Private Security Regulations 2005
i
Private Security Regulations 2005
S.R. No. 77/2005
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provision 2
3. Commencement 2
4. Definitions 2
5. Security equipment 2
6. Certain requirements of the Act not to apply to prescribed
classes of person 3
PART 2—LICENSING OF PRIVATE SECURITY OPERATORS 5
Division 1—Business Licences held by a Natural Person 5
7. Particulars for licence or renewal application 5
8. Documents to accompany licence application 6
9. Documents to accompany renewal application 7
Division 2—Business Licences held by a Body Corporate 8
10. Particulars for licence or renewal application 8
11. Documents to accompany licence application 10
12. Documents to accompany renewal application 11
Division 3—Individual Operator Licences 12
13. Particulars for licence or renewal application 12
14. Documents to accompany licence application 13
15. Documents to accompany renewal application 13
Division 4—General Provisions for Licences 13
16. Licence document 13
17. Applications to vary licence to authorise different activity 14
18. Applications to vary or revoke a licence condition 16
19. Issue of new licence document on variation of licence 16
20. Issue of new licence document on cancellation or suspension
of authority to carry on activity 16
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Division 5—Fees for Private Security Licences 17
21. Fees for business licences held by natural persons 17
22. Fees for business licences held by bodies corporate 18
23. Fees for individual operator licences 19
24. Reduced fees for simultaneous applications 20
25. Reduced application fee for certain applications 20
26. Fees for variation of business licences 20
27. Fees for variation of individual operator licences 21
28. Application fee to vary or revoke a licence condition 21
Division 6—Permits 21
29. Exemption for overseas visitors 21
30. Application and permit fees for permits 21
PART 3—REGISTRATION OF PRIVATE SECURITY
OPERATORS 23
Division 1—Business Registrations of Natural Persons 23
31. Particulars for registration or renewal application 23
32. Documents to accompany registration application 24
33. Documents to accompany renewal application 24
Division 2—Business Registrations of Body Corporate 25
34. Particulars for registration or renewal application 25
35. Documents to accompany registration application 26
36. Documents to accompany renewal application 27
Division 3—Individual Operator Registrations 27
37. Particulars for registration or renewal application 27
38. Document to accompany application for registration 28
Division 4—General Provisions for Registrations 28
39. Registration document 28
40. Applications to vary registration to authorise different activity 29
41. Applications to vary or revoke a registration condition 29
42. New registration documents 29
Division 5—Fees for Registrations 30
43. Fees for business registrations held by natural persons 30
44. Fees for business registrations held by bodies corporate 31
45. Fees for individual operator registrations 32
46. Reduced fees for simultaneous applications 32
47. Reduced application fee for certain applications 33
48. Fees for variation of business registrations 33
49. Fees for variation of individual operator registrations 34
50. Application fee to vary or revoke a registration condition 34
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Division 6—Permits 34
51. Application and permit fees for permits 34
PART 4—GENERAL PROVISIONS APPLYING TO LICENCES
AND REGISTRATIONS 35
52. Notice of person nominated by licence holder 35
53. Notice of person nominated by registration holder 36
54. Fee for duplicate documents 37
55. Permanent records to be kept by licence holders 37
56. Permanent records to be kept by registration holders 38
57. Inspection of records 38
58. Persons for giving written references 39
PART 5—PARTICULAR PROVISIONS FOR CROWD
CONTROLLERS 41
59. Crowd controller's identification 41
60. Information entered in crowd controllers register 41
PART 6—INFRINGEMENT NOTICES 42
61. Infringement notices 42
PART 7—GENERAL 43
62. Approvals to be published 43
63. Register of licence, registration and permit holders 43
64. Parts of the register that may be inspected 43
65. Notices of change to close associates 44
66. Notices of change to officers of body corporate 45
67. Notice of change of particulars 47
68. Certified copies of documents 47
__________________
SCHEDULE—Register of Licence, Registration and Permit
Holders 48
═══════════════
ENDNOTES 49
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1
STATUTORY RULES 2005
S.R. No. 77/2005
Private Security Act 2004
Private Security Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 28 June 2005
Responsible Minister:
TIM HOLDING
Minister for Police and Emergency Services
RUTH LEACH
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to—
(a) prescribe classes of person to whom certain
requirements in the Private Security Act
2004 do not apply; and
(b) prescribe procedures for making applications
under the Act; and
(c) prescribe procedures for the keeping of
records and registers under the Act; and
(d) prescribe fees and infringement offences
under the Act; and
(e) prescribe other matters required for the
purposes of the Act.
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2. Authorising provision
These Regulations are made under section 180 of
the Private Security Act 2004.
3. Commencement
These Regulations come into operation on 1 July
2005.
4. Definitions
In these Regulations—
"certified copy" means a copy of a document
that has been certified in accordance with
regulation 68;
"Council" has the same meaning that it has in
section 3(1) of the Local Government Act
1989;
"public sector body" means a public entity or a
special body within the meaning of the
Public Administration Act 2004;
"the Act" means the Private Security Act 2004.
5. Security equipment
For the purposes of the definition of "security
equipment" in section 3 of the Act, the following
equipment is prescribed as security equipment—
(a) security camera systems;
(b) security audio systems;
(c) security audio or visual recording systems;
(d) security alarms;
(e) security alarm monitoring systems;
(f) safes;
(g) vaults;
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(h) security intrusion detectors including motion,
infrared, microwave or contact detectors;
(i) electric, electro-mechanical, magnetic, or
biometric access control devices, but not
including stock, inventory or product loss
prevention monitoring devices.
