder of the licence must ensure—

(a) a record of each patrol visit is kept in the approved way, and

(b) the record of each patrol visit contains details of the name and licence number of the licensee who undertook the patrol visit.

(3) A record required to be kept under this section must be kept for at least 3 years.

36 Copies of licences

36 Copies of licences

It is a Tier 1 condition of a master licence that the holder of the licence must keep a copy of the licence—

(a) at a place of business, other than the holder’s principal place of business, at which the records of the holder of the master licence are kept, and

(b) at 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 premises at which the holder is providing 3 or more class 1 licensees at the same time to carry on security activities, other than mobile patrol and cash in transit security activities.

37 Incident registers—the Act, s 48(2)(e)(iv)

37 Incident registers—the Act, s 48(2)(e)(iv)

(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 the holder must keep a register (an incident register), in the approved way, containing particulars of the following incidents that occur while the class 1 licensee is carrying on the 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—

(i) the licensee removes a firearm from the licensee’s holster, unless the removal is for the purposes of unloading ammunition or for performing maintenance on the firearm, or

(ii) the licensee discharges a firearm, unless the firearm is discharged during training, assessment or instruction,

(e) another 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 a website maintained by the Security Licensing and Enforcement Directorate.

(2) The holder of a master licence must record, or cause to be recorded, the particulars of an incident as soon as practicable after the incident occurs and before a class 1 licensee involved in the incident completes the shift during which the incident occurred.

(3) The incident register must be kept—

(a) at all premises at which the holder of a master licence 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) for mobile patrol and cash in transit security activities and other security activities not carried on at particular premises on a recurrent basis—at the place of business at which the records of the holder of the master licence are kept, and

(c) at all premises at which the holder is providing 3 or more class 1 licensees at the same 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 section.

(5) Each record of an incident required to be recorded in the incident register under this section must be kept in the incident register for at least 3 years.

(6) The requirement to keep a register under this section is in addition to the requirement under section 35 to keep records.

38 Sign-on register

38 Sign-on register

(1) If the holder of a master licence provides one or more 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 master licensee must keep a sign-on register for the premises.

(2) If a master licensee provides 3 or more class 1 licensees to carry on security activities at particular premises at the same time, other than mobile patrol and cash in transit security activities, it is a Tier 2 condition of the master licence that the master licensee must keep a sign-on register for the premises.

(3) If a class 1 licensee carries on security activities referred to in subsection (1) or (2), it is a Tier 2 condition of the class 1 licence that, on each day the class 1 licensee carries on security activities at the premises, the class 1 licensee must complete, in the approved way, the sign-on register kept by the master licensee at the premises before commencing, and immediately following ceasing, carrying on security activities.

(4) If a master licensee must keep a sign-on register at particular premises, it is a Tier 2 condition of the licence that the master licensee must take reasonable steps to ensure that each provided class 1 licensee who carries on security activities at the premises must complete, in the approved way, the sign-on register at the premises for each day on which the provided class 1 licensee carries on security activities.

(5) In this section—

sign-on register, in relation to a master licence that provides class 1 licensees to carry on security activities, means a register, in the approved way, that records—

(a) the class 1 licensee’s name, signature and licence number, and

(b) the day and 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 the class 1 licensee ceased carrying on the security activities, and

(d) 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 a website maintained by the Security Licensing and Enforcement Directorate.

39 Armoured vehicles used for cash in transit activities

39 Armoured vehicles used for cash in transit activities

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 an armoured vehicle used in connection with the 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 AS/NZS 2343:1997, Bullet-resistant panels and elements,

(c) a back-to-base radio with an 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) for an armoured vehicle operated only by a 2-person crew, if both crew members exit the vehicle to deliver cash—

(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 GPS device that allows the vehicle to be remotely tracked,

(iv) portable back-to-base duress alarms,

(v) a system of secure partitioning that allows the crew to enter and exit the vehicle without exposing the crew and restricts access to the vehicle’s cargo by persons other than the crew.

40 Other vehicles used for cash in transit activities

40 Other vehicles used for cash in transit activities

(1) 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 a vehicle, other than an armoured vehicle, used in connection with the 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 the cash in transit is secure,

(c) a back-to-base radio with an 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 GPS device that allows the vehicle to be tracked remotely,

(i) portable back-to-base duress alarms.

