Private Agents Regulations 2003

i Private Agents Regulations 2003 S.R. No. 27/2003 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Revocation 1 4. Definitions 2 5. Exemptions 2 PART 2—GENERAL 4 6. Register of private agents 4 7. Duties and functions of registrar 4 8. Licence fees and renewal fees—Part II licences 4 9. Licence fees and renewal fees—security licences 5 10. Reduced licence fee for certain applications made at the same time 5 11. Duplicate licence fee 6 12. Application for duplicate licence under Part IIA 6 13. Registrar may issue duplicate licence 6 14. Surrender of provisional licence—commercial sub-agents 6 15. Surrender of provisional licence—crowd controllers and security guards 7 16. Records 7 17. Offence not to record within 7 days 11 18. Inspection of records 11 19. Offence to obstruct during inspection 11 PART 3—SECURITY LICENCES 12 20. Application for security licence 12 21. Form of security licence 12 22. Change of particulars 13 23. Crowd controller's identification 13 24. Crowd Controllers Register 13 -- 1 of 27 -- Regulation Page ii PART 4—COMMERCIAL AGENT'S LICENCES 15 25. Commercial agent's licence application 15 26. Commercial sub-agent's licence application 15 27. Form of commercial agent's licence 15 28. Form of commercial sub-agent's licence 15 29. Commercial sub-agent's provisional licence 15 30. Endorsement of application for provisional licence 15 31. Notice of receipt of application 16 32. Objections 16 33. Change of nominee 16 34. Returns of licences 17 __________________ SCHEDULE 18 Forms 18 Form 1—Register of Private Agents 18 Form 2—Application for a Private Agent's Security Licence or Renewal (Inquiry Agent, Security Firm, Security Guard, Crowd Controller) 19 Form 3—Private Agent's Security Licence 20 Form 4—Application for a Commercial Agent's Licence or Renewal 20 Form 5—Application for a Commercial Sub-Agent's Licence or Renewal 21 Form 6—Commercial Agent's Licence 21 Form 7—Commercial Sub-Agent's Licence 22 Form 8—Commercial Sub-Agent's Provisional Licence 22 Form 9—Notice of receipt of Application for Commercial Agent's/Sub-Agent's Licence 23 Form 10—Notice of Objection to Licence Application 23 Form 11—Returns under Section 43 24 ═══════════════ ENDNOTES 25 -- 2 of 27 -- 1 STATUTORY RULES 2003 S.R. No. 27/2003 Private Agents Act 1966 Private Agents Regulations 2003 The Governor in Council makes the following Regulations: Dated: 2 April 2003 Responsible Minister: ANDRÉ HAERMEYER Minister for Police and Emergency Services HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to make provision for exemptions, forms, fees, records, procedures and other matters required for the purposes of the Private Agents Act 1966. 2. Authorising provisions These Regulations are made under sections 4(2) and 51 of the Private Agents Act 1966. 3. Revocation The Private Agents (Interim) (Amendment) Regulations 2002 1 are revoked. -- 3 of 27 -- Part 1—Preliminary Private Agents Regulations 2003 S.R. No. 27/2003 2 4. Definitions In these Regulations— "Act" means the Private Agents Act 1966; and "security licence" means a licence issued under Part IIA of the Act. 5. Exemptions The following classes of persons are exempt from the operation of the Act to the extent specified in relation to the relevant class of person— (a) employees of bodies corporate which are related to another body corporate within the meaning of section 50 of the Corporations Act in relation to undertaking the following on behalf of the body corporate which is related to the body corporate which employs those employees— (i) finding or repossessing goods or chattels which are the subject of a hire- purchase agreement or a bill of sale; or (ii) collecting or requesting the payment of debts; (b) persons who are employed to watch, guard or protect any property or vessel within the boundaries of the port land of the Port of Geelong, the Port of Hastings, the Port of Melbourne or the Port of Portland and any port declared to be a designated port under section 111 of the Marine Act 1988 in relation to the watching, guarding or protecting of any such property or vessel within those boundaries; r. 4 -- 4 of 27 -- Part 1—Preliminary Private Agents Regulations 2003 S.R. No. 27/2003 3 (c) persons who supply the services of persons referred to in paragraph (b) in relation to the watching, guarding or protecting of property or vessels referred to in that paragraph by the persons referred to in that paragraph. __________________ r. 5 -- 5 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 4 PART 2—GENERAL 6. Register of private agents The register must be kept in the form of Form 1 in the Schedule. 7. Duties and functions of registrar (1) The registrar must— (a) record in the register, in respect of every licence holder under the Act, the details set out in Form 1 in the Schedule; and (b) maintain a record of every licence holder under the Act who dies; and (c) keep a record of licence holders under the Act whose details have been removed from the register; and (d) in the case of security licence holders, maintain a record of every person whose licence expires or is suspended or cancelled; and (e) in the case of security licences, make a copy of the register available for inspection on request. Note: Section 7 of the Act deals with the inspection of the register and keeping of records of suspended and cancelled licences in relation to licences for commercial agents and commercial sub-agents. (2) It is a function of the registrar to provide advice on the operation of the Act and the regulations. 