6. Certain requirements of the Act not to apply to
prescribed classes of person
For the purposes of section 4(l) of the Act, the
following classes of person are prescribed—
(a) apprentices undertaking training with an
employer under a training agreement under
section 56 of the Vocational Education and
Training Act 1990 and post-secondary
students undertaking training under a
practical placement agreement made under
section 87 of the Vocational Education and
Training Act 1990 who are—
(i) acting as security equipment installers
in the course of their training; and
(ii) accompanied and directly supervised by
a holder of a private security
registration authorising the holder to act
as a security equipment installer;
(b) persons who, in the course of their
employment with a public sector body or
with a Council, are acting as investigators;
(c) persons acting under a contract with a public
sector body or a Council to act as, or to carry
on the business of providing the services of,
investigators to investigate matters relating
to food hygiene and trade or professional
standards;
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(d) sub-contractors or employees of contractors
referred to in paragraph (c) who, under their
contract or in the course of their
employment, are investigating matters
relating to food hygiene and trade or
professional standards;
(e) a person (employee) who, in the course of
his or her employment with an employer
(who is not carrying on a business for which
a private security registration is required) is
required, at the employer's business
premises, to provide advice to customers of
the business in relation to security equipment
that the person is required to sell in the
course of his or her employment.
__________________
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PART 2—LICENSING OF PRIVATE SECURITY
OPERATORS
Division 1—Business Licences held by a Natural Person
7. Particulars for licence or renewal application
For the purposes of sections 16(b) and 36(2)(b) of
the Act, an application for the grant or renewal of
a private security business licence by a natural
person must contain the following particulars—
(a) the security activity or activities to be
authorised under the licence;
(b) the given names, surname, postal and
residential address of the applicant and, in
the case of a renewal of a licence, any close
associate of the applicant;
(c) the date of birth of the applicant and any
close associate of the applicant;
(d) the trading name (if applicable) of the
business carried on by the applicant;
(e) the Australian Business Number (if any)
issued under the A New Tax System
(Australian Business Number) Act 1999 of
the Commonwealth for the business carried
on by the applicant;
(f) details, in relation to the applicant or any
close associate of the applicant, of any of the
following in respect of a disqualifying
offence or a particular indictable offence
within the meaning of Part 3 of the Act—
(i) a conviction for an offence in the
preceding 10 years;
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(ii) a finding of guilt for an offence for
which a conviction was not recorded in
the preceding 5 years;
(iii) the laying of a charge for committing
an offence;
(g) details of any declaration of bankruptcy by
the applicant or any close associate of the
applicant in the preceding 5 years;
(h) details of whether the applicant or any close
associate of the applicant is insolvent under
administration;
(i) details of—
(i) any membership by the applicant of an
approved security industry organisation
relevant to each private security activity
or any aspect of each private security
activity to be authorised under the
licence; or
(ii) the applicant's qualifications,
knowledge, training or experience
relevant to each private security activity
or any aspect of each private security
activity to be authorised under the
licence.
8. Documents to accompany licence application
For the purposes of section 16(c) of the Act, an
application for a private security business licence
by a natural person must be accompanied by the
following documents—
(a) a passport-size colour photograph of the
applicant;
(b) if the applicant has provided details of his or
her membership of an approved security
industry organisation, a certified copy of a
document verifying that membership;
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(c) if the applicant has provided details of his or
her qualifications or training, certified copies
of documents verifying the qualifications or
training;
(d) if the applicant has provided details of his or
her knowledge or experience, documents
verifying the knowledge or experience;
(e) if the applicant carries on the business under
a business name, a certified copy of the
certificate of registration issued in that name
under the Business Names Act 1962 or the
corresponding law of another State or
Territory;
(f) a certificate of currency for public liability
insurance in relation to the business carried
on by the applicant.
9. Documents to accompany renewal application
An application under section 36(1) of the Act for
renewal of a private security business licence by a
natural person must be accompanied by the
following documents—
(a) if the applicant has provided details of his or
her membership of an approved security
industry organisation, a certified copy of a
document verifying that membership;
(b) if the applicant has provided details of his or
her qualifications or training, certified copies
of documents verifying the qualifications or
training;
(c) if the applicant has provided details of his or
her knowledge or experience, documents
verifying the knowledge or experience;
(d) a certificate of currency for public liability
insurance in relation to the business carried
on by the applicant.
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Division 2—Business Licences held by a Body Corporate
10. Particulars for licence or renewal application
For the purposes of sections 16(b) and 36(2)(b) of
the Act, an application for the grant or renewal of
a private security business licence by a body
corporate must contain the following particulars—
(a) the security activity or activities to be
authorised under the licence;
(b) the name of the body corporate and the
Australian Company Number of the body
corporate if registered under the
Corporations Act;
(c) any additional names under which the body
corporate intends to carry on the business;
(d) the Australian Business Number (if any)
issued under the A New Tax System
(Australian Business Number) Act 1999 of
the Commonwealth of the business carried
on by the applicant;
(e) in the case of a renewal, the given names,
surname, postal and residential address of the
nominated person, each officer of the body
corporate and any close associate of the body
corporate;
(f) the date of birth of the nominated person,
each officer of the body corporate and any
close associate of the body corporate;
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(g) details, in relation to the nominated person,
each officer of the body corporate or any
close associate of the body corporate, of any
of the following in respect of a disqualifying
offence or a particular indictable offence
within the meaning of Part 3 of the Act—
(i) a conviction for an offence within the
preceding 10 years;
(ii) a finding of guilt for an offence for
which a conviction was not recorded
within the preceding 5 years;
(iii) the laying of a charge for committing
an offence;
(h) details of any declaration of bankruptcy in
the preceding 5 years by the nominated
person, any officer of the body corporate or
any close associate of the body corporate;
(i) details of whether the nominated person, any
officer of the body corporate or any close
associate of the body corporate is insolvent
under administration;
(j) details of—
(i) any membership by the nominated
person of an approved security industry
organisation relevant to each private
security activity or any aspect of each
private security activity to be
authorised under the licence; or
(ii) the nominated person's qualifications,
knowledge, training or experience
relevant to each private security activity
or any aspect of each private security
activity to be authorised under the
licence.