(2) 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 subsection (1)(a) to be a vehicle that may be used in the protection of cash in transit.

(3) An authorisation under subsection (2) remains in force for the time specified in the authorisation, unless sooner revoked by the Commissioner.

Part 5 Disqualification of applicants—the Act, s 16(1)

Part 5 Disqualification of applicants—the Act, s 16(1)

41 Offences relating to firearms or weapons

41 Offences relating to firearms or weapons

For the Act, section 16(1)(a) and (b), an offence related to the possession or use of a firearm, another weapon, a firearm part or ammunition, is prescribed if the offence was committed under the law of—

(a) an Australian jurisdiction that disqualifies the person concerned from holding a licence under the Firearms Act 1996, or

(b) an overseas jurisdiction if the offence, had the offence been committed in Australia, would—

(i) be an offence under the law of an Australian jurisdiction, and

(ii) disqualify the person from holding a licence under the Firearms Act 1996.

42 Offences relating to certain substances

42 Offences relating to certain substances

For the Act, section 16(1)(a) and (b), an offence related to a psychoactive substance, prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008, committed under the following is prescribed—

(a) the law of an Australian jurisdiction,

(b) the law of an overseas jurisdiction if the offence, had the offence been committed in Australia, would be an offence under the law of an Australian jurisdiction.

43 Offences involving assault

43 Offences involving assault

(1) For the Act, section 16(1)(a), an offence under the law of an Australian or overseas jurisdiction involving assault of any description, being an offence in which the penalty imposed includes one or more of the following, is prescribed—

(a) a term of imprisonment, whether or not suspended,

(b) an intensive correction order,

(c) a community correction order,

(d) a conditional release order,

(e) a good behaviour bond,

(f) a community service order,

(g) a penalty of $200 or more.

(2) For the Act, section 16(1)(b), an offence under the law of an Australian or overseas jurisdiction involving assault of any description is prescribed if the offence involves an assault of a serious nature.

44 Offences involving fraud, dishonesty or stealing

44 Offences involving fraud, dishonesty or stealing

For the Act, section 16(1)(a) and (b), an offence under the law of an Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in which the maximum penalty is, had the offence been committed under the law of an Australian jurisdiction, imprisonment for 3 months or more, is prescribed.

45 Offences involving robbery

45 Offences involving robbery

For the Act, section 16(1)(a) and (b), an offence under the law of any Australian or overseas jurisdiction involving robbery, whether armed or otherwise, is prescribed.

46 Offences relating to industrial relations matters

46 Offences relating to industrial relations matters

(1) For the Act, section 16(1)(a) and (b), an offence under the following is prescribed—

(a) the Industrial Relations Act 1996 or a similar law of another Australian jurisdiction,

(b) the Fair Work Act 2009 of the Commonwealth.

(2) This section only applies for an application for a master licence or for the renewal of a master licence, and only if a total of at least 5 offences specified in subsection (1), whether of the same or a different kind, have been committed by the applicant during a period of 2 years.

47 Offences relating to riot

47 Offences relating to riot

For the Act, section 16(1)(a) and (b), an offence under the Crimes Act 1900, section 93B or a similar offence under the law of another Australian or overseas jurisdiction is prescribed.

48 Offences relating to affray

48 Offences relating to affray

For the Act, section 16(1)(a) and (b), an offence under the Crimes Act 1900, section 93C or a similar offence under the law of another Australian or overseas jurisdiction is prescribed.

49 Offences involving stalking or intimidation

49 Offences involving stalking or intimidation

For the Act, section 16(1)(a) and (b), an offence under the law of an Australian or overseas jurisdiction involving stalking or intimidation is prescribed.

50 Offences relating to domestic violence

50 Offences relating to domestic violence

For the Act, section 16(1)(a) and (b), the following offences relating to domestic violence are prescribed—

(a) a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, section 11,

(b) an offence recorded under the Crimes (Domestic and Personal Violence) Act 2007, section 12 as a domestic violence offence.

51 Offences relating to gross negligence or reckless conduct at workplace

51 Offences relating to gross negligence or reckless conduct at workplace

For the Act, section 16(1)(a) and (b), an offence under the Work Health and Safety Act 2011, section 31 or a similar offence under the law of another Australian or overseas jurisdiction is prescribed.

