Private Security Act 2004

Victorian Legislation and Parliamentary Documents i Private Security Act 2004 Act No. 33/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Act not applicable to certain persons 8 PART 2—OFFENCES 12 5. Offence to carry on the business of providing certain private security services without a private security business licence 12 6. Holding out offence—private security business licence 12 7. Offence to carry on certain activities without a private security individual operator licence 13 8. Holding out offence—private security individual operator licence 13 9. Offence to carry on the business of providing certain private security services without private security business registration 14 10. Holding out offence—private security business registration 14 11. Offence to carry on certain activities without private security individual operator registration 15 12. Holding out offence—private security individual operator registration 15 PART 3—LICENSING PRIVATE SECURITY OPERATORS 17 Division 1—General 17 13. Definitions 17 Division 2—Application for Private Security Licence 18 14. Grant of private security business licence 18 15. Grant of private security individual operator licence 18 16. Application for licence 18 17. Additional particular requirements for licence applications 19 18. Applicant to advertise application 21 19. Consideration of application by Chief Commissioner 22 20. Power of Chief Commissioner to investigate application 22 -- 1 of 159 -- Victorian Legislation and Parliamentary Documents Section Page ii 21. Particular powers of Chief Commissioner relating to known information 22 22. Particular powers of Chief Commissioner relating to fingerprinting 23 23. Information and documents to be provided 24 24. Chief Commissioner may refuse to make a decision on an application for a licence 25 Division 3—Granting and Renewal of Private Security Licences 25 25. Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator licence 25 26. Circumstances in which the Chief Commissioner must refuse to grant a private security business licence 27 27. Notice that private security licence may be refused 30 28. Further consideration of application and convening of hearing 31 29. Refusal of private security licence 31 30. Application and licence fees 32 31. Chief Commissioner may impose conditions on licence 32 32. Failure to comply with licence condition 33 33. Licence granted on condition that training be completed 33 34. Duration of licences 34 35. Power of Chief Commissioner to renew licences 34 36. Application to renew a licence 34 37. Circumstances in which the Chief Commissioner must refuse to renew a licence 35 38. Sections 27 to 29 to apply as if application for renewal of licence is application for licence 35 39. Application and renewal fees 35 40. Chief Commissioner to issue licence documents 35 Division 4—Variation and Requested Cancellation of Private Security Licences 36 41. Power of Chief Commissioner to vary licence on own motion 36 42. Application by holder of licence to vary licence to authorise additional activity 37 43. Application by holder of licence to vary or revoke a licence condition 38 44. Issue and surrender of licence document 39 45. Cancellation of licence or authority to carry on activity on licence holder's request 40 Division 5—Disciplinary Proceedings 41 46. Definition 41 47. Immediate cancellation of private security licence 41 48. Complaints 41 49. Investigation of complaints 41 50. Power of Chief Commissioner to hold disciplinary inquiry 42 -- 2 of 159 -- Victorian Legislation and Parliamentary Documents Section Page iii 51. Interim suspension of licence or authority 42 52. Notice to licence holder who is the subject of a disciplinary inquiry 43 53. Further notice as to oral submissions 43 54. Procedures at oral hearing 44 55. Powers of Chief Commissioner at disciplinary inquiry 45 56. Actions Chief Commissioner may take at inquiry 45 57. Notice of Chief Commissioner's decision 46 58. When decision under section 56 takes effect 46 59. Surrender and issue of licence document upon cancellation or suspension 46 60. Inquiry not prevented by other proceedings 47 61. Court may cancel or suspend licence 48 62. Surrender of licence document 48 63. Return of licence document 49 Division 6—Temporary Permits 49 64. Temporary interstate visitor permit to carry out activity 49 65. Temporary interstate visitor permit to carry on business of providing services 50 66. Temporary overseas bodyguard visitor permit 50 67. Overseas bodyguard with temporary interstate or Territory permit 51 68. Procedure for applications for permits 51 69. Fees for permits 53 70. Limitations and conditions on permits 53 PART 4—REGISTRATION OF PRIVATE SECURITY OPERATORS 54 Division 1—Application for Private Security Registration 54 71. Grant of private security business registration 54 72. Grant of private security individual operator registration 54 73. Application for registration 54 74. Additional particular requirements for registration applications 55 75. Applicant to advertise application 57 76. Consideration of application by Chief Commissioner 58 77. Power of Chief Commissioner to investigate application 58 78. Particular powers of Chief Commissioner relating to known information 58 79. Particular powers of Chief Commissioner relating to fingerprinting 59 80. Information and documents to be provided 60 81. Chief Commissioner may refuse to make a decision on an application for a registration 61 -- 3 of 159 -- Victorian Legislation and Parliamentary Documents Section Page iv Division 2—Granting and Renewal of Private Security Registrations 61 82. Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator registration 61 83. Circumstances in which the Chief Commissioner must refuse to grant a private security business registration 62 84. Notice that private security registration may be refused 65 85. Further consideration of application and convening of hearing 65 86. Refusal of private security registration 66 87. Application and registration fees 66 88. Chief Commissioner may impose conditions on registration 67 89. Failure to comply with registration condition 67 90. Duration of registration 68 91. Power of Chief Commissioner to renew registration 68 92. Application to renew registration 68 93. Circumstances in which the Chief Commissioner must refuse to renew registration 69 94. Sections 84 to 86 to apply as if application for renewal of registration is application for registration 69 95. Application and renewal fees 69 96. Chief Commissioner to issue registration documents 69 Division 3—Variation and Requested Cancellation of Private Security Registrations 70 97. Power of the Chief Commissioner to vary registration 70 98. Application by holder of registration to vary registration to authorise additional activity 71 99. Application by holder of registration to vary a registration 72 100. Issue and surrender of registration document 73 101. Cancellation of registration or authority to carry on activity on registration holder's request 74 Division 4—Disciplinary Proceedings 75 102. Definition 75 103. Complaints 75 104. Investigation of complaints 75 105. Power of Chief Commissioner to hold disciplinary inquiry 75 106. Interim suspension of registration or authority 76 107. Notice to registration holder who is the subject of a disciplinary inquiry 77 108. Further notice as to oral submissions 77 109. Procedures at oral hearing 78 110. Powers of Chief Commissioner at disciplinary inquiry 79 111. Actions Chief Commissioner may take at inquiry 79 112. Notice of Chief Commissioner's decision 80 113. When decision under section 111 takes effect 80 -- 4 of 159 -- Victorian Legislation and Parliamentary Documents Section Page v 114. Surrender and issue of registration document upon cancellation or suspension 80 115. Inquiry not prevented by other proceedings 81 116. Court may cancel or suspend registration 82 117. Surrender of registration document 82 118. Return of registration document 83 Division 5—Temporary Permits 83 119. Temporary interstate visitor permit to carry on activity 83 120. Temporary interstate visitor permit to carry on the business of providing services 84 121. Procedure for applications for permits 84 122. Fees for permits 86 123. Limitations and conditions on permits 86 PART 5—GENERAL PROVISIONS APPLYING TO LICENCES AND REGISTRATIONS 87 124. Nominated person of body corporate 87 125. Duplicate licence or registration document 89 126. Business name 90 127. No entitlement to fees etc. unless licensed or registered 90 128. Licence, registration or permit to be produced on demand 91 129. Registered address 93 130. Advertisements to contain licence or registration number 94 131. Offence to provide or employ unlicensed persons 94 132. Offence to provide or employ unregistered persons 95 133. Requirement to display licence or registration document at business premises 95 134. Permanent records to be kept 96 135. False or misleading statements and particulars 96 136. Documents submitted by bodies corporate to be completed by nominated person 97 PART 6—PARTICULAR PROVISIONS FOR CROWD CONTROLLERS 98 137. Definitions 98 138. Crowd controllers must wear identification 98 139. Duties of activity manager as to register 98 140. Duties of business licence holder as to register 99 141. Duties of crowd controller and manager as to register 100 142. Information required to be entered in the register 101 143. Entry of premises to inspect completed register or copy 102 144. Completed register may be copied 102 145. Powers of police and authorised persons to seize completed register or copy 102 146. Completed register or copy may be retained for copying 103 -- 5 of 159 -- Victorian Legislation and Parliamentary Documents Section Page vi 147. Retention and return of seized completed register or copy 103 148. Magistrates' Court may extend 3 month period for retention of completed register or copy 104 149. Evidentiary value of documents certified by police or authorised person 104 PART 7—REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 105 150. Review by VCAT 105 151. Time period for making application for review 106 PART 8—INSPECTION AND ENFORCEMENT 107 Division 1—Inspection powers 107 152. Appointment of authorised persons 107 153. Offence to hinder or obstruct 107 154. Warrants to search premises 108 155. Announcement before entry 109 156. Copy of the warrant to be given to occupier 110 Division 2—Enforcement 110 157. Proceedings for offences 110 158. Evidence of matters relating to register 110 159. Liability of officers of body corporate for offences committed by the body corporate 110 160. How to determine state of mind of a body corporate 111 161. Liability of body corporate or holder of licence or registration for acts of officers, employees or agents 111 162. Service of documents 112 PART 9—INFRINGEMENT NOTICES 113 163. Power to serve a notice 113 164. Form of notice 113 165. Late payment of penalty 114 166. Withdrawal of notice 114 167. Payment expiates offence 115 168. Application of penalty 115 169. Prosecution after service of infringement notice 116 170. Enforcement of infringement penalty 116 PART 10—GENERAL 117 171. Chief Commissioner may delegate functions 117 172. Chief Commissioner may approve training requirements etc. 117 173. Chief Commissioner to keep register 118 -- 6 of 159 -- Victorian Legislation and Parliamentary Documents Section Page vii 174. Requirement to notify Chief Commissioner of changes to close associates 118 175. Body corporate to notify Chief Commissioner of changes to officers 119 176. Requirement to notify Chief Commissioner of criminal charges 120 177. Annual reporting 121 178. Statutory review of this Act 122 179. Supreme Court—Limitation