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11. Documents to accompany licence application
For the purposes of section 16(c) of the Act, an
application for a private security business licence
by a body corporate must be accompanied by the
following documents or information—
(a) a passport-size colour photograph of the
nominated person;
(b) if the applicant has provided details of the
nominated person's membership of an
approved security industry organisation, a
certified copy of a document verifying that
membership;
(c) if the applicant has provided details of the
nominated person's qualifications or training,
certified copies of documents verifying the
qualifications or training;
(d) if the applicant has provided details of the
nominated person's knowledge or
experience, documents verifying the
knowledge or experience;
(e) a certified copy of any certificate of
registration under the Corporations Act for
the body corporate;
(f) if the body corporate is trading under a name
other than in the certificate of registration
under the Corporations Act, a certified copy
of any certificate of registration issued to the
body corporate in that name under the
Business Names Act 1962 or the
corresponding law of another State or
Territory;
(g) a certificate of currency for public liability
insurance in relation to the business carried
on by the body corporate;
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(h) a certified copy of a document that verifies
the appointment of the officers of the body
corporate from the Australian Securities and
Investments Commission if the body
corporate is registered under the
Corporations Act.
12. Documents to accompany renewal application
An application under section 36(1) of the Act for
the renewal of a private security business licence
by a body corporate must be accompanied by the
following documents—
(a) if the applicant has provided details of the
nominated person's membership of an
approved security industry organisation, a
certified copy of a document verifying that
membership;
(b) if the applicant has provided details of the
nominated person's qualifications or training,
certified copies of documents verifying the
qualifications or training;
(c) if the applicant has provided details of the
nominated person's knowledge or
experience, documents verifying the
knowledge or experience;
(d) a certificate of currency for public liability
insurance in relation to the business carried
on by the body corporate;
(e) a certified copy of a document that verifies
the appointment of the officers of the body
corporate from the Australian Securities and
Investments Commission if the body
corporate is registered under the
Corporations Act.
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Division 3—Individual Operator Licences
13. Particulars for licence or renewal application
For the purposes of sections 16(b) and 36(2)(b) of
the Act, an application for the grant or renewal of
a private security individual operator licence must
contain the following particulars—
(a) the security activity or activities to be
authorised under the licence;
(b) the given names, surname, postal and
residential address of the applicant;
(c) the date of birth of the applicant;
(d) the name and address of any employer of the
applicant;
(e) details of the applicant's qualifications,
knowledge, training or experience relevant to
each private security activity or any aspect of
a private security activity to be authorised
under the licence;
(f) details, in relation to the applicant, of any of
the following in respect of a disqualifying
offence or a particular indictable offence
within the meaning of Part 3 of the Act—
(i) a conviction for an offence in the
preceding 10 years;
(ii) a finding of guilt for any offence for
which a conviction was not recorded in
the preceding 5 years;
(iii) the laying of a charge for committing
an offence.
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14. Documents to accompany licence application
For the purposes of section 16(c) of the Act, an
application for the grant of a private security
individual operator licence must be accompanied
by the following documents—
(a) a passport-size colour photograph of the
applicant;
(b) if the applicant has provided details of his or
her qualifications or training, certified copies
of documents verifying the qualifications or
training;
(c) if the applicant has provided details of his or
her knowledge or experience, documents
verifying the knowledge or experience.
15. Documents to accompany renewal application
An application under section 36(1) of the Act for
renewal of a private security individual operator
licence that provides details of the applicant's
qualifications, knowledge, training or experience
must be accompanied by—
(a) certified copies of documents verifying the
qualifications or training; or
(b) documents verifying the knowledge or
experience.
Division 4—General Provisions for Licences
16. Licence document
A licence document issued under section 40 of the
Act must contain the following particulars—
(a) the type of private security licence granted;
(b) the security activity or activities authorised
under the licence;
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(c) the name of the licence holder, and, if the
licence is held by a body corporate, the name
of the nominated person;
(d) the expiry date of the licence;
(e) a photograph of the licence holder, or if the
licence is held by a body corporate, a
photograph of the nominated person;
(f) any name under which the business will
operate;
(g) any conditions imposed on the licence.
17. Applications to vary licence to authorise different
activity
(1) An application under section 42(3) of the Act to
vary a private security licence must contain
current details of the particulars that have changed
since the licence was granted or last renewed.
(2) An application under section 42(3) of the Act to
vary a private security licence must be
accompanied by the following documents—
(a) in the case of a private security business
licence granted to a natural person—
(i) a certified copy of a document
verifying the applicant's membership of
an approved security industry
organisation relevant to each additional
class A security activity or any aspect
of each additional activity to be
authorised under the licence; or
(ii) certified copies of documents verifying
the applicant's qualifications or training
relevant to each additional class A
security activity or any aspect of each
additional activity to be authorised
under the licence; or
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(iii) documents verifying the applicant's
knowledge or experience relevant to
each additional class A security activity
or any aspect of each additional activity
to be authorised under the licence;
(b) in the case of a private security business
licence granted to a body corporate—
(i) a certified copy of a document
verifying the nominated person's
membership of an approved security
industry organisation relevant to each
additional class A security activity or
any aspect of each additional activity to
be authorised under the licence; or
(ii) certified copies of documents verifying
the nominated person's qualifications or
training relevant to each additional
class A security activity or any aspect
of each additional activity to be
authorised under the licence; or
(iii) documents verifying the nominated
person's knowledge or experience
relevant to each additional class A
security activity or any aspect of each
additional activity to be authorised
under the licence;
(c) in the case of the grant of a private security
individual operator licence—
(i) certified copies of documents verifying
the applicant's qualifications or training
relevant to each additional class A
security activity or any aspect of each
additional activity to be authorised
under the licence; or
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(ii) documents verifying the applicant's
knowledge or experience relevant to
each additional class A security activity
or any aspect of each additional activity
to be authorised under the licence.
18. Applications to vary or revoke a licence condition
(1) An application under section 43(2) of the Act to
vary or revoke a condition on a private security
licence must contain the following particulars—
(a) the applicant's reasons for seeking the
variation or revocation of the licence
condition;
(b) current details of the particulars that have
been changed since the licence was granted
or last renewed.
(2) An application to vary or revoke a licence
condition under section 43(2) of the Act must be
accompanied by certified copies of any documents
that verify the accuracy of the reasons set out in
the application.