52 Offences relating to terrorism

52 Offences relating to terrorism

For the Act, section 16(1)(a) and (b), the following offences relating to terrorism are prescribed—

(a) an offence under the Crimes Act 1900, Part 6B,

(b) an offence under Part 5.3 or 5.3A of the Criminal Code set out in the schedule to the Criminal Code Act 1995 of the Commonwealth,

(c) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in paragraph (a) or (b).

53 Offences involving organised criminal groups and recruitment

53 Offences involving organised criminal groups and recruitment

For the Act, section 16(1)(a) and (b), an offence under the Crimes Act 1900, section 93T or 351A or a similar offence under the law of another Australian or overseas jurisdiction is prescribed.

54 Offences affecting private investigators

54 Offences affecting private investigators

(1) For the Act, section 16(1)(a) and (b), the following offences are prescribed offences, whether or not committed in New South Wales—

(a) an offence under the Surveillance Devices Act 2007, Part 2, or a similar offence under the law of another Australian jurisdiction,

(b) an offence under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.

(2) This section only applies for an application for a class 2E licence.

55 Prescribed civil penalties

55 Prescribed civil penalties

(1) For the Act, section 16(1)(c), the following civil penalties are prescribed—

(a) a civil penalty imposed under the Industrial Relations Act 1996, section 136A, 144H, 144N, 144U or 357,

(b) a pecuniary penalty imposed under the Australian Consumer Law of the Commonwealth, section 224 that relates to a contravention of section 20, 21, 29, 31, 33, 34, 36 or 50 of that law,

(c) a pecuniary penalty imposed under the Fair Work Act 2009 of the Commonwealth, section 546 that relates to a contravention of that Act.

(2) This section only applies for an application for a master licence or for the renewal of a master licence and only if a total of at least 5 penalties specified in subsection (1), whether of the same or a different kind, have been imposed during a period of 2 years.

Part 6 Licence fees—the Act, s 48(2)(i)

Part 6 Licence fees—the Act, s 48(2)(i)

56 Applications for licences—the Act, s 14(2)(a)

56 Applications for licences—the Act, s 14(2)(a)

(1) The prescribed fees for an application for a licence are specified in Schedule 2, Part 1.

(2) If an applicant is required by the Commissioner to confirm the applicant’s identity under the Act, section 18(2)—the prescribed fee for fingerprinting or palm printing for an application for a licence under subsection (1) is $40.

57 Applications for renewals of licences—the Act, s 17(2)(c) and (3)

57 Applications for renewals of licences—the Act, s 17(2)(c) and (3)

(1) The prescribed fees for an application for the renewal of a licence are specified in Schedule 2, Part 2.

(2) The prescribed late fees for an application for the renewal of a licence are specified in Schedule 2, Part 3.

58 Application for licence variation

58 Application for licence variation

The prescribed fee for an application under the Act, section 27 for the variation of a class 1 or class 2 licence is $80.

Note—

The fee for an application for the variation of a master licence is set out in section 21(2).

59 Application for amendment of licence

59 Application for amendment of licence

An application to amend the following information relating to a licence, not being an application to vary a licence under the Act, section 27, must be accompanied by a fee of $65—

(a) change of licensee name,

(b) for a master licence—change of close associates,

(c) for a master licence—change of registered business names.

60 Refund of fees

60 Refund of fees

(1) A fee, other than the processing component of the fee, paid under this part for an application that is withdrawn or refused must be refunded to the applicant.

(2) In this section—

processing component of a fee, in relation to an application for a licence or renewal of a licence, means the component of a fee prescribed by section 56 or 57 specified in Schedule 2, Part 1, table, Column 4 or Part 2, table, Column 4.

Part 7 Visitor permits—the Act, ss 39D(2) and 48(2)(j)

Part 7 Visitor permits—the Act, ss 39D(2) and 48(2)(j)

61 Fee for visitor permit application

61 Fee for visitor permit application

The prescribed fee to accompany an application for a visitor permit is—

(a) for an individual—$40, or

(b) otherwise—$150 for each day or part of a day within the period of a proposed special event for which the visitor permit is sought.