of Jurisdiction 123 180. Regulations 123 PART 11—TRANSITIONAL PROVISIONS 128 181. Definitions 128 182. Licences under old Act deemed to be private security business licences 128 183. Licences under old Act deemed to be private security individual operator licences 129 184. Transitional provision for security equipment installers, security advisers and bodyguards 130 185. Proceedings at VCAT for review of decisions under the old Act 131 PART 12—AMENDMENTS TO PRIVATE AGENTS ACT 1966 132 Division 1—General amendments 132 186. Definitions 132 187. Repeal of exemption relating to security guards 132 188. Categories of private agents 132 189. Chief Commissioner to keep register 132 190. Repeal of Part IIA 132 191. Registered address 133 192. Repeal of Division heading in Part IV 133 193. Surety 133 194. Termination of fidelity bond 133 195. Payment into bank 133 196. Amendments to section 34A 133 197. Repeal of Part IVA 136 198. Review of decision 136 199. Permanent records to be kept by commercial agents 136 200. Judicial notice of certificates of the Chief Commissioner 137 201. Regulations 137 202. Further amendments to Private Agents Act 1966 137 -- 7 of 159 -- Victorian Legislation and Parliamentary Documents Section Page viii Division 2—Repeal of Section 19I and Insertion of Power to Impose Conditions 137 203. Insertion of new section 19HA 137 19HA. Registrar may impose conditions on licence 137 204. Repeal of section 19I 137 PART 13—AMENDMENTS TO OTHER ACTS 138 205. Amendment to Major Events (Crowd Management) Act 2003 138 206. Amendment to Melbourne and Olympic Parks Act 1985 138 207. Amendments to the Firearms Act 1996 139 208. Amendments to the Casino Control Act 1991 139 209. Amendment to Gaming Machine Control Act 1991 139 210. Amendment to Gaming No. 2 Act 1997 140 211. Amendments to Gambling Regulation Act 2003 140 __________________ SCHEDULE—Further Amendments to Private Agents Act 1966 141 ═══════════════ ENDNOTES 143 INDEX 144 -- 8 of 159 -- Victorian Legislation and Parliamentary Documents 1 Private Security Act 2004† [Assented to 1 June 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to provide for the licensing and registration of certain participants in the private security industry; and (b) to otherwise regulate the private security industry for the purposes of ensuring public safety and peace; and Victoria No. 33 of 2004 -- 9 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 2 (c) to amend the Private Agents Act 1966; and (d) to make consequential amendments to the Major Events (Crowd Management) Act 2003, the Melbourne and Olympic Parks Act 1985, the Firearms Act 1996, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Gaming No. 2 Act 1997 and the Gambling Regulation Act 2003. 2. Commencement (1) Section 1, this section and Division 2 of Part 12 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2005, it comes into operation on that day. 3. Definitions In this Act— "approved security industry organisation" means an organisation approved by the Chief Commissioner under section 172; "authorised person" means a person appointed by the Chief Commissioner under section 152; "bodyguard" means a person who is employed or retained to provide a close personal protection service; "Chief Commissioner" means the Chief Commissioner of Police appointed under the Police Regulation Act 1958; s. 2 -- 10 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 3 "class A security activity" means any one of the following activities— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or (d) acting as a security guard; "class B security activity" means any one of the following activities— (a) acting as a security equipment installer; or (b) acting as a security adviser; "close associate" means, in relation to the holder of a private security business licence or a private security business registration, a person (other than, in the case of a licence or registration holder that is a body corporate, a person who is an officer of the body corporate)— (a) who is able to exercise a significant influence over or with respect to the conduct of the business conducted under the licence or registration because that person— (i) holds an interest in the capital or assets of that business or is entitled to receive any income derived from that business (whether the entitlement arises at law or in equity or otherwise); or (ii) holds any power (whether exercisable by voting or otherwise and whether exercisable alone or in association with others) to participate in any managerial or s. 3 -- 11 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 4 executive decision in that business or to appoint any person to a position of management in that business (whether in the capacity of director, manager or secretary or in any other capacity)— other than, in the case of a business that is a public company, a person who is able to exercise a significant influence over or with respect to the business, merely because that person is a shareholder of the company; or (b) who participates in the management of the business conducted under the licence or registration— and, in relation to an applicant for a private security business licence or a private security business registration, means any person who would, if a licence were issued to the applicant or the applicant obtained registration (as the case may be), be a person to whom paragraph (a) or (b) would apply; "crowd controller" means a person who is employed or retained principally to maintain order at any public place by doing all or any of the following— (a) screening entry into; or (b) monitoring or controlling behaviour in; or (c) removing any person from; or (d) otherwise maintaining order in— any such place, unless that person is doing nothing more than securing or checking that persons allowed admission— s. 3 -- 12 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 5 (e) have paid for admission; or (f) have invitations or passes allowing for admission; "insolvent under administration" has the same meaning as in the Prostitution Control Act 1994; "investigator" means any person who on behalf of any other person, is employed or retained— (a) to obtain and furnish information as to the personal character or actions of any person or as to the character or nature of the business or occupation of any person; or (b) to search for missing persons; "known information" means any records concerning a person kept by or on behalf of— (a) the Chief Commissioner; or (b) any person holding a position equivalent to that of the Chief Commissioner in the Commonwealth or in a State or Territory of the Commonwealth or any other country; "member of the police force" has the same meaning as "member of the force" has in the Police Regulation Act 1958; "nominated person", in relation to a licence or registration holder, means the person nominated under section 124 by that licence or registration holder (as the case may be); s. 3 -- 13 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 6 "officer"— (a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, means a person (not being an employee of the body corporate) to whom the definition of "officer" in section 82A of that Act applies; and (b) in relation to a body corporate that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate, if that person is not an employee of the body corporate; "partnership" has the same meaning as in section 5 of the Partnership Act 1958; "private security business licence" means a licence granted by the Chief Commissioner under section 14; "private security business registration" means the registration of a person by the Chief Commissioner under section 71; "private security individual operator licence" means a licence granted by the Chief Commissioner under section 15; "private security individual operator registration" means the registration of a person by the Chief Commissioner under section 72; "private security licence" means a private security business licence or a private security individual operator licence; s. 3 -- 14 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 7 "private security registration" means a private security business registration or a private security individual operator registration; "public place" means— (a) any premises in respect of which a licence or permit has been granted under the Liquor Control Reform Act 1998; or (b) any place to which the public have, or are permitted to have, access, regardless of whether or not they have to pay to enter; "register of licence and registration holders" means the register kept by the Chief Commissioner under section 173; "registered address" means the address of the holder of a private security licence or of a private security registration specified under section 129; "security activity" means a class A security activity or a class B security activity; "security adviser" means a person who is employed or retained to provide advice in relation to security equipment or security methods or principles; "security equipment" means any mechanical, electronic, acoustic or other equipment— (a) designed, adapted or purporting to provide or to enhance security; or (b) for the protection or watching of property— that is prescribed by the regulations; s. 3 -- 15 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 8 "security equipment installer" means a person who is employed or retained to install, repair, service or maintain security equipment; "security guard" means a person who is employed or retained to protect, watch or guard any property by any means including— (a) by patrolling the property in person; or (b) by monitoring the property by operating a security system that utilises closed circuit television, a closed monitoring system, radio or other similar alarm device; "specified identification method" in relation to a person, means proof of the identity of the person in the same manner and to the same extent as is required for an identification reference under the Financial Transactions Reports Act 1988 of the Commonwealth; "trustee company" has the same meaning as in the Trustee Companies Act 1984. 