19. Issue of new licence document on variation of
licence
A private security licence document issued under
section 44(1) of the Act must contain details of—
(a) the class A security activities authorised
under the varied licence; and
(b) any conditions on the varied licence.
20. Issue of new licence document on cancellation or
suspension of authority to carry on activity
A private security licence document issued under
section 45(5) or 59(2) of the Act must contain
details of any class A security activity that
continues to be authorised under the licence.
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Division 5—Fees for Private Security Licences
21. Fees for business licences held by natural persons
For the purposes of sections 30(1), 30(2), 39(1)(a)
and 39(1)(b) of the Act, the fees for a private
security business licence to be held by a natural
person are set out in the Table.
TABLE
Column 1 Column 2 Column 3
Number of class A
activities to be
authorised under
the licence
Application fee
for licence or
renewal of
licence
Licence fee or renewal
fee
1 9·68 fee units 1·56 fee units for
each month or part of
a month for which
the licence is granted
or renewed
2 10·65 fee
units
1·66 fee units for
each month or part of
a month for which
the licence is granted
or renewed
3 11·61 fee
units
1·86 fee units for
each month or part of
a month for which
the licence is granted
or renewed
4 12·58 fee
units
1·96 fee units for
each month or part of
a month for which
the licence is granted
or renewed
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22. Fees for business licences held by bodies corporate
For the purposes of sections 30(1), 30(2), 39(1)(a)
and 39(1)(b) of the Act, the fees for a private
security business licence to be held by a body
corporate are set out in the Table.
TABLE
Column 1 Column 2 Column 3
Number of class A
activities to be
authorised under
the licence
Application fee
for licence or
renewal of
licence
Licence fee or renewal
fee
1 16·13 fee
units
2·54 fee units for
each month or part of
a month for which
the licence is granted
or renewed
2 17·74 fee
units
2·83 fee units for
each month or part of
a month for which
the licence is granted
or renewed
3 19·35 fee
units
3·08 fee units for
each month or part of
a month for which
the licence is granted
or renewed
4 20·97 fee
units
3·32 fee units for
each month or part of
a month for which
the licence is granted
or renewed
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23. Fees for individual operator licences
For the purposes of sections 30(1), 30(2), 39(1)(a)
and 39(1)(b) of the Act the fees for a private
security individual operator licence are set out in
the Table.
TABLE
Column 1 Column 2 Column 3
Number of class A
activities to be
authorised under
the licence
Application fee
for licence or
renewal of
licence
Licence fee or renewal
fee
1 4·4 fee units 0·68 fee units for
each month or part of
a month for which
the licence is granted
or renewed
2 4·84 fee units 0·78 fee units for
each month or part of
a month for which
the licence is granted
or renewed
3 5·28 fee units 0·83 fee units for
each month or part of
a month for which
the licence is granted
or renewed
4 5·72 fee units 0·88 fee units for
each month or part of
a month for which
the licence is granted
or renewed
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24. Reduced fees for simultaneous applications
Despite regulations 21, 22 and 23, if a person
applies for the grant or renewal of a private
security licence at the same time as he or she
applies for the issue or renewal of a licence under
the Firearms Act 1996, the application fee for the
grant or renewal of the private security licence is
50% of the fee for that application set out in
Column 2 of the relevant Table in regulation 21,
22 or 23.
25. Reduced application fee for certain applications
Despite regulations 21, 22, 23 and 24, if a person
is granted a private security licence or has the
licence renewed for a period that is less than
3 years, the application fee is the amount of the
application fee for that licence or renewal set out
in regulation 21, 22 or 23 (or the reduced amount
calculated in accordance with regulation 24)
divided by 36 and multiplied by the number of
months of the period of the licence.
26. Fees for variation of business licences
(1) The application fee for a variation under
section 42(1) of the Act of a private security
business licence held by a natural person is
4· 84 fee units.
(2) The variation fee for a variation under
section 42(1) of the Act of a private security
business licence held by a natural person is
13· 86 fee units.
(3) The application fee for a variation under
section 42(1) of the Act of a private security
business licence held by a body corporate is
8· 06 fee units.
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(4) The variation fee for a variation under
section 42(1) of the Act of a private security
business licence held by a body corporate is
23· 09 fee units.
27. Fees for variation of individual operator licences
(1) The application fee for a variation of a private
security individual operator licence under
section 42(2) of the Act is 2· 2 fee units.
(2) The variation fee for a variation of a private
security individual operator licence under
section 42(2) of the Act is 6· 23 fee units.
28. Application fee to vary or revoke a licence condition
The fee for an application to vary or revoke a
condition on a licence under section 43(2) of the
Act is 2· 25 fee units.
Division 6—Permits
29. Exemption for overseas visitors
For the purposes of section 67(b) of the Act, the
kind of permit is an authority to act as a
bodyguard in another State or Territory for the
duration of a special event or events that will be
conducted in Victoria as well as in that State or
Territory.
30. Application and permit fees for permits
(1) For the purposes of section 69(1) of the Act, the
fee for an application for a permit issued under
Division 6 of Part 3 of the Act is—
(a) in the case of an application under section
64 or 65 of the Act, 4· 4 fee units; and
(b) in the case of an application under section 66
of the Act, 8⋅8 fee units.
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(2) For the purposes of section 69(2) of the Act, the
fee for a permit issued under Division 6 of Part 3
of the Act is—
(a) in the case of a permit under section 64 or 65
of the Act, 4· 15 fee units; and
(b) in the case of a permit under section 66 of
the Act, 8⋅3 fee units.