62 Information and particulars to accompany visitor permit application

62 Information and particulars to accompany visitor permit application

(1) An application for a visitor permit 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) An application for a visitor permit made by a corporation must include the following information—

(a) the applicant’s name,

(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 the address is not the applicant’s principal place of business, the address of the applicant’s principal place of business,

(d) the security activities the applicant proposes to carry on 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 8 Miscellaneous provisions

Part 8 Miscellaneous provisions

63 Fee for temporary excess provision of services permit application—the Act, s 40A(2)

63 Fee for temporary excess provision of services permit application—the Act, s 40A(2)

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.

64 Uniforms and vehicle markings—the Act, s 48(2)(e1) and (3)

64 Uniforms and vehicle markings—the Act, s 48(2)(e1) and (3)

(1) The Commissioner may determine the following—

(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,

(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) A determination made under subsection (1) must provide that the relevant uniforms and vehicles cannot resemble the uniforms of police officers or marked vehicles of the NSW Police Force.

(3) A determination made under subsection (1) must be published in the Gazette by the Commissioner and takes effect on the day the determination is published or on a later day specified in the determination.

(4) A determination made under subsection (1) may be varied or revoked by a further determination of the Commissioner.

(5) If a determination made under subsection (1) provides for the wearing of a uniform in connection with the carrying on of a security activity, a person must, when carrying on the activity, wear a uniform that complies with the determination for the activity.

Maximum penalty—10 penalty units.

(6) If a determination made under subsection (1) 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 the activity must ensure the person, while carrying on the activity, wears a uniform that complies with the determination for the activity.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) otherwise—100 penalty units.

(7) The Commissioner may, by written notice to a person or to the employer of a person, advise the following—

(a) the character or design of the uniform worn by the person, because of some feature specified in the notice, does not comply with the relevant determination,

(b) the vehicle used by the person, because of some marking or feature specified in the notice, does not comply with the relevant determination.

(8) A person advised under subsection (7) in relation to a uniform or vehicle must not wear the uniform or use the vehicle, or permit the person’s employees to wear the uniform or use the vehicle, until the marking or feature that does not comply with the relevant determination has been corrected or removed.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) otherwise—200 penalty units.

65 Offence of destroying security recordings—the Act, s 48(2)(g) and (3)

65 Offence of destroying security recordings—the Act, s 48(2)(g) and (3)

(1) A person who deliberately or recklessly destroys, edits, alters, erases or otherwise interferes with a security recording that relates to an incident involving a licensee performing the licensee’s duties that would likely lead to criminal or disciplinary proceedings against the licensee is guilty of an offence.

Maximum penalty—100 penalty units.

(2) A person does not commit an offence under this section if the person destroys, edits, alters, erases or otherwise interferes with a security recording after criminal or disciplinary proceedings relating to the recording have been finalised.

(3) In this section—

security recording means a digital or other photographic recording, including the recording of sounds, created for purposes associated with the carrying on of a security activity or for the protection of property or persons.

66 Offence of impersonating a licensee—the Act, s 48(2)(g) and (3)

66 Offence of impersonating a licensee—the Act, s 48(2)(g) and (3)

A person must not impersonate a licensee or falsely represent that the person is a licensee.

Maximum penalty—250 penalty units.

67 Publication of approved training, assessment and instruction—the Act, s 48(2)(b)

67 Publication of approved training, assessment and instruction—the Act, s 48(2)(b)

(1) A list of persons or organisations approved from time to time by the Commissioner for the Act, section 27A must be published on a website maintained by the Security Licensing and Enforcement Directorate.

(2) The Commissioner must give written notice to a person or organisation removed from the list of approved persons or organisations as soon as practicable after the person or organisation is removed.

68 Register—the Act, s 48(2)(a)

68 Register—the Act, s 48(2)(a)

(1) The Commissioner must keep a register of licences issued under the Act.

(2) The register must include the following in relation to each licence—

(a) the name of the person to whom the licence is issued,

(b) if applicable—the Australian Business Number of the person to whom the licence is issued,

(c) the nominated person for the licence, if any, as referred to in section 23(c) or 24(c),

(d) the number of the licence,

(e) the class or subclass of the licence,

(f) the date of expiry of the licence,

(g) the current status of the licence,

(h) other particulars the Commissioner considers appropriate.

(3) The Commissioner must ensure the information contained in the register is available to the public on a NSW Government website.

(4) The Commissioner may determine the way in which the information is made available under this section.