4. Act not applicable to certain persons A person is not required to hold a private security licence, a private security registration or a temporary permit issued under Division 6 of Part 3 or Division 5 of Part 4, if that person is— (a) a member of the police force of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth who is carrying on his or her functions as such a member; (b) a member of the defence force of the Commonwealth who is carrying on his or her functions as such a member; s. 4 -- 16 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 9 (c) an employee of— (i) the Crown in right of the Commonwealth or the State of Victoria; or (ii) any Government department of the Commonwealth or of the State of Victoria— who is carrying on his or her functions as such an employee; (d) a person authorised under section 221AB of the Transport Act 1983 to act as an authorised officer for the purposes of Part VII of that Act, who is carrying on his or her functions as such an authorised officer; (e) a legal practitioner within the meaning of the Legal Practice Act 1996 who is acting in the ordinary course of his or her legal practice or any clerk of such a legal practitioner who is carrying on his or her duties in the ordinary course of that practice; (f) a qualified public accountant who is acting in the ordinary course of his or her accounting practice; (g) a person— (i) who is acting in the ordinary course of carrying on the business of— (A) insurance; or (B) an insurance adjustment agency; or (C) a trustee company; or s. 4 -- 17 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 10 (ii) who is an employee or agent of a person referred to in sub-paragraph (i) who is carrying on his or her duties as such an employee or an agent (as the case may be)— where the business or duties that the person is carrying on is not covert enquiries or surveillance; (h) 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 business licence is required, or a business for which a private security business registration is required) is required— (i) to watch, guard or protect any property or do any inquiry work; or (ii) only in connection with the employer's business to— (A) install, maintain, repair or service internal security equipment; or (B) provide advice to the employer in relation to security and related services matters— if the employee— (iii) is not the holder of a private security individual operator licence that is suspended under this Act; or (iv) is not the holder of a private security individual operator registration that is suspended under this Act; or s. 4 -- 18 of 159 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Private Security Act 2004 Act No. 33/2004 11 (v) is not a person who was the holder of a private security individual operator licence that has been cancelled under this Act and who is not entitled to apply for a new licence under this Act; or (vi) is not a person who was the holder of a private security individual operator registration that has been cancelled under this Act and who is not entitled to apply for a new registration under this Act; (i) a protective services officer appointed under Part VIA of the Police Regulation Act 1958 who is carrying on his or her functions under that Act; (j) a contractor or a sub-contractor within the meaning of the Corrections Act 1986 who is carrying on his or her functions or powers under that Act; (k) an employee of a contractor or sub- contractor referred to in paragraph (j) who is carrying on his or her duties as such an employee; (l) a person who is a member of any prescribed class of person to the extent prescribed. __________________ s. 4 -- 19 of 159 -- Victorian Legislation and Parliamentary Documents Part 2—Offences Private Security Act 2004 Act No. 33/2004 12 PART 2—OFFENCES 5. Offence to carry on the business of providing certain private security services without a private security business licence A person must not carry on the business of providing the services of other persons to carry on an activity specified in any of the following paragraphs— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or (d) acting as a security guard— unless that person is the holder of a private security business licence that authorises that person to carry on the business of providing services of persons to carry on that activity. Penalty: 120 penalty units in the case of a natural person; 240 penalty units in the case of a body corporate. 6. Holding out offence—private security business licence A person must not in any way indicate that the person carries on or is willing to carry on the business of providing the services of other persons to carry on an activity specified in any of the following paragraphs— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or s. 5 -- 20 of 159 -- Victorian Legislation and Parliamentary Documents Part 2—Offences Private Security Act 2004 Act No. 33/2004 13 (d) acting as a security guard— unless that person is the holder of a private security business licence that authorises that person to carry on the business of providing services of persons to carry on that activity. Penalty: 20 penalty units in the case of a natural person; 40 penalty units in the case of a body corporate. 7. Offence to carry on certain activities without a private security individual operator licence A person must not carry on an activity specified in any of the following paragraphs— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or (d) acting as a security guard— unless that person is the holder of a private security individual operator licence that authorises that person to carry on that activity. Penalty: 120 penalty units. 8. Holding out offence—private security individual operator licence A person must not in any way indicate that the person carries on or is willing to carry on an activity specified in any of the following paragraphs— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or s. 7 -- 21 of 159 -- Victorian Legislation and Parliamentary Documents Part 2—Offences Private Security Act 2004 Act No. 33/2004 14 (d) acting as a security guard— unless that person is the holder of a private security individual operator licence that authorises that person to carry on that activity. Penalty: 20 penalty units. 9. Offence to carry on the business of providing certain private security services without private security business registration A person must not carry on the business of providing the services of other persons to carry on an activity specified in any of the following paragraphs— (a) acting as a security equipment installer; or (b) acting as a security adviser— unless that person has a private security business registration that authorises that person to carry on the business of providing services of persons to carry on that activity. Penalty: 120 penalty units in the case of a natural person; 240 penalty units in the case of a body corporate. 10. Holding out offence—private security business registration A person must not in any way indicate that the person carries on or is willing to carry on the business of providing the services of persons to carry on an activity specified in any of the following paragraphs— (a) acting as a security equipment installer; or s. 9 -- 22 of 159 -- Victorian Legislation and Parliamentary Documents Part 2—Offences Private Security Act 2004 Act No. 33/2004 15 (b) acting as a security adviser— unless that person has a private security business registration that authorises that person to carry on the business of providing services of persons to carry on that activity. Penalty: 20 penalty units in the case of a natural person; 40 penalty units in the case of a body corporate. 11. Offence to carry on certain activities without private security individual operator registration (1) A person must not carry on an activity specified in any of the following paragraphs— (a) acting as a security equipment installer; or (b) acting as a security adviser— unless that person has a private security individual operator registration that authorises that person to carry on that activity. Penalty: 120 penalty units. (2) Sub-section (1) does not apply to a natural person who is the holder of a private security business registration that authorises that person to carry on the business of providing services of persons to carry on that activity. 12. Holding out offence—private security individual operator registration (1) A person must not in any way indicate that the person carries on or is willing to carry on an activity specified in any of the following paragraphs— (a) acting as a security equipment installer; or s. 11 -- 23 of 159 -- Victorian Legislation and Parliamentary Documents Part 2—Offences Private Security Act 2004 Act No. 33/2004 16 (b) acting as a security adviser— unless that person has a private security individual operator registration that authorises that person to carry on that activity. Penalty: 20 penalty units. (2) Sub-section (1) does not apply to a natural person who is the holder of a private security business registration that authorises that person to carry on the business of providing services of persons to carry on that activity. __________________ s. 12 -- 24 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 17 PART 3—LICENSING PRIVATE SECURITY OPERATORS Division 1—General 13. Definitions In this Part— "disqualifying offence" means— (a) any offence under Part 5 of the Drugs, Poisons and Controlled Substances Act 1981 involving— (i) trafficking in a drug of dependence; or (ii) cultivation of narcotic plants in any commercial quantity— within the meaning of that Act; or (b) any assault punishable by a term of imprisonment of 6 months or more; "particular indictable offence" means an indictable offence that does not include a disqualifying offence; "prohibited person" means— (a) a person in relation to whom not more than 10 years have expired since that person was convicted of a disqualifying offence; or (b) a person in relation to whom not more than 5 years have expired since that person has been found guilty of a disqualifying offence without a conviction being recorded. s. 13 -- 25 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 18 Division 2—Application for Private Security Licence 14. Grant of private security business licence (1) The Chief Commissioner may license a person to carry on the business of providing the services of other persons to carry on any one or more activities specified in the following paragraphs— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or (d) acting as a security guard. (2) In granting a licence under sub-section (1), the Chief Commissioner must specify the activities that are authorised under the licence. 15. Grant of private security individual operator licence (1) The Chief Commissioner may license a natural person to carry on any one or more activities specified in the following paragraphs— (a) acting as an investigator; or (b) acting as a bodyguard; or (c) acting as a crowd controller; or (d) acting as a security guard. (2) In granting a licence under sub-section (1), the Chief Commissioner must specify the activities that are authorised under the licence. 16. Application for licence An application for a private security licence must— (a) be made in a form approved by the Chief Commissioner; and s. 14 -- 26 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 19 (b) contain the prescribed particulars; and (c) be accompanied by any other prescribed documents or prescribed information. 17. Additional particular requirements for licence applications (1) An application for a private security individual operator licence must be accompanied by— (a) proof of identity of the applicant, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (b) two written references from a prescribed class of person attesting to the applicant's suitability to hold a private security individual operator licence. (2) An application for a private security business licence must— (a) in the case of an application by a natural person, be accompanied by— (i) proof of identity of the applicant, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (ii) two written references from a prescribed class of person attesting to the applicant's suitability to hold a private security business licence; and (iii) a statement setting out the name and the business, residential and postal address of any person who is a close associate of the applicant, that is signed by each close associate specified in the statement; and s. 17 -- 27 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 20 (iv) proof of identity of each person named in the statement, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (v) two written references from a prescribed class of person for each person named in the statement; and (b) in the case of an application by a body corporate be accompanied by— (i) a statement setting out the name and the business, residential and postal address of— (A) the nominated person of the body corporate; and (B) any other officers of the body corporate; and (C) any person who is a close associate of the applicant— that is, in the case of a statement relating to a close associate, signed by the close associate; and (ii) proof of identity of each person named in the statement, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (iii) two written references from a prescribed class of person for each person named in the statement. s. 17 -- 28 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 21 18. Applicant to advertise application (1) An applicant for a private security business licence must— (a) within 7 days after the day on which an application is lodged with the Chief Commissioner, cause to be advertised in a daily newspaper circulating generally in Victoria, a notice setting out— (i) the fact that the applicant has made the application; and (ii) the business name and business address of the applicant; and (iii) the class of licence being applied for; and (iv) the fact that a person may object (under sub-section (2)) to the granting of a licence; and (v) the period within which an objection to the granting of a licence must be lodged with the Chief Commissioner; and (b) within 14 days after the day on which an application is lodged with the Chief Commissioner, provide the Chief Commissioner with a copy of the advertisement including the date the advertisement was published. (2) A person may object to the granting of a private security business licence by setting out the grounds of the objection in a written submission forwarded to the Chief Commissioner. (3) In determining the application, the Chief Commissioner must consider any submission received by him or her within 14 days after the day of the publication of the advertisement, unless he or she is satisfied that the submission is s. 18 -- 29 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 22 frivolous, vexatious or irrelevant to the grant of a licence to the applicant. 