PRIVATE SECURITY (SECURITY FIRMS) REGULATIONS 1998

NORTHERN TERRITORY OF AUSTRALIA PRIVATE SECURITY (SECURITY FIRMS) REGULATIONS 1998 As in force at 25 March 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Disqualifying offences ...................................................................... 1 4 Information to be provided by applicant ........................................... 2 5 Fees ................................................................................................ 2 6 Offences .......................................................................................... 4 ENDNOTES -- 1 of 10 -- -- 2 of 10 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 25 March 2024 ____________________ PRIVATE SECURITY (SECURITY FIRMS) REGULATIONS 1998 Regulations under the Private Security Act 1995 1 Citation These Regulations may be cited as the Private Security (Security Firms) Regulations 1998. 2 Disqualifying offences For the definition of disqualifying offence in section 3 of the Act, the following offences are prescribed in relation to a security firm's licence: (a) an offence against section 69, 156, 160, 165, 166, 177, 181, 182, 186, 188(2), 188A, 189A, 189, 193, 193B, 194, 195, 196, 208H, 208HA, 208HB, 208J, 208JA, 208JB, 208JC, 208JD, 208JE, 208JF, 208JG, 218, 226, 228AH, 228AK, 228AO, 228C, 228D, 228E, 236B, 243(1) or 260 of the Criminal Code; (b) an offence against section 188(1) of the Criminal Code where a circumstance of aggravation as specified in subsection (2) exists; (c) an offence against section 217 of the Criminal Code where a custodial sentence is imposed that is wholly or partially served; (ca) an offence against section 132, 188(2)(k), 192 or 192B of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023; (cb) an offence against section 211, 212, 227, 228, 229, 231 or 233 of the Criminal Code as in force before the commencement of the Criminal Code Amendment (Property Offences) Act 2022; -- 3 of 10 -- Private Security (Security Firms) Regulations 1998 2 (cc) an offence against section 210 of the Criminal Code as in force before the commencement of the Criminal Code Amendment (Property Offences) Act 2022 in relation to which a custodial sentence is imposed that is wholly or partially served; (d) an offence against section 59, 61, 63A, 74, 77, 82, 83, 84, 85 or 86 of the Firearms Act 1997; (e) an offence against Part II, Division 1 of the Misuse of Drugs Act 1990; (f) an offence against section 6, 7, 8 or 9 of the Weapons Control Act 2001; (g) an offence against a law of the Commonwealth where the penalty for the offence is imprisonment for 2 years or more. 4 Information to be provided by applicant For the purposes of section 14(5) of the Act, the following information is prescribed in relation to an application for a security firm's licence: (a) 2 identical current passport-sized photographs; and (b) the fingerprints of, where the applicant is: (i) a natural person – the applicant; (ii) a partnership – each partner in the partnership; or (iii) a corporation – each officer, within the meaning of section 17(1) of the Act, of the corporation. 5 Fees (1) For section 18(6) of the Act, the fee for granting a security firm's licence is: (a) if the applicant is a natural person: (i) 620 revenue units – if the licence is granted for one year; or (ii) 930 revenue units – if the licence is granted for 2 years; or (iii) 1 096 revenue units – if the licence is granted for 3 years; or -- 4 of 10 -- Private Security (Security Firms) Regulations 1998 3 (b) if the applicant is a partnership: (i) 620 revenue units for each partner – if the licence is granted for one year; or (ii) 930 revenue units for each partner – if the licence is granted for 2 years; or (iii) 1 096 revenue units for each partner – if the licence is granted for 3 years; or (c) if the applicant is a corporation: (i) 1 239 revenue units – if the licence is granted for one year; or (ii) 1 794 revenue units – if the licence is granted for 2 years; or (iii) 2 143 revenue units – if the licence is granted for 3 years. (2) For section 24(2) of the Act, the fee for renewing a security firm's licence is: (a) if the applicant is a natural person: (i) 620 revenue units – if the licence is renewed for one year; or (ii) 930 revenue units – if the licence is renewed for 2 years; or (iii) 1 096 revenue units – if the licence is renewed for 3 years; or (b) if the applicant is a partnership: (i) 620 revenue units for each partner – if the licence is renewed for one year; or (ii) 930 revenue units for each partner – if the licence is renewed for 2 years; or (iii) 1 096 revenue units for each partner – if the licence is renewed for 3 years; or (c) if the applicant is a corporation: (i) 1 239 revenue units – if the licence is renewed for one year; or -- 5 of 10 -- Private Security (Security Firms) Regulations 1998 4 (ii) 1 794 revenue units – if the licence is renewed for 2 years; or (iii) 2 143 revenue units – if the licence is renewed for 3 years. (3) For section 25(1A) of the Act, the fee is 30 revenue units. 