(5) The Commissioner may arrange for an error in or omission from the register to be corrected.

69 Penalty notices—the Act, s 45A

69 Penalty notices—the Act, s 45A

(1) For the Act, section 45A—

(a) each offence created by a provision specified in Schedule 3 is an offence for which a penalty notice may be issued, and

(b) the amount payable for the penalty notice is the amount specified opposite the provision.

(2) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict the provision’s operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if the offence is of the specified kind or committed in the specified circumstances.

70 Savings

70 Savings

An act, matter or thing that, immediately before the repeal of the Security Industry Regulation 2016, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Exempt persons

Schedule 1 Exempt persons

section 7(3)

Sch 1 s 1

1

Persons employed by Transport Asset Manager of New South Wales, Sydney Trains, NSW Trains or Sydney Metro for the purpose of undertaking security activities, other than contract security guards who are engaged to perform watch and guard duty at Transport Asset Manager of New South Wales, Sydney Trains, NSW Trains or Sydney Metro properties, but only to the extent to which the persons act in that capacity.

Sch 1 s 2

2

Authorised fire officers under the control of Fire and Rescue NSW or a local council or similar body, but only to the extent to which the officers act in that capacity.

Sch 1 s 3

3

Persons employed in the NSW Sheriff’s Office, Department of Communities and Justice, but only to the extent to which the persons act in that capacity.

Sch 1 s 4

4

The NSW Independent Casino Commission, but only to the extent to which the Commission exercises functions under the Casino Control Act 1992, section 141.

Sch 1 s 5

5

Inspectors appointed under the Gaming and Liquor Administration Act 2007, section 20, but only to the extent to which the inspectors act in that capacity.

Sch 1 s 6

6

Persons employed at a detention centre within the meaning of the Children (Detention Centres) Act 1987, but only to the extent to which the persons act in that capacity.

Sch 1 s 7

7

Persons who, during the persons’ employment with an employer who is not conducting a business in the security industry—

(a) give internal advice, but carry on no other type of security activity, in relation to security matters concerning the employer’s business, including providing internal advice to a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the employer, but only to the extent to which the persons act in that capacity, or

(b) install, maintain, repair or service internal security equipment, but carry on no other type of security activity, in connection with the employer’s business, but only to the extent to which the persons act in that capacity.

Sch 1 s 8

8

Licensees under the Liquor Act 2007 and employees who perform activities relating to the exclusion of persons from licensed premises as authorised by that Act, other than an employee employed for the purposes of carrying on security activities, but only to the extent to which the licensee or employee acts in that capacity.

Sch 1 s 9

9

Persons who inspect, examine or scan tickets or other documents, other than for the purpose of determining a person’s age, relating to the entry or admission of persons to premises, whether licensed or not, or who otherwise screen the entry of persons to premises, but not with a dog, for the purpose of a function, sporting or other event or entertainment, but only to the extent to which the persons act in that capacity and do not physically restrain or eject persons from, or prevent entry to, the premises.

Sch 1 s 10

10

Persons engaged in the building and construction industry or who provide basic home maintenance services who, while providing building activities or maintenance services, install, or engage persons to install, basic security equipment such as locks, but only to the extent to which the persons do so in the course of building activities or maintenance services.

Sch 1 s 11

11

Architects, engineers and other persons engaged in the building and construction industry who, while providing relevant services, give incidental advice on basic security equipment, but only to the extent to which the persons give the advice.

Sch 1 s 12

12

Persons engaged in the selling of the equipment, methods, principles or services referred to in the Act, section 4(1)(e) by making telephone calls to seek out persons who may be prepared to enter, as consumers, into contracts for the supply of the equipment, methods, principles or services, but only to the extent to which the persons act in that capacity.

Sch 1 s 13

13

Persons who sell, by wholesale, other than directly to the public, only, equipment referred to in the Act, section 4(1)(e), but only to the extent to which the persons sell the equipment.

Sch 1 s 14

14

Persons employed by or in a government agency, whether of this State, of the Commonwealth or of another State or Territory, who exercise functions in relation to national security, but only to the extent to which the persons carry on national security duties during the persons’ employment.

Sch 1 s 15

15

Officers and employees of the Australian Security Intelligence Organisation, but only to the extent to which the officers and employees are exercising functions under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.