19. Consideration of application by Chief Commissioner The Chief Commissioner must consider every application for a private security licence. 20. Power of Chief Commissioner to investigate application In considering an application for a private security licence the Chief Commissioner may, in order to ascertain whether the criteria set out in section 25 or 26 (as the case requires) are satisfied, conduct any investigation or make any inquiry that he or she thinks fit. 21. Particular powers of Chief Commissioner relating to known information In conducting an investigation or making an inquiry under section 20, the Chief Commissioner may— (a) in the case of an application for a private security individual operator licence, have regard to any known information about the applicant that is relevant to the application; or (b) in the case of an application for a private security business licence by a natural person, have regard to any known information about the person or a close associate of the person that is relevant to the application; or (c) in the case of an application for a private security business licence by a body corporate, have regard to any known information (that is relevant to the application) about— (i) the body corporate; and s. 19 -- 30 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 23 (ii) the nominated person; and (iii) any officer of the body corporate; and (iv) any close associate of the body corporate. 22. Particular powers of Chief Commissioner relating to fingerprinting (1) In conducting an investigation or making an inquiry under section 20, the Chief Commissioner may require a full set of fingerprints to be provided to him or her of any of the following persons to provide proof of their identity— (a) in the case of an application for a private security individual operator licence, the applicant; (b) in the case of an application for a private security business licence by a natural person, the person or a close associate of the person; (c) in the case of an application for a private security business licence by a body corporate— (i) the nominated person; (ii) any officer of the body corporate; (iii) any close associate of the body corporate. (2) The Chief Commissioner may not request a full set of fingerprints under sub-section (1) unless— (a) there is reasonable doubt as to the identity of the applicant, a close associate of the applicant, the nominated person or an officer of the body corporate (as the case may be); and (b) proof of the identity cannot be ascertained by other reasonably available means. s. 22 -- 31 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 24 (3) If any fingerprints are provided to the Chief Commissioner under this section, the Chief Commissioner must ensure that— (a) the fingerprints are destroyed— (i) within 28 days after they are no longer required in connection with the application to which they relate; or (ii) no later than 6 months from the date they were provided— whichever is the earlier; and (b) the applicant, the close associate of the applicant, the nominated person or the officer of the body corporate (as the case may be), is notified of the destruction as soon as practicable. (4) Fingerprints that are provided to the Chief Commissioner under this section are not admissible as evidence in any proceedings. 23. Information and documents to be provided For the purposes of an inquiry or investigation under section 20, the Chief Commissioner may require by a notice in writing to an applicant— (a) that the Chief Commissioner be provided with any information, relevant to the application and specified in the notice, in the manner required by the Chief Commissioner (and verified by a statutory declaration if necessary) if the Chief Commissioner is of the opinion that the information relates to the applicant, a close associate of the applicant, the nominated person or an officer of the body corporate (as the case requires); or s. 23 -- 32 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 25 (b) that any record, relevant to the application and specified in the notice, be produced to the Chief Commissioner if the Chief Commissioner is of the opinion that the record relates to the applicant, a close associate of the applicant, the nominated person or an officer of the body corporate (as the case requires); or (c) that any record produced to the Chief Commissioner under paragraph (b) be made available for inspection and for the taking of copies. 24. Chief Commissioner may refuse to make a decision on an application for a licence The Chief Commissioner may refuse to make a decision on an application for a private security licence if the applicant does not comply with any requirement of the Chief Commissioner under this Division in relation to the application within a reasonable time of the requirement being made. Division 3—Granting and Renewal of Private Security Licences 25. Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator licence (1) The Chief Commissioner must not grant a private security individual operator licence if— (a) he or she is satisfied that the granting of the licence is not in the public interest; or (b) he or she is not satisfied that the applicant meets the probity requirements set out in sub-section (2); or s. 24 -- 33 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 26 (c) he or she is not satisfied that the applicant meets the competency requirement set out in sub-section (3). (2) For the purposes of sub-section (1)(b) the probity requirements are that the person— (a) is fit and proper; and (b) is aged 18 years or more; and (c) has not contravened or failed to comply with any provision of this Act, the regulations or any corresponding previous enactment, to the extent that warrants the refusal of the licence; and (d) is not a prohibited person; and (e) is not a person in relation to whom— (i) not more than 10 years have expired since that person was convicted of a particular indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence; or (ii) not more than 5 years have expired since that person has been found guilty (without a conviction being recorded) of a particular indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence; and (f) is not a person who is charged with— (i) a particular indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence; or (ii) a disqualifying offence. s. 25 -- 34 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 27 (3) For the purposes of sub-section (1)(c), the competency requirement is that the person has successfully completed any approved training requirements or has the experience or training approved by the Chief Commissioner as relevant to each activity or any aspect of each such activity that the person is authorised to carry on under the licence. 26. Circumstances in which the Chief Commissioner must refuse to grant a private security business licence (1) The Chief Commissioner must not grant a private security business licence if— (a) he or she is satisfied that the granting of the licence is not in the public interest; or (b) he or she is not satisfied that each relevant person in relation to the application meets the probity requirements set out in sub- section (2); or (c) he or she is satisfied that the applicant (if the applicant is a body corporate) has been convicted or found guilty of an offence, which in the opinion of the Chief Commissioner, warrants the refusal of the licence; or (d) he or she is not satisfied that the applicant or (if the applicant is a body corporate) the nominated person meets the competency requirements set out in sub-section (3); or (e) the applicant, or nominated person (in the case of a body corporate) has not produced, in relation to the business— (i) a certificate of currency for public liability insurance; and s. 26 -- 35 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 28 (ii) evidence, to the satisfaction of the Chief Commissioner, of compliance with existing statutory workplace obligations; or (f) he or she is not satisfied that the applicant has or will be able to obtain financial resources that are adequate to ensure the financial viability of the business. (2) For the purposes of sub-section (1)(b) the probity requirements are that the person— (a) is fit and proper; and (b) is aged 18 years or more; and (c) has not contravened or failed to comply with any provision of this Act, the regulations or any corresponding previous enactment, to the extent that warrants the refusal of the licence; and (d) is not a prohibited person; and (e) is not a person in relation to whom— (i) not more than 10 years have expired since that person was convicted of a particular indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence or to be involved or connected with a business carried on under a private security licence; or (ii) not more than 5 years have expired since that person has been found guilty (without a conviction being recorded) of a particular indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence or to be s. 26 -- 36 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 29 involved or connected with a business carried on under a private security licence; and (f) is not a person who is charged with— (i) a particular indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence or to be involved or connected with a business carried on under a private security licence; or (ii) a disqualifying offence; and (g) has not, within the preceding 5 years, been declared bankrupt; and (h) is not insolvent under administration. (3) For the purposes of sub-section (1)(d), the competency requirements are that the person— (a) is a member of one or more approved security industry organisations, membership of which the Chief Commissioner considers is relevant to each activity or any aspect of each activity authorised under the licence; or (b) possesses the qualifications, knowledge, training or experience approved by the Chief Commissioner in relation to each activity or any aspect of each activity authorised under the licence. (4) In this section "relevant person in relation to an application" means— (a) in the case of an application by a natural person for a private security business licence, the applicant for the licence and any close associate of the applicant; s. 26 -- 37 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 30 (b) in the case of an application by a body corporate for a private security business licence, each of the following— (i) the nominated person for the body corporate; (ii) any officer of the body corporate; (iii) any close associate of the body corporate. 