8. Licence fees and renewal fees—Part II licences (1) The prescribed licence fee for a commercial agent's licence is $285. (2) The prescribed renewal fee for a commercial agent's licence is $160. r. 6 -- 6 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 5 (3) The prescribed licence fee for a commercial sub- agent's licence is $160. (4) The prescribed renewal fee for a commercial sub- agent's licence is $65. 9. Licence fees and renewal fees—security licences (1) The prescribed licence fee and the prescribed renewal fee for an inquiry agent's licence is— (a) in the case of an individual, $150; (b) in the case of a corporation or partnership, $735. (2) The prescribed licence fee and the prescribed renewal fee for a security firm's licence is— (a) in the case of an individual, $360; (b) in the case of a corporation or partnership, $735. (3) The prescribed licence fee and the prescribed renewal fee for a security guard's licence is $150. (4) The prescribed licence fee and the prescribed renewal fee for a crowd controller's licence is $150. 10. Reduced licence fee for certain applications made at the same time If a person applies at the same time for the issue or renewal of a licence as a security guard and as a crowd controller— (a) the registrar may consider the applications at the same time; and (b) the prescribed licence fee or renewal fee (as the case requires) to accompany the application for the second licence is 10% of the fee set out in regulation 9 in respect of that licence. r. 9 -- 7 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 6 11. Duplicate licence fee For the purposes of section 17 of the Act, the prescribed fee for a duplicate licence is $20. 12. Application for duplicate licence under Part IIA (1) For the purposes of Part IIA of the Act, if a security licence is lost or is not in a fit state to be used as a licence, the holder of the licence may apply to the registrar for a duplicate licence. (2) An application under sub-regulation (1) must be accompanied by— (a) in the case of a holder of a licence who is a natural person, 2 passport-size colour photographs of the holder; and (b) a duplicate licence fee of $20.00. 13. Registrar may issue duplicate licence (1) On receiving an application under regulation 12, the registrar may issue a duplicate licence if he or she is satisfied that the security licence is lost or is not in a fit state to be used as a licence. (2) A duplicate licence must be endorsed before issue as a duplicate licence and contain the date of issue of the original security licence. 14. Surrender of provisional licence—commercial sub- agents (1) The holder of a provisional commercial sub-agent licence must surrender the provisional licence within 14 days after the earliest of the following— (a) the day when the commercial sub-agent's licence takes effect; or (b) the application for such licence is refused; or r. 11 -- 8 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 7 (c) the holder is served with a notice of objection in accordance with section 12(1)(b) of the Act. Penalty: 1 penalty unit. (2) A person who is required to surrender a provisional licence under sub-regulation (1) must return the provisional licence to the Magistrates' Court from which the provisional licence was issued. Penalty: 1 penalty unit. 15. Surrender of provisional licence—crowd controllers and security guards The holder of a provisional crowd controller licence or a provisional security guard licence must surrender the provisional licence to the registrar within 14 days after the earlier of the following— (a) a crowd controller licence or a security guard licence is issued to the holder; or (b) the holder is served with a notice under section 19G(5) of the Act by the registrar. Penalty: 1 penalty unit. 16. Records (1) In the case of a commercial agent requested to find any goods or chattels delivered under a hire- purchase agreement or bill of sale, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the commercial agent are— (a) the full name and address of the firm, corporation or person who made the request; and (b) the date the request was received; and r. 15 -- 9 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 8 (c) a description of the goods or chattels concerned; and (d) where the goods or chattels were found; and (e) if any premises had to be entered to find the goods or chattels— (i) how the entry was made; and (ii) the exact terms of the authority, document, arrangement or agreement under which legal power to make entry is claimed. (2) In the case of a commercial agent repossessing any goods or chattels delivered under a hire- purchase agreement or bill of sale, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the commercial agent are— (a) the full name and address of the firm, corporation or person who requested that the