Sch 1 s 16

16

Persons employed in the Department of Education who perform control room or centre monitoring operations solely for the Department, but only to the extent to which the persons act in that capacity.

Sch 1 s 17

17

Persons employed in the Transport Service of New South Wales for the purposes of revenue protection activities, but only to the extent to which the persons carry on the duties during the persons’ employment.

Sch 1 s 18

18

Persons employed in the Transport Service of New South Wales whose duties include observing, watching and guarding, by electronic means, State Transit Authority properties, but only to the extent to which the persons carry on the duties during the persons’ employment.

Sch 1 s 19

19

Persons employed by an operator who has entered into a passenger service contract with Sydney Metro under the Passenger Transport Act 2014 for the provision of a metro public passenger service, whose duties include observing, watching and guarding, by electronic means, Sydney Metro properties, but only to the extent to which the persons carry on the duties during the persons’ employment.

Sch 1 s 20

20

Persons employed in the Transport Service of New South Wales or by Transport Asset Manager of New South Wales whose duties include providing training in and assessment of security activities, other than persons engaged from external sources by the entities to provide security training, but only to the extent to which the persons carry on the duties during the persons’ employment.

Sch 1 s 21

21

Persons employed in a security business who do not perform security activities.

Sch 1 s 22

22

Persons employed in the Department of Communities and Justice whose duties include advising on crime prevention strategies or community safety work, but only to the extent to which the persons carry on the duties during the persons’ employment.

Sch 1 s 23

23

Persons employed by or in a local council whose duties include advising on crime prevention strategies or community safety work, but only to the extent to which the persons carry on the duties during the persons’ employment.

Sch 1 s 24

24

Persons employed by or in a Commonwealth government agency who give security advice to the government agency in connection with the functions of the agency by or in which the persons are employed, but only to the extent to which the persons give the advice.

Sch 1 s 25

25

Persons employed in the retail industry who, during the persons’ employment, conduct customer bag checks, but only bag checks carried on in accordance with guidelines sponsored by the Australian Retail Council and endorsed by NSW Fair Trading and only to the extent to which the persons act in that capacity.

Sch 1 s 26

26

Apprentices or trainees, within the meaning of the Apprenticeship and Traineeship Act 2001, while carrying on security activities of a type that may be authorised under a class 2 licence during the apprenticeship or training with a person who is the holder of a licence authorising the person to carry on the security activities, but—

(a) not if the apprentice or trainee would be refused a licence under the Act, section 16, and

(b) if the apprentice or trainee is a first year apprentice or trainee, only while the apprentice or trainee is directly supervised by a holder of a licence authorising the holder to carry on the security activities.

A first year apprentice or trainee is a person recognised by the Department of Education as a first year apprentice or a first year trainee under the Apprenticeship and Traineeship Act 2001.

Sch 1 s 27

27

Persons employed by providers of domestic air services or international air services, within the meaning of the Aviation Transport Security Regulations 2005 of the Commonwealth, and who conduct pre-flight searches of aircraft for security purposes, but only to the extent to which the persons act in that capacity.

Sch 1 s 28

28

Firearms dealers, within the meaning of the Firearms Act 1996, who sell equipment referred to in the Act, section 4(1)(e), being a safe or vault for firearms, but only to the extent to which the dealers act in that capacity.

Sch 1 s 29

29

Management companies or submanagement companies engaged to manage or assist in the management of a correctional centre under the Crimes (Administration of Sentences) Act 1999, Part 12, but only to the extent to which the companies act in that capacity.

Sch 1 s 30

30

Persons employed by a management company or submanagement company engaged to manage or assist in the management of a correctional centre under the Crimes (Administration of Sentences) Act 1999, Part 12, and who are authorised under section 240 of that Act, but only to the extent to which the persons act in that capacity.

Sch 1 s 31

31

Persons employed or engaged for the purposes of carrying on RSA supervisory duties, within the meaning of the Liquor Regulation 2018, on licensed premises, within the meaning of the Liquor Act 2007, but only to the extent to which the persons carry on the duties and do not physically restrain or eject persons from, or prevent entry to, the premises.

Sch 1 s 32

32

Persons who provide other persons to carry on security activities for which the other persons are exempt from the operation of the Act, but only in relation to providing the other persons to carry on the security activities for which the other persons are exempt.