27. Notice that private security licence may be refused (1) If the Chief Commissioner is proposing not to grant a private security licence for any reason other than that set out in sub-section (2), the Chief Commissioner must, before deciding not to grant the licence, serve on the applicant a notice— (a) specifying the reason why the Chief Commissioner is proposing not to grant the licence; and (b) inviting the applicant to make a written submission in accordance with sub- section (3). (2) If the Chief Commissioner is proposing not to grant a private security licence because he or she is satisfied that the applicant, a close associate of the applicant or, if the applicant is a body corporate, the nominated person or an officer of the body corporate, is a prohibited person, the Chief Commissioner must serve on— (a) the applicant; and (b) any person who the Chief Commissioner is satisfied is a prohibited person— a notice specifying the reason why the licence is not to be granted. s. 27 -- 38 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 31 (3) An applicant who has been served with a notice under sub-section (1) may, within 28 days after the day on which the applicant is served with the notice, make a submission to the Chief Commissioner concerning any reason that is specified in the notice. 28. Further consideration of application and convening of hearing (1) After receiving a submission within the time specified under section 27(3), the Chief Commissioner may— (a) further consider the application; or (b) after giving notice to the applicant, convene a hearing to further consider the application. (2) An applicant may be represented at a hearing by any person the applicant chooses, but is not entitled to receive any costs in respect of a hearing. (3) The Chief Commissioner may arrange for an electronic recording of a hearing to be made. (4) The Chief Commissioner— (a) must retain any electronic recording of a hearing for a period of no less than 3 months from the date of the hearing; and (b) may destroy the recording at the end of the period under paragraph (a). 29. Refusal of private security licence The Chief Commissioner must not make a decision not to grant a private security licence unless the Chief Commissioner has— (a) considered any written submission made by the applicant within the time specified in the notice under section 27(1) for making such a submission; and s. 28 -- 39 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 32 (b) if a hearing is convened under section 28, considered any oral submission made by the applicant at the hearing, if the applicant has indicated to the Chief Commissioner within any time specified in the notice under section 28(1)(b) that he or she wishes to be heard at such a hearing. 30. Application and licence fees (1) The prescribed application fee for an application for a licence under this Part must be paid by the person applying for the licence. (2) The prescribed licence fee for a licence under this Part must be paid by the holder of the licence. (3) Sub-sections (1) and (2) do not apply to a person who applies for a private security business licence and who is in partnership with another person who has paid an application fee and licence fee prescribed for the licence to carry on the business that is carried on by the partnership. 31. Chief Commissioner may impose conditions on licence (1) The Chief Commissioner may impose a condition on a private security licence— (a) relating to any of the following— (i) the completion of any approved training requirements or other training determined by the Chief Commissioner as appropriate in respect of the licence; (ii) the carriage and use of equipment to be used in carrying on the activities authorised by the licence; (iii) the notification of any serious medical or psychiatric condition or impairment that directly impacts on the licence s. 30 -- 40 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 33 holder's ability to carry on the activities authorised under the licence; (iv) the supervision of the licence holder in carrying on activities authorised by the licence; or (b) that is prescribed; or (c) that the Chief Commissioner thinks fit to impose. (2) The Chief Commissioner may impose on a private security individual operator licence that authorises a person to carry on an activity, a condition that the person is only authorised by the licence to carry on the aspect of the activity that is specified in the licence. 32. Failure to comply with licence condition The holder of a private security licence must comply with any conditions imposed on the licence. Penalty: 10 penalty units. 33. Licence granted on condition that training be completed The Chief Commissioner may grant a private security individual operator licence that authorises the carrying on of one or more class A security activities, subject to the condition that the holder of the licence— (a) satisfactorily complete the competency requirement under section 25(3) within a period specified by the Chief Commissioner of no more than 12 months; and s. 32 -- 41 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 34 (b) carry on one or more of those activities under the supervision of the holder of a private security individual operator licence that authorises the carrying on of the activity or activities until the approved training course or other training (as the case may be) has been completed. 34. Duration of licences A private security licence continues in force for the period specified in the licence document, which may be up to 3 years from the grant of the licence, unless it is suspended or cancelled. 35. Power of Chief Commissioner to renew licences On the expiration of a private security licence, the Chief Commissioner may renew the licence. 36. Application to renew a licence (1) Before a private security licence expires, the holder of the licence may apply to the Chief Commissioner for the renewal of the licence. (2) An application under sub-section (1) must— (a) be in a form approved by the Chief Commissioner; and (b) contain any prescribed particulars; and (c) be accompanied by any prescribed documents or prescribed information. (3) The powers of the Chief Commissioner under sections 20 to 24 apply in respect of an application for renewal of a private security licence as if it were an application for a private security licence. (4) A private security licence, in respect of which an application is made under this section, is deemed to continue in force, after the expiry of the licence period, until the Chief Commissioner makes a decision in relation to the application. s. 34 -- 42 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 35 37. Circumstances in which the Chief Commissioner must refuse to renew a licence The Chief Commissioner must not renew a private security licence unless he or she is satisfied that any relevant criteria set out in sections 25 and 26, with such modifications as are necessary, are satisfied by the applicant. 38. Sections 27 to 29 to apply as if application for renewal of licence is application for licence Sections 27 to 29 apply in respect of an application for a renewal of a private security licence as if it were an application for a private security licence. 39. Application and renewal fees (1) A person who has applied for the renewal of a private security licence must pay— (a) the prescribed application fee for consideration of the application by the Chief Commissioner; and (b) the prescribed renewal fee for the renewal of the licence. (2) Sub-section (1) does not apply to a person who applies for the renewal of a private security business licence and who is in partnership with another person who has paid an application fee and renewal fee prescribed for the renewal of the licence to carry on the business that is carried on by the partnership. 40. Chief Commissioner to issue licence documents Upon granting or renewing a private security licence, the Chief Commissioner must issue to the applicant a private security licence document in accordance with the regulations. s. 37 -- 43 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 36 Division 4—Variation and Requested Cancellation of Private Security Licences 41. Power of Chief Commissioner to vary licence on own motion (1) The Chief Commissioner may, on the Chief Commissioner's own motion— (a) vary or revoke a condition on a private security licence, other than a prescribed condition; or (b) impose a condition on the licence. (2) Before making a variation under this section, the Chief Commissioner must— (a) notify the holder of the licence; and (b) allow the holder an opportunity to make written submissions. (3) Submissions under sub-section (2) must be made within the period specified in the notice. (4) The powers of the Chief Commissioner under sections 20 to 24 apply in respect of a variation made by the Chief Commissioner under this section as if it were an application for a private security licence. (5) In deciding whether or not to make a variation under this section, the Chief Commissioner must— (a) have regard to submissions made under sub- section (2) within the period for making submissions; and (b) notify the holder of the licence of the Chief Commissioner's decision. s. 41 -- 44 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 37 (6) A variation under this section has effect from the later of— (a) the date that the notice under sub-section (5) is served; or (b) the date that is specified by the Chief Commissioner in that notice. 42. Application by holder of licence to vary licence to authorise additional activity (1) The Chief Commissioner may, on the application of the holder of a private security business licence, vary the licence to authorise the provision of services of other persons to carry on a class A security activity not previously authorised under the licence. (2) The Chief Commissioner may, on the application of the holder of a private security individual operator licence vary the licence to authorise the carrying on of a class A security activity not previously authorised under the licence. (3) The holder of a private security licence may apply to the Chief Commissioner for a variation of the licence under sub-section (1) or (2). (4) An application under sub-section (3)— (a) must be in a form approved by the Chief Commissioner; and (b) contain any prescribed particulars; and (c) must be accompanied by any prescribed document or prescribed information. (5) A person who has applied for a variation to a private security licence under this section must pay— (a) the prescribed application fee for consideration of the application by the Chief Commissioner; and s. 42 -- 45 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 38 (b) the prescribed variation fee for the variation of the licence. (6) Sub-section (5) does not apply to a person who applies for a variation to a private security business licence and who is in partnership with another person who has paid the prescribed fees for the variation to the licence to carry on the business that is carried on by the partnership. (7) The provisions of this Part, with such modifications as are necessary, apply to an application under this section as if it were an application for a private security licence. (8) The Chief Commissioner must notify the holder of the licence of his or her decision under this section. 