goods or chattels be repossessed; and (b) the date the request was received; and (c) the full name and address of the person from whom the goods or chattels were repossessed; and (d) the date and time of day of the repossession; and (e) the names of the agents who repossessed the goods or chattels; and (f) a full description of the goods or chattels repossessed and the place where, or the addresses of the premises at which, they were repossessed; and (g) whether or not the person from whom the goods or chattels were repossessed was present at the time of the repossession; and r. 16 -- 10 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 9 (h) if the person from whom the goods or chattels were repossessed was not present at the premises at the time of the repossession— (i) the names of any occupants of the premises who were present when the goods or chattels were repossessed; or (ii) if the occupants referred to in sub- paragraph (i) did not give their names, a statement that names were not provided; and (i) if the goods or chattels were repossessed at any premises and the person from whom they were repossessed was not present at the time of repossession, how entry was made into the premises; and (j) the exact terms of the authority, document, arrangement or agreement under which legal power to make the entry is claimed; and (k) what notice, if any, was given or left for the person from whom the goods or chattels were repossessed that the repossession was made; and (l) the address to which the repossessed goods or chattels were taken. (3) In the case of a commercial agent collecting or requesting payment of debts, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the commercial agent are— (a) the full name and address of the firm, corporation or person who requested that a debt be collected or that a request for payment of a debt be made; and r. 16 -- 11 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 10 (b) the date the request was received; and (c) the full name and address of the person or body from whom the debt was collected or to whom the request for payment of the debt was made; and (d) the amount of the debt. (4) In the case of an inquiry agent conducting an inquiry, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the inquiry agent are— (a) the full name and address of the corporation, partnership or person who requested an inquiry to be conducted; and (b) the date the request was received; and (c) a statement of the nature of the inquiry; and (d) the date a written statement of the information or evidence obtained or other final report on the inquiry was delivered to the person or body requiring the inquiry. (5) In the case of a security firm watching, guarding and protecting property, for the purposes of section 44A of the Act, the prescribed particulars of the functions performed by the security firm are— (a) the full name and address of the corporation, firm or person who requested the watching, guarding or protection of property; and (b) the names and addresses of the security guards employed. r. 16 -- 12 of 27 -- Part 2—General Private Agents Regulations 2003 S.R. No. 27/2003 11 17. Offence not to record within 7 days A specified private agent referred to in section 44A of the Act must ensure that each particular referred to in regulation 16 is recorded within 7 days after that particular becomes available. Penalty: 5 penalty units. 18. Inspection of records A person required to keep a record under section 44A of the Act must make the record available for inspection at any time during normal business hours by the following persons— (a) the registrar; (b) any member of the police force. Penalty: 5 penalty units. 19. Offence to obstruct during inspection A person must not obstruct the registrar or any member of the police force who is carrying out an inspection of a record under regulation 18. Penalty: 5 penalty units. __________________ r. 17 -- 13 of 27 -- Part 3—Security Licences Private Agents Regulations 2003 S.R. No. 27/2003 12 PART 3—SECURITY LICENCES 20. Application for security licence (1) An application for the issue or renewal of a security licence must be in the form of Form 2 in the Schedule. (2) For the purposes of section 19E of the Act, the prescribed supporting documents to accompany each application under sub-regulation (1) are— (a) in the case of an application by a natural person— (i) a certified copy or extract of the entry of birth of the applicant or other proof of identity; and (ii) 2 passport-size colour photographs of the applicant; and (b) in the case of an application by partners in a partnership who are natural persons— (i) a certified copy or extract of the entry of birth of each partner or other proof of identity; and (ii) 2 passport-size colour photographs of each partner; and (c) in the case of an application by a corporation, a copy of the certificate of incorporation; and (d) if authority is sought to operate under a business name, a copy of a certificate of registration of that name. 21. Form of security licence A security licence must be in the form of Form 3 in the Schedule. r. 20 -- 14 of 27 -- Part 3—Security Licences Private Agents Regulations 2003 S.R. No. 27/2003 13 22. Change of particulars A holder of a security licence must advise the registrar as soon as practicable of a change in any of the following particulars— (a) the name of the holder; or (b) the principal place of business of the holder (other than a registered address); or (c) the employer of the holder; or (d) if the holder of a security licence is a corporation or a partnership, the officers of the corporation or the partners in the partnership (as the case requires). Penalty: 1 penalty unit. Note: Section 23 of the Act deals with notification of change of a registered address. 