Sch 1 s 33

33

A member of staff or employee of the Public Service or a public authority of New South Wales, another State or Territory or the Commonwealth to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 34

34

A law practice, an Australian legal practitioner or a person undertaking practical legal training under the supervision of an Australian legal practitioner to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 35

35

A registered company auditor, within the meaning of the Corporations Act 2001 of the Commonwealth, to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 36

36

A general insurer within the meaning of the Insurance Act 1973 of the Commonwealth, a person carrying on the business of an insurance loss adjuster for a general insurer (a loss adjuster), or an employee of a general insurer or loss adjuster to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 37

37

An officer or employee of an authorised deposit-taking institution to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 38

38

A person conducting an investigation in relation to employees or staff for a government sector agency within the meaning of the Government Sector Employment Act 2013 to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 39

39

A person providing employment placement services within the meaning of the Fair Trading Act 1987, section 48 to the extent the person, in that capacity, acts as a private investigator.

Sch 1 s 40

40

A person employed as a registered health practitioner at a hospital and acting in that capacity.

Sch 1 s 41

41

A member of staff of the following, but only to the extent to which the staff member, in that capacity, screens persons seeking entry to a hospital or other health facility, and monitors persons’ behaviour at the hospital or other health facility, but is not employed or engaged as a security officer, senior security officer or health and security assistant—

(a) the NSW Health Service,

(b) a public health organisation within the meaning of the Health Services Act 1997,

(c) a public hospital within the meaning of the Health Services Act 1997,

(d) a private health facility within the meaning of the Private Health Facilities Act 2007.

Sch 1 s 42

42

A qualified accountant, but only while acting as an accountant.

Sch 1 s 43

43

A corporation providing accounting services with a qualified accountant who is acting as an accountant.

Schedule 2 Fees

Schedule 2 Fees

Part 6

Sch 2 Part 1 Licence fees

Part 1 Licence fees

| Column 1 | Column 2 | Column 3 | Column 4 | | Licence class | Term of licence | Fee | Processing component of fee | | Class 1 or class 2 | 1 year | $160 | $120 | | | 3 years | $400 | $120 | | | 5 years | $640 | $120 | | Class MA | 1 year | $160 | $120 | | | 3 years | $400 | $120 | | | 5 years | $640 | $120 | | Class MB | 1 year | $410 | $120 | | | 3 years | $1,025 | $120 | | | 5 years | $1,640 | $120 | | Class MC | 1 year | $1,250 | $200 | | | 3 years | $3,125 | $200 | | | 5 years | $5,000 | $200 | | Class MD | 1 year | $2,800 | $360 | | | 3 years | $7,000 | $360 | | | 5 years | $11,200 | $360 | | Class ME | 1 year | $5,225 | $480 | | | 3 years | $13,062.50 | $480 | | | 5 years | $20,900 | $480 |

Sch 2 Part 2 Licence renewal fees

Part 2 Licence renewal fees

| Column 1 | Column 2 | Column 3 | Column 4 | | Licence class | Term of licence | Fee | Processing component of fee | | Class 1 or class 2 | 1 year | $140 | $80 | | | 3 years | $350 | $80 | | | 5 years | $560 | $80 | | Class MA | 1 year | $140 | $80 | | | 3 years | $350 | $80 | | | 5 years | $560 | $80 | | Class MB | 1 year | $375 | $80 | | | 3 years | $937.50 | $80 | | | 5 years | $1,500 | $80 | | Class MC | 1 year | $1,200 | $120 | | | 3 years | $3,000 | $120 | | | 5 years | $4,800 | $120 | | Class MD | 1 year | $2,725 | $240 | | | 3 years | $6,812.50 | $240 | | | 5 years | $10,900 | $240 | | Class ME | 1 year | $5,125 | $360 | | | 3 years | $12,812.50 | $360 | | | 5 years | $20,500 | $360 |