43. Application by holder of licence to vary or revoke a licence condition (1) The Chief Commissioner may, on the application of the holder of a private security licence, vary or revoke a condition on the licence, other than a prescribed condition. (2) The holder of a private security licence may apply to the Chief Commissioner for a variation of the licence under sub-section (1). (3) An application under sub-section (2)— (a) must be in a form approved by the Chief Commissioner; and (b) contain any prescribed particulars; and (c) must be accompanied by any prescribed document or prescribed information. s. 43 -- 46 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 39 (4) A person who has applied for a variation to a private security licence under this section must pay the prescribed application fee for consideration of the application by the Chief Commissioner. (5) Sub-section (4) does not apply to a person who applies for a variation to a private security business licence and who is in partnership with another person who has paid the application fee prescribed for the variation to the licence to carry on the business that is carried on by the partnership. (6) The powers of the Chief Commissioner under sections 20 to 24 apply in respect of an application under this section as if it were an application for a private security licence. (7) The Chief Commissioner must notify the holder of the licence of his or her decision under this section. 44. Issue and surrender of licence document (1) On varying a private security licence under section 41, 42 or 43, the Chief Commissioner must issue to the holder of the licence that has been varied, a private security licence document in accordance with the regulations. (2) On a private security licence being varied under section 41, 42 or 43, the holder of the licence must surrender the licence document of the licence that has been varied to the Chief Commissioner within 7 days after the day on which the variation takes effect. Penalty: 10 penalty units. s. 44 -- 47 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 40 45. Cancellation of licence or authority to carry on activity on licence holder's request (1) The holder of a private security licence may request that the Chief Commissioner— (a) cancel the licence; or (b) cancel an authority under the licence— (i) to provide the services of others to carry on a class A security activity; or (ii) to carry on a class A security activity. (2) If a request is made under sub-section (1)(a), the Chief Commissioner may cancel the licence. (3) The holder of a licence cancelled under sub- section (2) must surrender the licence document to the Chief Commissioner within 7 days after the day on which the cancellation takes effect. Penalty: 10 penalty units. (4) If a request is made under sub-section (1)(b), the Chief Commissioner may cancel the authority. (5) If the Chief Commissioner cancels an authority under a licence under sub-section (4), he or she must issue to the holder of the licence a private security licence document in accordance with the regulations. (6) The holder of a licence in respect of which an authority has been cancelled under sub-section (4) must surrender the licence document to the Chief Commissioner within 7 days after the day on which the cancellation takes effect. Penalty: 10 penalty units. s. 45 -- 48 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 41 Division 5—Disciplinary Proceedings 46. Definition In this Division "disciplinary inquiry" means an inquiry under section 50. 47. Immediate cancellation of private security licence (1) Immediately on becoming aware that— (a) the holder of a private security licence; or (b) in the case of a private security licence which is held by a body corporate, an officer of the body corporate— is a prohibited person the Chief Commissioner must cancel the licence. (2) The Chief Commissioner must notify the holder of the licence of the cancellation of the licence. 48. Complaints (1) A person who is affected by the conduct of the holder of a private security licence that is carried on under the licence may make a complaint to the Chief Commissioner about that conduct. (2) A complaint under sub-section (1) must be made to the Chief Commissioner within 3 months of the taking place of the conduct that is the subject of the complaint, or, if the Chief Commissioner so agrees, at any later time. 49. Investigation of complaints The Chief Commissioner must cause any complaint made under section 48 to be investigated to determine whether or not there are grounds under section 50 for conducting a disciplinary inquiry, if the complaint is not frivolous or vexatious. s. 46 -- 49 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 42 50. Power of Chief Commissioner to hold disciplinary inquiry If the Chief Commissioner is satisfied that there are grounds for believing that— (a) the holder of a private security licence, if that holder applied for a new licence, would be refused such a licence, (other than in circumstances in which section 47 applies); or (b) the holder of a private security licence has contravened any condition to which the licence is subject; or (c) the holder of a private security licence has engaged in conduct in carrying on any activity authorised by the licence that is unfair, dishonest or discreditable— the Chief Commissioner may hold an inquiry into the matter. 51. Interim suspension of licence or authority (1) On making a decision to conduct a disciplinary inquiry the Chief Commissioner may— (a) suspend the licence; or (b) suspend an authority under the licence— (i) to provide the services of others to carry on a class A security activity; or (ii) to carry on a class A security activity. (2) The Chief Commissioner must serve notice of a suspension under sub-section (1) on the holder of the licence. (3) A notice under sub-section (2) must state the nature of the suspension and contain all the things specified in section 52(1). s. 50 -- 50 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 43 (4) A suspension under this section remains in force until— (a) the Chief Commissioner decides to take an action under section 56; or (b) if the Chief Commissioner decides to take no action under section 56, the making of that decision. 52. Notice to licence holder who is the subject of a disciplinary inquiry (1) The Chief Commissioner must serve on a holder of a licence, in respect of whom the Chief Commissioner has decided to hold a disciplinary inquiry, a notice— (a) stating that the Chief Commissioner is satisfied that there are grounds for holding a disciplinary inquiry; and (b) setting out those grounds; and (c) specifying whether, during the inquiry, submissions may be made by the licence holder orally or in writing; and (d) setting out the time within which written submissions may be made to the Chief Commissioner regarding an action that he or she may take under section 56. (2) This section does not apply if the Chief Commissioner has served a notice on the holder under section 51(2). 53. Further notice as to oral submissions If the Chief Commissioner has specified in a notice under section 52(1) that oral submissions may be made during the disciplinary inquiry, he or she must serve on the holder of the licence a notice— s. 52 -- 51 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 44 (a) advising the holder of the day on which the submissions may be made; and (b) advising the holder of their entitlements under section 54(1). 54. Procedures at oral hearing (1) The holder of a licence served with a notice under section 53 may make oral submissions personally or by way of a representative at the hearing. (2) The Chief Commissioner may adjourn the hearing at any time before or during the hearing. (3) At the hearing, the Chief Commissioner is not bound by rules or practice as to evidence and may inform himself or herself in relation to any matter in any manner he or she thinks appropriate. (4) At the hearing, the Chief Commissioner may proceed in the absence of a party or interested person who has had reasonable notice of the hearing. (5) The Chief Commissioner may arrange for an electronic recording of the hearing to be made. (6) The Chief Commissioner— (a) must retain any electronic recording made of a hearing for a period of no less than 3 months from the date of the hearing; and (b) may destroy the recording at the end of the period under paragraph (a). (7) A— (a) holder of a licence appearing before a hearing; or (b) person appearing before such a hearing— is not entitled to receive any costs in respect of the hearing. s. 54 -- 52 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 45 55. Powers of Chief Commissioner at disciplinary inquiry For the purposes of a disciplinary inquiry, the Chief Commissioner has the same powers as are set out in sections 20 to 24 subject to any necessary modifications. 56. Actions Chief Commissioner may take at inquiry If, after considering all the material available to the Chief Commissioner during a disciplinary inquiry, the Chief Commissioner is of the opinion that a ground set out under section 52(1)(b) has been established in relation to a private security licence, the Chief Commissioner may decide to do any one or more of the following— (a) take no further action; (b) reprimand the holder of the licence; (c) impose or vary a condition on the licence; (d) suspend the licence for a specified period of no more than one year; (e) suspend an authority under the licence— (i) to provide the services of others to carry on a class A security activity; or (ii) to carry on a class A security activity— for a specified period of no more than one year; (f) cancel the licence; (g) cancel an authority under the licence— (i) to provide the services of others to carry on a class A security activity; or (ii) to carry on a class A security activity; s. 55 -- 53 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 46 (h) order that the holder of a licence cancelled under this section not be entitled to apply for a private security licence for a specified period of no more than 5 years from the date that cancellation takes effect; (i) order that the holder of a licence in respect of which an authority has been cancelled under this section, not be entitled to apply for a variation of the licence to include the authority that has been cancelled for a specified period of no more than 5 years from the date that cancellation takes effect. 57. Notice of Chief Commissioner's decision The Chief Commissioner must notify the holder of a licence as to his or her decision under section 56 and must set out the reasons for that decision. 58. When decision under section 56 takes effect If the Chief Commissioner decides to take an action under section 56, the decision takes effect on and from the later of— (a) the date that the notice under section 57 is served; or (b) the date that is specified by the Chief Commissioner in that notice. 59. Surrender and issue of licence document upon cancellation or suspension (1) The holder of a private security licence— (a) cancelled or suspended under this Division by the Chief Commissioner; or (b) in respect of which an authority— (i) to provide the services of others to carry on a class A security activity; or s. 57 -- 54 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 47 (ii) to carry on a class A security activity— has been cancelled or suspended under this Division by the Chief Commissioner— must surrender the licence document in respect of that licence to the Chief Commissioner within 7 days after the day on which the cancellation or suspension takes effect. Penalty: 10 penalty units. (2) On suspending or cancelling an authority under a private security licence under this Division— (a) to provide the services of others to carry on a class A security activity; or (b) to carry on a class A security activity— the Chief Commissioner must issue to the holder of the licence, a private security licence document in accordance with the regulations. 