__________________
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PART 3—REGISTRATION OF PRIVATE SECURITY
OPERATORS
Division 1—Business Registrations of Natural Persons
31. Particulars for registration or renewal application
For the purposes of sections 73(b) and 92(2)(b) of
the Act, an application for the grant or renewal of
a private security business registration by a natural
person must contain the following particulars—
(a) the security activity or activities to be
authorised under the registration;
(b) the given names, surname, postal and
residential address of the applicant and, in
the case of a renewal of a registration, any
close associate of the applicant;
(c) the date of birth of the applicant and any
close associate of the applicant;
(d) the trading name (if applicable) of the
business carried on by the applicant;
(e) the Australian Business Number (if any)
issued under the A New Tax System
(Australian Business Number) Act 1999 of
the Commonwealth for the business carried
on by the applicant;
(f) details, in relation to the applicant or any
close associate of the applicant, of any of the
following—
(i) a conviction for an indictable offence in
the preceding 10 years;
(ii) a finding of guilt for an indictable
offence for which a conviction was not
recorded in the preceding 5 years;
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(iii) the laying of a charge for committing
an indictable offence;
(g) details of any declaration of bankruptcy by
the applicant or any close associate of the
applicant in the preceding 5 years;
(h) details of whether the applicant or any close
associate of the applicant is insolvent under
administration.
32. Documents to accompany registration application
For the purposes of section 73(c) of the Act, an
application for a private security business
registration by a natural person must be
accompanied by the following documents—
(a) a passport-size colour photograph of the
applicant;
(b) if the applicant carries on the business under
a business name, a certified copy of the
certificate of registration issued in that name
under the Business Names Act 1962 or the
corresponding law of another State or
Territory;
(c) a certificate of currency for public liability
insurance in relation to the business carried
on by the applicant.
33. Documents to accompany renewal application
An application under section 92(1) of the Act for
renewal of a private security business registration
by a natural person must be accompanied by a
certificate of currency for public liability
insurance in relation to the business carried on by
the applicant.
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Division 2—Business Registrations of Body Corporate
34. Particulars for registration or renewal application
For the purposes of sections 73(b) and 92(2)(b) of
the Act, an application for the grant or renewal of
a private security business registration by a body
corporate must contain the following particulars—
(a) the security activity or activities to be
authorised under the registration;
(b) the name and Australian Company Number
of the body corporate if registered under the
Corporations Act;
(c) any additional names under which the body
corporate intends to carry on the business;
(d) the Australian Business Number (if any)
issued under the A New Tax System
(Australian Business Number) Act 1999 of
the Commonwealth of the business carried
on by the applicant;
(e) in the case of a renewal, the given names,
surname, postal and residential address of the
nominated person, each officer of the body
corporate and any close associate of the body
corporate;
(f) the date of birth of the nominated person,
each officer of the body corporate and any
close associate of the body corporate;
(g) details, in relation to the nominated person,
each officer of the body corporate or any
close associate of the body corporate, of any
of the following—
(i) a conviction for an indictable offence
within the preceding 10 years;
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(ii) a finding of guilt for an indictable
offence for which a conviction was not
recorded within the preceding 5 years;
(iii) the laying of a charge for committing
an indictable offence;
(h) details of any declaration of bankruptcy in
the preceding 5 years by the nominated
person, any officer of the body corporate or
any close associate of the body corporate;
(i) details of whether the nominated person, any
officer of the body corporate or any close
associate of the body corporate is insolvent
under administration.
35. Documents to accompany registration application
For the purposes of section 73(c) of the Act, an
application for a private security business
registration by a body corporate must be
accompanied by the following documents or
information—
(a) a passport-size colour photograph of the
nominated person;
(b) a certified copy of any certificate of
registration under the Corporations Act for
the body corporate;
(c) if the body corporate is trading under a name
other than in the certificate of registration
under the Corporations Act, a certified copy
of any certificate of registration issued to the
body corporate in that name under the
Business Names Act 1962 or the
corresponding law of another State or
Territory;
(d) a certificate of currency for public liability
insurance in relation to the business carried
on by the body corporate;
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(e) a certified copy of a document that verifies
the appointment of the officers of the body
corporate from the Australian Securities and
Investments Commission if the body
corporate is registered under the
Corporations Act.
36. Documents to accompany renewal application
An application under section 92(1) of the Act for
the renewal of a private security business
registration by a body corporate must be
accompanied by the following documents—
(a) a certificate of currency for public liability
insurance in relation to the business carried
on by the body corporate;
(b) a certified copy of a document that verifies
the appointment of the officers of the body
corporate from the Australian Securities and
Investments Commission if the body
corporate is registered under the
Corporations Act.
Division 3—Individual Operator Registrations
37. Particulars for registration or renewal application
For the purposes of sections 73(b) and 92(2)(b) of
the Act, an application for the grant or renewal of
a private security individual operator registration
must contain the following particulars—
(a) the security activity or activities to be
authorised under the registration;
(b) the given names, surname, postal and
residential address of the applicant;
(c) the date of birth of the applicant;
(d) the name and address of any employer of the
applicant;
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(e) details, in relation to the applicant, of any of
the following—
(i) a conviction for an indictable offence in
the preceding 10 years;
(ii) a finding of guilt for any indictable
offence for which a conviction was not
recorded in the preceding 5 years;
(iii) the laying of an indictable charge for
committing an offence.
38. Document to accompany application for registration
An application under section 73 of the Act for the
grant of a private security individual operator
registration must be accompanied by a passport-
size colour photograph of the applicant.
Division 4—General Provisions for Registrations
39. Registration document
A registration document issued under section 96
of the Act must contain the following
particulars—
(a) the type of private security registration
granted;
(b) the security activity or activities authorised
under the registration;
(c) the name of the registration holder, and, if
the holder is a body corporate, the name of
the nominated person;
(d) the expiry date of the registration;
(e) a photograph of the registration holder, or if
the registration is held by a body corporate, a
photograph of the nominated person;
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(f) any name under which the business will
operate;
(g) any conditions imposed on the registration.
40. Applications to vary registration to authorise
different activity
An application under section 98(3) of the Act to
vary a private security registration must contain
current details of the particulars that have changed
since the registration was granted or last renewed.
41. Applications to vary or revoke a registration
condition
(1) An application under section 99(2) of the Act to
vary or revoke a condition on a private security
registration must contain the following
particulars—
(a) the applicant's reasons for seeking the
variation or revocation of the condition;
(b) current details of the particulars that have
been changed since the registration was
granted or last renewed.
(2) The application must be accompanied by certified
copies of any documents that verify the accuracy
of the reasons set out in the application.