23. Crowd controller's identification (1) For the purposes of section 41 of the Act, the identification to be worn by a crowd controller must consist of— (a) a number not less than 4 centimetres in height and 5 millimetres in thickness; and (b) the word "SECURITY" in letters not less than 5 millimetres in height. (2) The identification must be worn on the crowd controller's chest. 24. Crowd Controllers Register In addition to the details required by section 41A of the Act, the register required by that section must contain— (a) the times at which every crowd controller starts and finishes each period of duty at the place; and r. 22 -- 15 of 27 -- Part 3—Security Licences Private Agents Regulations 2003 S.R. No. 27/2003 14 (b) the signature of the crowd controller, to be entered in the register at the time of finishing each period of duty at the place. __________________ r. 24 -- 16 of 27 -- Part 4—Commercial Agent's Licences Private Agents Regulations 2003 S.R. No. 27/2003 15 PART 4—COMMERCIAL AGENT'S LICENCES 25. Commercial agent's licence application (1) An application for the issue or renewal of a commercial agent's licence must be in the form of Form 4 in the Schedule. (2) In the case of an application under sub-regulation (1) by a corporation, the application must be accompanied by a copy of the certificate of incorporation. 26. Commercial sub-agent's licence application An application for the issue or renewal of a commercial sub-agent's licence must be in the form of Form 5 in the Schedule. 27. Form of commercial agent's licence A commercial agent's licence must be in the form of Form 6 in the Schedule. 28. Form of commercial sub-agent's licence A commercial sub-agent's licence must be in the form of Form 7 in the Schedule. 29. Commercial sub-agent's provisional licence A commercial sub-agent's provisional licence must be in the form of Form 8 in the Schedule. 30. Endorsement of application for provisional licence After a Registrar of the Magistrates' Court issues a provisional licence to an applicant for a commercial sub-agent's licence, the Registrar of the Magistrates' Court must— (a) if in possession of the 3 copies of the application for the licence, endorse each of the copies with the expression "Provisional licence issued on" and insert the appropriate date; or r. 25 -- 17 of 27 -- Part 4—Commercial Agent's Licences Private Agents Regulations 2003 S.R. No. 27/2003 16 (b) if, in accordance with section 11 of the Act, the duplicate and triplicate of the application have been sent to the officer in charge at the police station nearest to that venue of the Court and the registrar— (i) immediately advise the officer in charge at the police station and the registrar of the issue of the provisional licence; and (ii) endorse the original copy of the application as required in paragraph (a). 31. Notice of receipt of application For the purposes of section 11 of the Act, the prescribed form of the notice of receipt of an application for a commercial agent's and commercial sub-agent's licence is Form 9 in the Schedule. 32. Objections An objection lodged by any person under section 12 of the Act against an application for a commercial agent's or commercial sub-agent's licence must be in the form of Form 10 in the Schedule. 33. Change of nominee If the nominee of a corporation or firm which holds a commercial agent's licence is changed, the new nominee must notify the Magistrates' Court within 14 days after the change. Penalty: 1 penalty unit. r. 31 -- 18 of 27 -- Part 4—Commercial Agent's Licences Private Agents Regulations 2003 S.R. No. 27/2003 17 34. Returns of licences The returns required by section 43 of the Act must— (a) be forwarded to the registrar no later than 7 days after the end of each month; and (b) be in the form of Form 11 in the Schedule. __________________ r. 34 -- 19 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 18 SCHEDULE FORMS FORM 1 REGISTER OF PRIVATE AGENTS 1. Name in which licence is issued. 2. Address of principal place of business. 3. Additional business names (if any). 4. In the case of a corporation or partnership— (a) the names and addresses of each director and the manager and secretary; and (b) if a commercial agent, the name and address of the nominee. 5. In the case of a licence authorising the licensee to carry on business as a private agent under a name other than the name of the licensee, the name and address of the licensee. 6. Date of birth of all licensees who are natural persons. 7. Type of licence and licence number. 8. Date current licence issued. 9. Date first licence issued (if known). 