6 Offences (1) A security firm must not engage in the business of supplying, for reward, the services of crowd controllers or security officers unless the firm has the licences and permits required by a law in force in the Territory to engage in the business. Maximum penalty: 20 penalty units. (2) A security firm must not later than 30 days after changing its address notify the Director of its new address. Maximum penalty: 20 penalty units. (3) A security firm must ensure that a register of security officers, containing accurate records of information referred to in subregulation (5), is kept in a manner approved by the Director. Maximum penalty: 20 penalty units. (4) An employer must permit an inspector to examine the register kept under subregulation (3). Maximum penalty: 20 penalty units. (5) For subregulation (3), the information that must be kept by a security firm is: (a) the name and residential address of each security officer employed by it; and (b) the number assigned by the Director to the security officer's licence; and (c) for each day on which the security officer provides his or her services as a security officer, the number assigned to the security officer by the security firm; and (d) the date of, and details in relation to, each incident in which physical force was used by or against the security officer while the security officer was providing his or her services as a security officer. -- 6 of 10 -- Private Security (Security Firms) Regulations 1998 5 (6) In this regulation: security firm means a person who, or partnership that, is the holder of security firm licence. security officer means a person who is the holder of (a) a security officer's provisional licence; or (b) a security officer's licence. -- 7 of 10 -- ENDNOTES Private Security (Security Firms) Regulations 1998 6 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Private Security (Security Firms) Regulations (SL No. 29, 1998) Notified 4 August 1998 Commenced 4 August 1998 Criminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37, 2005) Assent date 22 November 2005 Commenced 20 December 2006 (Gaz G51, 20 December 2006, p 2) Private Security (Security Firms) Amendment Regulations 2006 (SL No. 3, 2006) Notified 15 February 2006 Commenced 15 February 2006 Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006) Notified 18 October 2006 Commenced 18 October 2006 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Business Names Act 2007 (Act No. 1, 2007) Assent date 8 March 2007 Commenced 22 August 2007 (Gaz G34, 22 August 2007, p 7) Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) -- 8 of 10 -- ENDNOTES Private Security (Security Firms) Regulations 1998 7 Business Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8, 2012) Assent date 27 April 2012 Commenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891: 19 April 2012) ; rem: 27 April 2012 (s 2) Private Security (Security Firms) Amendment Regulations 2013 (SL No. 9, 2013) Notified 29 May 2013 Commenced 29 May 2013 Criminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014) Assent date 16 April 2014 Commenced 1 July 2014 (Gaz S52, 1 July 2014) Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014) Assent date 5 December 2014 Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2) Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) Assent date 8 June 2016 Commenced s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016) Private Security Legislation Amendment Regulations 2017 (SL No. 37, 2017) Notified 29 November 2017 Commenced 29 November 2017 Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020) Assent date 9 March 2020 Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2) Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) Assent date 17 August 2023 Commenced 25 March 2024 (Gaz S20, 22 March 2024) Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) Assent date 14 March 2024 Commenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) and Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 15 March 2024 (s 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2. -- 9 of 10 -- ENDNOTES Private Security (Security Firms) Regulations 1998 8 4 LIST OF AMENDMENTS r 2 sub No. 3, 2006, r 3 amd Act No. 4, 2007, s 2; Act No. 9, 2014, s 17; Act No. 44, 2014, s 145; Act No. 17, 2016, s 46; No. 37, 2017, r 6; Act No. 20, 2023, s 54; Act No. 4, 2024, s 82 r 3 rep Act No. 44, 2014, s 145 r 5 sub No. 3, 2006, r 4 amd No. 33, 2006, r 5; No. 34, 2009, r 10; No. 9, 2013, r 3 r 6 ins No. 3, 2006, r 4 amd No. 33, 2006, r 5; Act No. 44, 2014, s 145: Act No. 4, 2020, s 87 sch amd Act No. 37, 2005, s. 21 sub No. 3, 2006, r 5 amd Act No. 4, 2007, s 2; Act No. 1, 2007, s 76; Act No. 8, 2012, s 30; Act No. 9, 2014, s 18 rep Act No. 44, 2014, s 145 -- 10 of 10 --