42. New registration documents
(1) A private security registration document issued
under section 100(1) of the Act must contain
details of—
(a) the class B security activities authorised
under the varied registration; and
(b) any conditions on the varied registration.
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(2) A private security registration document issued
under section 101(5) or 114(2) of the Act must
contain details of any class B security activity that
continues to be authorised under the registration.
Division 5—Fees for Registrations
43. Fees for business registrations held by natural
persons
For the purposes of sections 87(1), 87(2), 95(1)(a)
and 95(1)(b) of the Act, the fees for a private
security business registration to be held by a
natural person are set out in the Table.
TABLE
Column 1 Column 2 Column 3
Number of class B
activities to be
authorised under
the registration
Application fee
for registration
or renewal of
registration
Registration fee or
renewal fee
1 7·23 fee units 1·17 fee units for
each month or part of
a month for which
the registration is
granted or renewed
2 7·96 fee units 1·27 fee units for
each month or part of
a month for which
the registration is
granted or renewed
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44. Fees for business registrations held by bodies
corporate
For the purposes of sections 87(1), 87(2), 95(1)(a)
and 95(1)(b) of the Act, the fees for a private
security business registration to be held by a body
corporate are set out in the Table.
TABLE
Column 1 Column 2 Column 3
Number of class B
activities to be
authorised under
the registration
Application fee
for registration
or renewal of
registration
Registration fee or
renewal fee
1 12·12 fee
units
1·96 fee units for
each month or part of
a month for which
the registration is
granted or renewed
2 13·33 fee
units
2·15 fee units for each
month or part of a
month for which the
registration is granted
or renewed
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45. Fees for individual operator registrations
For the purposes of sections 87(1), 87(2), 95(1)(a)
and 95(1)(b) of the Act the fees for a private
security individual operator registrations are set
out in the Table.
TABLE
Column 1 Column 2 Column 3
Number of class B
activities to be
authorised under
the registration
Application fee
for registration
or renewal of
registration
Registration fee or
renewal fee
1 3·32 fee units 0·49 fee units for
each month or part of
a month for which
the registration is
granted or renewed
2 3·66 fee units 0·78 fee units for
each month or part of
a month for which
the registration is
granted or renewed
46. Reduced fees for simultaneous applications
(1) Despite regulations 43, 44 and 45, if a person
applies for the grant or renewal of a private
security registration at the same time as he or she
applies for the issue or renewal of a licence under
the Firearms Act 1996, the application fee for the
grant or renewal of the registration is 50% of the
fee for that application set out in Column 2 of the
relevant Table in regulation 43, 44 or 45.
(2) Despite regulations 43, 44 and 45, if a person
applies for the grant or renewal of a private
security registration at the same time as he or she
applies for the grant or renewal of a private
security licence (whether or not he or she applies
for the issue or renewal of a licence under the
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Firearms Act 1996 at that same time) the fees
are—
(a) in the case of the application fee, 50% of the
fee for that application set out in Column 2
of the relevant Table in regulation 43, 44
or 45; and
(b) in the case of the registration or renewal fee,
10% of the fee for that registration or
renewal set out in Column 3 of the relevant
Table in regulation 43, 44 or 45.
47. Reduced application fee for certain applications
Despite regulations 43, 44, 45 and 46, if a person
is granted a private security registration or has
the registration renewed for a period that is less
than 3 years, the application fee is the amount
of the application fee for that registration or
renewal set out in regulation 43, 44 or 45 (or the
reduced amount calculated in accordance with
regulation 46) divided by 36 and multiplied by the
number of months of the period of the registration.
48. Fees for variation of business registrations
(1) The application fee for a variation under
section 98(1) of the Act of a private security
business registration held by a natural person is
3·62 fee units.
(2) The variation fee for a variation under
section 98(1) of the Act of a private security
business registration held by a natural person is
10·39 fee units.
(3) The application fee for a variation under
section 98(1) of the Act of a private security
business registration held by a body corporate is
6·06 fee units.
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(4) The variation fee for a variation under
section 98(1) of the Act of a private security
business registration held by a body corporate is
17·32 fee units.
49. Fees for variation of individual operator
registrations
(1) The application fee for a variation of a private
security individual operator registration under
section 98(2) of the Act is 1·66 fee units.
(2) The variation fee for a variation of a private
security individual operator registration under
section 98(2) of the Act is 4·67 fee units.
50. Application fee to vary or revoke a registration
condition
The fee for an application to vary or revoke a
condition on a registration under section 99(2) of
the Act is 2·25 fee units.
Division 6—Permits
51. Application and permit fees for permits
(1) For the purposes of section 122(1) of the Act, the
fee for an application for a permit issued under
Division 5 of Part 4 of the Act is 4·4 fee units.
(2) For the purposes of section 122(2) of the Act, the
fee for a permit issued under Division 5 of Part 4
of the Act is 4·15 fee units.
__________________
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35
PART 4—GENERAL PROVISIONS APPLYING TO
LICENCES AND REGISTRATIONS
52. Notice of person nominated by licence holder
A notice nominating a person under
section 124(3) of the Act must be accompanied
by the following documents or information—
(a) a passport-size colour photograph of the
nominated person;
(b) the date of birth of the nominated person;
(c) details, in relation to the nominated person,
of any of the following in respect of a
disqualifying offence or a particular
indictable offence within the meaning of
Part 3 of the Act—
(i) a conviction for an offence in the
preceding 10 years; or
(ii) a finding of guilt for an offence for
which a conviction was not recorded in
the preceding 5 years; or
(iii) the laying of a charge for committing
an offence;
(d) details of any declaration of bankruptcy by
the nominated person;
(e) details of whether the nominated person is
insolvent under administration;
(f) details of any membership by the nominated
person of an approved security industry
organisation relevant to each private security
activity or any aspect of each private security
activity authorised under the licence and a
certified copy of a document verifying that
membership;
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(g) details of the nominated person's
qualifications and training (if any) relevant
to each private security activity or any aspect
of each private security activity authorised
under the licence and certified copies of
documents verifying the qualifications or
training;
(h) details of the nominated person's knowledge
or experience (if any) relevant to each
private security activity or any aspect of each
private security activity authorised under the
licence and documents verifying the
knowledge or experience;
(i) proof of identity of the nominated person,
being if the Chief Commissioner so requires,
proof by way of the specified identification
method;
(j) two written references from a person in a
class prescribed in regulation 58 attesting to
the suitability of the nominated person.