10. Expiry date of licence. __________________ Form 1 -- 20 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 19 FORM 2 APPLICATION FOR A PRIVATE AGENT'S SECURITY LICENCE OR RENEWAL (INQUIRY AGENT, SECURITY FIRM, SECURITY GUARD, CROWD CONTROLLER) 1. Type of licence(s) required. 2. If licence is to be issued in the name of a natural person— (a) Name and residential address of applicant (Full given names and surname). (b) Date of birth. (c) Trading name (if applicable). (d) Principal place of business or name and address of employer. 3. If licence is to be issued in the name of a corporation or partnership— (a) Name of applicant. (b) Registered name of corporation or partnership. (c) Registered business address. (d) Full given names and surname and date of birth of every director, manager and secretary of a corporation or of every partner in a partnership. 4. Additional names (if any) under which the applicant wishes to carry on business. 5. Have you, or anyone listed in answer to question 3(d), been convicted of any offence (other than a traffic offence) or are any charges for committing any offence (other than a traffic offence) pending against you or them? 6. Has any corporation of which you, or anyone listed in answer to question 3(d), are or were a director, manager or secretary been convicted of any offence or been charged with any offence that has not yet been dealt with? 7. Details of experience and qualifications. Signature of applicant. Date of application. __________________ Form 2 -- 21 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 20 FORM 3 PRIVATE AGENT'S SECURITY LICENCE 1. Type of licence—Inquiry Agent/Security Firm/Security Guard/Crowd Controller. 2. Name of licensee. 3. Expiry date. 4. Photograph of licensee (if a natural person). 5. Additional business name(s) (if applicable). 6. Licence number. Registrar of Private Agents. __________________ FORM 4 APPLICATION FOR A COMMERCIAL AGENT'S LICENCE OR RENEWAL 1. Name of corporation, firm or individual. 2. Principal place of business. 3. Name and address of nominee. 4. Names and addresses of officers of the corporation or of all partners of the firm. 5. Date on which application will be made and location of Magistrates' Court. Signature of applicant. Date of application. __________________ Form 3 -- 22 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 21 FORM 5 APPLICATION FOR A COMMERCIAL SUB-AGENT'S LICENCE OR RENEWAL 1. Name and residential address of applicant. 2. Place of business. 3. Date on which application will be made and location of Magistrates' Court. Signature of applicant. Date of application. __________________ FORM 6 COMMERCIAL AGENT'S LICENCE 1. Name of corporation, firm or individual. 2. Commencement and expiry dates of licence. 3. Photograph and signature of nominee or individual. 4. Licence number. Registrar of the Magistrates' Court. __________________ Form 5 -- 23 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 22 FORM 7 COMMERCIAL SUB-AGENT'S LICENCE 1. Name of licensee. 2. Commencement and expiry dates of licence. 3. Photograph of licensee. 4. Licence number. Signature of licensee. Registrar of the Magistrates' Court. __________________ FORM 8 COMMERCIAL SUB-AGENT'S PROVISIONAL LICENCE 1. Name of licensee. 2. Name and address of employer. 3. Date of issue. 4. Licence number. Signature of licensee. Registrar of the Magistrates' Court. __________________ Form 7 -- 24 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 23 FORM 9 Private Agents Act 1966 NOTICE OF RECEIPT OF APPLICATION FOR COMMERCIAL AGENT'S/SUB-AGENT'S LICENCE [Full name of applicant or, in the case of a firm or corporation, of the nominee] of [Residential address of applicant or nominee] *on behalf of [Name and address of firm or corporation] has applied for a commercial *agent's/*sub-agent's licence. The application will be heard on at the Magistrates' Court. Objections to the granting of the licence may be made in accordance with section 12 of the Private Agents Act 1966. Registrar of the Magistrates' Court. *Delete if not applicable. __________________ FORM 10 Private Agents Act 1966 NOTICE OF OBJECTION TO LICENCE APPLICATION 1. Name and address of applicant. 2. Name of firm or corporation (if applicable). 3. Type of licence applied for. 4. Location of Magistrates' Court. 5. Name, address and occupation of objector. 6. Grounds of objection. Signature of objector. Date of objection. __________________ Form 9 -- 25 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 24 FORM 11 Private Agents Act 1966 RETURNS UNDER SECTION 43 1. Licences issued, name and address of each licence holder, type of licence and date of issue and expiry date. 2. Licences suspended or cancelled, name and address of each former licence holder, type of licence and date of effect of suspension or cancellation. 3. Persons refused or disqualified from holding licences, name and address of each person refused or disqualified, type of licence and date of refusal or disqualification. Registrar of the Magistrates' Court. ═══════════════ Form 11 -- 26 of 27 -- Private Agents Regulations 2003 S.R. No. 27/2003 25 ENDNOTES 1 Reg. 3: S.R. No. 133/2002. Endnotes -- 27 of 27 --