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

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