53. Notice of person nominated by registration holder
A notice nominating a person under
section 124(7) of the Act must be accompanied
by the following documents or information—
(a) a passport-size colour photograph of the
nominated person;
(b) the date of birth of the nominated person;
(c) details, in relation to the nominated person,
of any of the following—
(i) a conviction for an indictable offence in
the preceding 10 years;
(ii) a finding of guilt for an indictable
offence for which a conviction was not
recorded in the preceding 5 years;
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(iii) the laying of a charge for committing
an indictable offence;
(d) details of any declaration of bankruptcy by
the nominated person;
(e) details of whether the nominated person is
insolvent under administration;
(f) proof of identity of the nominated person,
being if the Chief Commissioner so requires,
proof by way of the specified identification
method;
(g) two written references from a person in a
class prescribed in regulation 58 attesting to
the suitability of the nominated person.
54. Fee for duplicate documents
For the purposes of section 125(2)(a) of the Act,
the fee payable for a duplicate document is
2·92 fee units.
55. Permanent records to be kept by licence holders
For the purposes of section 134(1)(a) of the Act,
the holder of a private security licence must keep
permanent records of the following particulars—
(a) the given names, surname and address of any
person who requested that the holder provide
a security service;
(b) the date the request for the service was
received by the holder;
(c) a description of the nature of the service
provided by the licence holder;
(d) the dates on which the service was provided;
(e) in the case of the holder of a private security
business licence, the names and addresses of
any persons engaged or employed by the
holder to provide the service.
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56. Permanent records to be kept by registration
holders
For the purposes of section 134(2)(a) of the Act,
the holder of a private security registration must
keep permanent records of the following
particulars—
(a) the given names, surname and address of any
person who requested that the holder provide
a security service;
(b) the date the request for the service was
received by the holder;
(c) a description of the nature of the service
provided by the holder;
(d) the dates on which the service was provided;
(e) in the case of the holder of a private security
business registration, the names and
addresses of any persons engaged or
employed by the holder to provide the
service.
57. Inspection of records
(1) The holder of a licence or registration required to
keep a record under section 134 of the Act must
make the record available for inspection by any
member of the police force or an authorised
person at any time during normal business hours.
Penalty: 10 penalty units.
(2) Records made available for inspection under sub-
regulation (1) may only be inspected for the
purposes of monitoring whether the holder is
complying with the Act or these Regulations.
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58. Persons for giving written references
For the purposes of sections 17 and 74 of the Act,
the class of person that is prescribed for the giving
of written references is a person who—
(a) has known the person referred to in the
reference for at least 12 months; and
(b) is not related by birth or marriage to that
person; and
(c) is any of the following—
(i) a person listed in section 107A(1) of
the Evidence Act 1958;
(ii) a registered nurse within the meaning
of the Nurses Act 1993 or any
corresponding law of another State or
Territory;
(iii) a registered teacher within the meaning
of the Victorian Institute of Teaching
Act 2001 or any corresponding law of
another State or Territory;
(iv) a commissioned officer currently
serving with the Australian Defence
Forces;
(v) a person who is the holder of a private
security business licence (or, if the
person is a body corporate, the
nominated person) and has for at least
5 years continuously held that licence
or been the nominated person in
relation to the licence;
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(vi) a person who was, before 1 July 2005,
appointed as a nominee under section 9
of the Private Agents Act 1966 in
relation to a licence granted under
Part IIA of that Act and the person has
held that appointment continuously for
at least 5 years.
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Part 5—Particular Provisions for Crowd Controllers
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41
PART 5—PARTICULAR PROVISIONS FOR CROWD
CONTROLLERS
59. Crowd controller's identification
For the purposes of section 138 of the Act, the
identification to be worn by a crowd controller
must—
(a) be clearly visible; and
(b) consist of—
(i) a number not less than 4 centimetres in
height and 5 millimetres in thickness;
and
(ii) the word "SECURITY" in letters not
less than 5 millimetres in height; and
(c) be worn on the crowd controller's chest.
60. Information entered in crowd controllers register
(1) In addition to the information required by
section 142 of the Act, the following information
is to be entered in the register by a crowd
controller—
(a) the times at which the crowd controller starts
and finishes each period of duty at the place
where he or she acts as a crowd controller;
(b) the signature of the crowd controller.
(2) The crowd controller must record his or her
signature in the register at the time of starting and
finishing each period of duty recorded in the
register.
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42
PART 6—INFRINGEMENT NOTICES
61. Infringement notices
(1) For the purposes of section 163(b) of the Act, the
prescribed offences are the offences against
regulations that are set out in Column 1 of the
Table.
(2) For the purposes of section 164(e) of the Act, the
infringement penalty—
(a) for an offence against section 59(1), 62(1),
114(1), 117(1), 128(3), 129(2), 129(4), 133
or 138 of the Act is 2·5 penalty units; and
(b) for an offence against section 141(1), 176(1)
or 176(2) of the Act is 5 penalty units; and
(c) for an offence against section 134(1) or
134(2) of the Act is 10 penalty units; and
(d) for an offence against a regulation set out in
Column 1 of the Table is the amount set out
in Column 2 of that Table.
(3) A summary of an offence in Column 3 of the
Table is not to be taken to affect the nature or
elements of the offence to which the summary
refers or the operation of these Regulations.