60. Inquiry not prevented by other proceedings The Chief Commissioner may hold a disciplinary inquiry, even though the grounds for the inquiry concern a person who is— (a) the holder of a private security licence; or (b) a close associate of the holder of a private security licence; or (c) if the holder of the private security licence is a body corporate, the nominated person or an officer of the body corporate— and that person is the subject of proposed or current criminal proceedings that relate to those grounds. s. 60 -- 55 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 48 61. Court may cancel or suspend licence If, in any proceedings before a court— (a) the holder of a private security licence is convicted or found guilty of— (i) a particular indictable offence; or (ii) an offence against this Act or the regulations; and (b) the court is of the opinion that the licence should be suspended or cancelled, the court may— (i) order that the licence be suspended for a period of not more than one year and that the licence document be surrendered to the court; or (ii) order that the licence be cancelled and that the licence document be surrendered to the court and that the holder of the licence not be entitled to apply for such a licence within a specified period of no more than 5 years from the date on which the cancellation takes effect; or (iii) refer the matter to the Chief Commissioner. 62. Surrender of licence document (1) The holder of a licence suspended or cancelled under section 61 must surrender the licence document to the court within 7 days after the day notified to the holder as the day on which the suspension or cancellation (as the case may be) takes effect. Penalty: 10 penalty units. s. 61 -- 56 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 49 (2) The Registrar or other relevant officer of the court must immediately forward any licence document surrendered under sub-section (1) and a copy of the order under section 61(b) to the Chief Commissioner. 63. Return of licence document If a private security licence is suspended under section 61, the Chief Commissioner, on receiving the licence document under section 62, must cause the licence document to be returned to the holder at the end of the suspension period. Division 6—Temporary Permits 64. Temporary interstate visitor permit to carry out activity (1) A person who ordinarily resides in another State or Territory, may apply to the Chief Commissioner for a permit to carry on one or more class A security activities in Victoria that may be authorised to be carried on by a private security individual operator licence if— (a) the person produces evidence to the satisfaction of the Chief Commissioner that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry on the activity or activities; or (b) if the law of the State or Territory in which the person is resident does not require a person to be licensed or registered or otherwise authorised to carry on the activity or activities, the Chief Commissioner is satisfied as to the suitability of the person to carry out the activity or activities. s. 63 -- 57 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 50 (2) The holder of a permit under this section does not commit an offence against section 7 or 8 while acting under and in accordance with the permit. 65. Temporary interstate visitor permit to carry on business of providing services (1) A person who ordinarily resides in another State or Territory, may apply to the Chief Commissioner for a permit to carry on the business of providing the services of other persons to carry on one or more class A security activities in Victoria that may be authorised by a private security business licence if— (a) the person produces evidence to the satisfaction of the Chief Commissioner that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry on such a business; or (b) if the law of the State or Territory in which the person is resident does not require a person to be licensed or registered or otherwise authorised to carry on such a business, the Chief Commissioner is satisfied as to the suitability of the person to carry on the business. (2) The holder of a permit under this section does not commit an offence against section 5 or 6 while acting under and in accordance with the permit. 66. Temporary overseas bodyguard visitor permit (1) A person who ordinarily resides outside Australia may apply to the Chief Commissioner for a permit to act as a bodyguard in Victoria if— (a) the person produces evidence to the satisfaction of the Chief Commissioner that the person is licensed or registered or s. 65 -- 58 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 51 otherwise authorised in his or her country of residence to act as a bodyguard; or (b) if the law of the country in which the person is resident does not require a person to be licensed or registered or otherwise authorised to act as a bodyguard, the Chief Commissioner is satisfied as to the suitability of the person to act as a bodyguard. (2) The holder of a permit under this section does not commit an offence against section 7(b) or 8(b) while acting under and in accordance with the permit. 67. Overseas bodyguard with temporary interstate or Territory permit A person who— (a) ordinarily resides outside Australia; and (b) holds a permit that authorises that person to act as a bodyguard issued under the law of another State or a Territory of a kind specified in the regulations— does not commit an offence against section 7(b) or 8(b) while acting under and in accordance with the permit. 68. Procedure for applications for permits (1) A person may apply for a permit under this Division in the form and manner approved by the Chief Commissioner. (2) An application for a permit must be accompanied by proof of identity of the applicant, being, if the Chief Commissioner so requires proof by way of the specified identification method. s. 67 -- 59 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 52 (3) In considering an application for a permit the Chief Commissioner may do any one or more of the following— (a) take into account any known information about the applicant, that is relevant to the application; (b) conduct any investigation or make any inquiry that he or she thinks fit; (c) require an applicant to— (i) provide any information, relevant to the application and verified by a statutory declaration; or (ii) produce any document relevant to the application— that in the opinion of the Chief Commissioner relates to the applicant; (d) require a full set of the applicant's fingerprints to be provided to the Chief Commissioner if— (i) there is reasonable doubt as to the identity of the applicant for the permit; and (ii) proof of the identity of the applicant cannot be obtained by any other reasonable means. (4) The Chief Commissioner may refuse to issue a permit if a requirement under sub-section (3)(c) or (3)(d) is not complied with. (5) Section 22(3) and (4) applies to the provision of any set of fingerprints under sub-section (3)(d). (6) The Chief Commissioner may issue a permit to a person who has applied for a permit under sub- section (1). s. 68 -- 60 of 159 -- Victorian Legislation and Parliamentary Documents Part 3—Licensing Private Security Operators Private Security Act 2004 Act No. 33/2004 53 69. Fees for permits (1) The prescribed application fee for an application for a permit under this Division must be paid by the person applying for the permit. (2) The prescribed permit fee for a permit under this Division must be paid by the holder of the permit. 70. Limitations and conditions on permits (1) A permit under this Division must not be issued for any purpose other than for the duration of a special event or events that are specified in the permit and must not continue in force for a period that is greater than the duration of the event or events for which it is issued. (2) The Chief Commissioner may impose any conditions on a permit under this Division that the Chief Commissioner thinks fit. (3) The holder of a permit under this Division must comply with any condition imposed on the permit under sub-section (2). Penalty: 60 penalty units. __________________ s. 69 -- 61 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 54 PART 4—REGISTRATION OF PRIVATE SECURITY OPERATORS Division 1—Application for Private Security Registration 71. Grant of private security business registration (1) The Chief Commissioner may register a person to carry on the business of providing the services of other persons to carry on any one or more activities specified in the following paragraphs— (a) acting as a security equipment installer; or (b) acting as a security adviser. (2) In registering a person under sub-section (1), the Chief Commissioner must specify the classes of activities that are authorised by the registration. 72. Grant of private security individual operator registration (1) The Chief Commissioner may register a natural person to carry on any one or more activities specified in the following paragraphs— (a) acting as a security equipment installer; or (b) acting as a security adviser. (2) In registering a person under sub-section (1), the Chief Commissioner must specify the classes of activities that are authorised by the registration. 73. Application for registration An application for a private security registration must— (a) be made in a form approved by the Chief Commissioner; and (b) contain the prescribed particulars; and s. 71 -- 62 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 55 (c) be accompanied by any other prescribed documents or prescribed information. 74. Additional particular requirements for registration applications (1) An application for a private security individual operator registration must be accompanied by— (a) proof of identity of the applicant, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (b) two written references from a prescribed class of person attesting to the applicant's suitability to hold a private security individual operator registration. (2) An application for a private security business registration must— (a) in the case of an application by a natural person, be accompanied by— (i) proof of identity of the applicant, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (ii) two written references from a prescribed class of person attesting to the applicant's suitability to hold a private security business registration; and (iii) a statement setting out the name and the business, residential and postal address of any person who is a close associate of the applicant, that is signed by each close associate specified in the statement; and s. 74 -- 63 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 56 (iv) proof of identity of each person named in the statement, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (v) two written references from a prescribed class of person for each person named in the statement; and (b) in the case of an application by a body corporate be accompanied by— (i) a statement setting out the name and the business, residential and postal address of— (A) the nominated person of the body corporate; and (B) any other officers of the body corporate; and (C) any person who is a close associate of the applicant— that is, in the case of a statement relating to a close associate, signed by the close associate; and (ii) proof of identity of each person named in the statement, being, if the Chief Commissioner so requires, proof by way of the specified identification method; and (iii) two written references from a prescribed class of person for each person named in the statement. s. 74 -- 64 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 57 75. Applicant to advertise application (1) An applicant for private security business registration must— (a) within 7 days after the day on which an application is lodged with the Chief Commissioner, cause to be advertised in a daily newspaper circulating generally in Victoria, a notice setting out— (i) the fact that the applicant has made the application; and (ii) the business name and business address of the applicant; and (iii) the class of registration being applied for; and (iv) the fact that a person may object (under sub-section (2)) to the granting of a registration; and (v) the period within which an objection to the granting of a registration must be lodged with the Chief Commissioner; and (b) within 14 days after the day on which an application is lodged with the Chief Commissioner, provide the Chief Commissioner with a copy of the advertisement including the date the advertisement was published. (2) A person may object to the granting of a private security business registration by setting out the grounds of the objection in a written submission forwarded to the Chief Commissioner. (3) In determining the application the Chief Commissioner must consider any submission received by him or her within 14 days after the day of the publication of the advertisement, unless s. 75 -- 65 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 58 he or she is satisfied that the submission is frivolous, vexatious or irrelevant to the grant of the registration to the applicant. 