Sch 2 Part 3 Late fees

Part 3 Late fees

| Column 1 | Column 2 | Column 3 | | Licence class | Term of licence | Fee | | Class 1 or class 2 | 1 year | $20 | | | 3 years | $50 | | | 5 years | $80 | | Class MA | 1 year | $20 | | | 3 years | $50 | | | 5 years | $80 | | Class MB | 1 year | $35 | | | 3 years | $87.50 | | | 5 years | $140 | | Class MC | 1 year | $50 | | | 3 years | $125 | | | 5 years | $200 | | Class MD | 1 year | $75 | | | 3 years | $187.50 | | | 5 years | $300 | | Class ME | 1 year | $100 | | | 3 years | $250 | | | 5 years | $400 |

Schedule 3 Penalty notice offences

Schedule 3 Penalty notice offences

section 69

| 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)—if the offence is committed by a corporation and the offender does not hold a master licence | — | $11,000 | | Section 7(1)—if the offence is committed by an individual and the offender does not hold a master licence | — | $5,500 | | Section 7(1)—if—(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)—if—(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)—if the offence is committed by a corporation | $550 | $2,200 | | Section 27A(3)—if the offence is committed by an individual | $275 | $1,100 | | Section 29B(1) | — | $2,750 | | Section 30—if the offence is a contravention of a Tier 1 condition by a corporation | $275 | $1,100 | | Section 30—if the offence is a contravention of a Tier 1 condition by an individual | $135 | $550 | | Section 30—if the offence is a contravention of a Tier 2 condition by a corporation | $550 | $2,200 | | Section 30—if the offence is a contravention of a Tier 2 condition by an individual | $275 | $1,100 | | Section 30—if the offence is a contravention of a Tier 3 condition by a corporation | $1,375 | $5,500 | | Section 30—if the offence is a contravention of a Tier 3 condition by an individual | $685 | $2,750 | | Section 31—if the offence is committed by a corporation | $550 | $2,200 | | Section 31—if the offence is committed by an individual | $275 | $1,100 | | Section 32(1)—if the offence is committed by a corporation | — | $5,500 | | Section 32(1)—if the offence is committed by an individual | — | $2,750 | | Section 32(2)—if the offence is committed by a corporation | $275 | $1,100 | | Section 32(2)—if the offence is committed by an individual | $135 | $550 | | Section 33(1)—if the offence is committed by a corporation | $1,375 | $5,500 | | Section 33(1)—if the offence is committed by an individual | $685 | $2,750 | | Section 33(2)—if the offence is committed by a corporation | $550 | $2,200 | | Section 33(2)—if 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—if the offence is committed by a corporation | $550 | $2,200 | | Section 37—if the offence is committed by an individual | $275 | $1,100 | | Section 38(1) | $110 | $440 | | Section 38A(1)—if the offence is committed by a corporation | $1,375 | $5,500 | | Section 38A(1)—if the offence is committed by an individual | $685 | $2,750 | | Section 38A(2)—if the offence is committed by a corporation | $550 | $2,200 | | Section 38A(2)—if the offence is committed by an individual | $275 | $1,100 | | Section 38C(1) | — | $1,100 | | Section 39(1)—if the offence is committed by a corporation | $2,750 | $11,000 | | Section 39(1)—if the offence is committed by an individual | $1,375 | $5,500 | | Section 39A(1) and (2)—if the offence is committed by a corporation | $1,375 | $5,500 | | Section 39A(1) and (2)—if the offence is committed by an individual | $685 | $2,750 | | Section 39B—if the offence is committed by a corporation | $275 | $1,100 | | Section 39B—if the offence is committed by an individual | $135 | $550 | | Section 39F—if the offence is committed by a corporation | — | $2,200 | | Section 39F—if 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 | | Offences under this regulation | | Section 15(1)—if the offence is committed by a corporation | $110 | $440 | | Section 15(1)—if the offence is committed by an individual | $25 | $110 | | Section 64(5) | — | $110 | | Section 64(6)—if the offence is committed by a corporation | $275 | $1,100 | | Section 64(6)—if the offence is committed by an individual | $135 | $550 | | Section 64(8)—if the offence is committed by a corporation | $550 | $2,200 | | Section 64(8)—if the offence is committed by an individual | $275 | $1,100 | | Section 66 | $685 | $2,750 |

Schedule 4 Amendment of Security Industry Regulation 2026

Schedule 4 Amendment of Security Industry Regulation 2026

Sch 4 s 1 Section 42 Offences relating to certain substances

[1] Section 42 Offences relating to certain substances

Omit “prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008”.

Insert instead “Schedule 4D substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2022”.