TABLE
Column 1 Column 2 Column 3
Offences against
these Regulations
Infringement
Penalty Summary of Offence
Regulation 57 2·5 penalty
units
Failure to make
records available for
inspection
Regulation 67 2·5 penalty
units
Failure to provide
notice of change of
particulars
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PART 7—GENERAL
62. Approvals to be published
The Chief Commissioner must publish on the
internet an up to date list of—
(a) security industry or other training
requirements approved under section
172(1)(a) of the Act; and
(b) security industry training providers approved
under section 172(1)(b) of the Act; and
(c) security industry organisations approved
under section 172(1)(c) of the Act.
63. Register of licence, registration and permit holders
The particulars to be contained in the register kept
under section 173 of the Act in relation to holders
of licences, registrations and permits under the
Act are set out in the Schedule.
64. Parts of the register that may be inspected
For the purposes of section 173(2) of the Act, the
part of the register that may be inspected is the
part containing the following particulars about
holders of licences, registrations and permits
under the Act—
(a) the names in which the licences, registrations
or permits are held;
(b) the business addresses of the holders or the
names and addresses of the employers of the
holders;
(c) the security activities the holders are
authorised to carry out under those licences,
registrations or permits;
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(d) any conditions imposed on the holders of the
licences, registrations or permits relating to
supervision or training or the carriage and
use of equipment;
(e) the expiry date of the licences, registrations
or permits held.
65. Notices of change to close associates
A notice under section 174 of the Act by the
holder of a private security business licence or a
private security business registration must be
accompanied by the following documents and
information in relation to a person who has
become a close associate of the holder—
(a) the date of birth of the person;
(b) in the case of the holder of a private security
business licence, details, in relation to the
person, of any of the following in respect of
a disqualifying offence or a particular
indictable offence within the meaning of
Part 3 of the Act—
(i) a conviction for an offence in the
preceding 10 years;
(ii) a finding of guilt for an offence for
which a conviction was not recorded in
the preceding 5 years;
(iii) the laying of a charge for committing
an offence;
(c) in the case of the holder of a private security
business registration, details, in relation to
the person, of any of the following—
(i) a conviction for an indictable offence in
the preceding 10 years;
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(ii) a finding of guilt for an indictable
offence for which a conviction was not
recorded in the preceding 5 years;
(iii) the laying of a charge for committing
an indictable offence;
(d) details of any declaration of bankruptcy by
the person;
(e) details as to whether the person is insolvent
under administration;
(f) proof of identity of the person, being if the
Chief Commissioner so requires, proof by
way of the specified identification method;
(g) two written references from a person in a
class prescribed in regulation 58 attesting to
the suitability of the person.
66. Notices of change to officers of body corporate
A notice under section 175 of the Act by a body
corporate must be accompanied by the following
documents and information in relation to a person
who has become an officer of the body
corporate—
(a) the date of birth of the person;
(b) if the body corporate is the holder of a
private security business licence, details, in
relation to the person, of any of the following
in respect of a disqualifying offence or a
particular indictable offence within the
meaning of Part 3 of the Act—
(i) a conviction for an offence in the
preceding 10 years;
(ii) a finding of guilt for an offence for
which a conviction was not recorded in
the preceding 5 years;
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(iii) the laying of a charge for committing
an offence;
(c) if the body corporate is the holder of a
private security business registration, details,
in relation to the person, of any of the
following—
(i) a conviction for an indictable offence in
the preceding 10 years;
(ii) a finding of guilt for an indictable
offence for which a conviction was not
recorded in the preceding 5 years;
(iii) the laying of a charge for committing
an indictable offence;
(d) a certified copy of a document that verifies
the appointment of the person as an officer
of the body corporate from the Australian
Securities and Investments Commission if
the body corporate is registered under the
Corporations Act;
(e) details of any declaration of bankruptcy by
the person;
(f) details as to whether the person is insolvent
under administration;
(g) proof of identity of the person, being if the
Chief Commissioner so requires, proof by
way of the specified identification method;
(h) two written references from a person in a
class prescribed in regulation 58 attesting to
the suitability of the person.
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67. Notice of change of particulars
A person who is the holder of a private security
licence, private security registration or permit
issued under the Act must advise the Chief
Commissioner in writing within 28 days of a
change in the following particulars in relation to
that person—
(a) the name of the person; or
(b) in the case of a private security business
licence, a private security business
registration or a permit issued under
section 65 or 120 of the Act, the principal
place of business of the person, if that place
is not the registered address of the business.
Penalty: 10 penalty units.
Note: Section 129 of the Act requires the holder of a
private security licence or a private security
registration to notify the Chief Commissioner of any
change in a registered address.
68. Certified copies of documents
If these Regulations require a certified copy of a
document, the copy of the document must be
certified by a person listed in section 107A of the
Evidence Act 1958 in accordance with the
following—
(a) each page of the copy, other than the last
page, must be certified to the effect that the
copy is a true and complete copy of the
corresponding page of the document; and
(b) the last page of the copy must be certified to
the effect that the copy is a true and complete
copy of the document.
__________________
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SCHEDULE
Regulation 63
REGISTER OF LICENCE, REGISTRATION AND PERMIT
HOLDERS
1. Name in which each licence, registration or permit is granted or issued.
2. Registered address of the holder of the licence, registration or permit.
3. Address of principal place of business of the holder (if not the same
address as the registered address).
4. Additional business names (if any).
5. Name and address of any close associate of the holder of a licence,
registration or permit and in the case of a holder that is a body
corporate, the names and addresses of the nominated person and each
officer of the body corporate.
6. Date of birth of each licence, registration and permit holder who is a
natural person, and in the case of a body corporate, date of birth of the
nominated person and each officer of the body corporate.
7. Type of licence, registration or permit.
8. Security activities authorised under the licence, registration or permit.
9. Any conditions imposed on the licence, registration or permit.
10. Date that the current licence, registration or permit was granted or
issued.
11. Date that the original licence or registration or first permit was granted
or issued (if known).
12. Expiry date of the current licence, registration or permit.
═══════════════
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ENDNOTES
FEE UNITS
These Regulations provide for fees by reference to fee units established under
the Monetary Units Act 2004. The amount of the fee is to be calculated, in
accordance with section 7 of that Act, by multiplying the number of fee units
applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2005, is
$10.49. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
Endnotes
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