76. Consideration of application by Chief Commissioner The Chief Commissioner must consider every application for a private security registration. 77. Power of Chief Commissioner to investigate application In considering an application for a private security registration the Chief Commissioner may, in order to ascertain whether the criteria set out in section 82 or 83 (as the case requires) are satisfied, conduct any investigation or make any inquiry that he or she thinks fit. 78. Particular powers of Chief Commissioner relating to known information In conducting an investigation or making an inquiry under section 77, the Chief Commissioner may— (a) in the case of an application for a private security individual operator registration, have regard to any known information about the applicant that is relevant to the application; or (b) in the case of an application for a private security business registration by a natural person, have regard to any known information about the person or a close associate of the person that is relevant to the application; or (c) in the case of an application for a private security business registration by a body corporate, have regard to any known s. 76 -- 66 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 59 information (that is relevant to the application) about— (i) the body corporate; and (ii) the nominated person; and (iii) any officer of the body corporate; and (iv) any close associate of the body corporate. 79. Particular powers of Chief Commissioner relating to fingerprinting (1) In conducting an investigation or making an inquiry under section 77, the Chief Commissioner may require a full set of fingerprints to be provided to him or her of any of the following persons to provide proof of their identity— (a) in the case of an application for a private security individual operator registration, the applicant; (b) in the case of an application for a private security business registration by a natural person, the person or a close associate of the person; (c) in the case of an application for a private security business registration by a body corporate— (i) the nominated person; (ii) any officer of the body corporate; (iii) any close associate of the body corporate. (2) The Chief Commissioner may not request a full set of fingerprints under sub-section (1) unless— (a) there is reasonable doubt as to the identity of the applicant, a close associate of the applicant, the nominated person or an officer s. 79 -- 67 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 60 of the body corporate (as the case may be); and (b) proof of the identity cannot be ascertained by other reasonably available means. (3) If any fingerprints are provided to the Chief Commissioner under this section, the Chief Commissioner must ensure that— (a) the fingerprints are destroyed— (i) within 28 days after they are no longer required in connection with the application to which they relate; or (ii) no later than 6 months from the date they were provided— whichever is the earlier; and (b) the applicant, the close associate of the applicant, the nominated person or the officer of the body corporate (as the case may be), is notified of the destruction as soon as practicable. (4) Fingerprints that are provided to the Chief Commissioner under this section are not admissible as evidence in any proceedings. 80. Information and documents to be provided For the purposes of an inquiry or investigation under section 77 the Chief Commissioner may require by a notice in writing to an applicant— (a) that the Chief Commissioner be provided with any information, relevant to the application and specified in the notice, in the manner required by the Chief Commissioner (and verified by a statutory declaration if necessary) if the Chief Commissioner is of the opinion that the information relates to the applicant, a close associate of the applicant, s. 80 -- 68 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 61 the nominated person or an officer of the body corporate (as the case requires); or (b) that any record, relevant to the application and specified in the notice, be produced to the Chief Commissioner if the Chief Commissioner is of the opinion that the record relates to the applicant, a close associate of the applicant, the nominated person or an officer of the body corporate (as the case requires); or (c) that any record produced to the Chief Commissioner under paragraph (b) be made available for inspection and for the taking of copies. 81. Chief Commissioner may refuse to make a decision on an application for a registration The Chief Commissioner may refuse to make a decision on an application for a private security registration if the applicant does not comply with any requirement of the Chief Commissioner under this Division in relation to the application within a reasonable time of the requirement being made. Division 2—Granting and Renewal of Private Security Registrations 82. Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator registration (1) The Chief Commissioner must not grant a private security individual operator registration if— (a) he or she is satisfied that the granting of the registration is not in the public interest; or (b) he or she is not satisfied that the applicant meets the probity requirements set out in sub-section (2). s. 81 -- 69 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 62 (2) For the purposes of sub-section (1)(b) the probity requirements are that the person— (a) is fit and proper; and (b) is aged 18 years or more; and (c) has not contravened or failed to comply with any provision of this Act, the regulations or any corresponding previous enactment, to the extent that warrants the refusal of the registration; and (d) is not a person in relation to whom— (i) not more than 10 years have expired since that person was convicted of an indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security registration; or (ii) not more than 5 years have expired since that person has been found guilty (without a conviction being recorded) of an indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security registration; and (e) is not a person who is charged with an indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security registration. 83. Circumstances in which the Chief Commissioner must refuse to grant a private security business registration (1) The Chief Commissioner must not grant a private security business registration if— (a) he or she is satisfied that the granting of the registration is not in the public interest; or s. 83 -- 70 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 63 (b) he or she is not satisfied that each relevant person in relation to the application meets the probity requirements set out in sub- section (2); or (c) he or she is satisfied that the applicant (if the applicant is a body corporate) has been convicted or found guilty of an offence, which in the opinion of the Chief Commissioner, warrants the refusal of registration; or (d) the applicant, or nominated person (in the case of a body corporate) has not produced, in relation to the business— (i) a certificate of currency for public liability insurance; and (ii) evidence, to the satisfaction of the Chief Commissioner, of compliance with existing statutory workplace obligations; or (e) he or she is not satisfied that the applicant has or will be able to obtain financial resources that are adequate to ensure the financial viability of the business. (2) For the purposes of sub-section (1)(b) the probity requirements are that the person— (a) is fit and proper; and (b) is aged 18 years or more; and (c) has not contravened or failed to comply with any provision of this Act, the regulations or any corresponding previous enactment, to the extent that warrants the refusal of the registration; and s. 83 -- 71 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 64 (d) is not a person in relation to whom— (i) not more than 10 years have expired since that person was convicted of an indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security registration or to be involved or connected with a business carried on under a private security registration; or (ii) not more than 5 years have expired since that person has been found guilty (without a conviction being recorded) of an indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security registration or to be involved or connected with a business carried on under a private security registration; and (e) is not a person who is charged with an indictable offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security registration or to be involved or connected with a business carried on under a private security registration; and (f) has not, within the preceding 5 years, been declared bankrupt; and (g) is not insolvent under administration. (3) In this section "relevant person in relation to an application" means— (a) in the case of an application by a natural person for a private security business registration, the applicant for the registration and any close associate of the applicant; or s. 83 -- 72 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 65 (b) in the case of an application by a body corporate for a private security business registration, each of the following— (i) the nominated person for the body corporate; (ii) any officer of the body corporate; (iii) any close associate of the body corporate. 84. Notice that private security registration may be refused (1) If the Chief Commissioner is proposing not to grant a private security registration, the Chief Commissioner must, before deciding not to grant the registration, serve on the applicant a notice— (a) specifying the reason why the Chief Commissioner is proposing not to grant the registration; and (b) inviting the applicant to make a written submission in accordance with sub- section (2). (2) An applicant who has been served with a notice under sub-section (1) may, within 28 days after the day on which the applicant is served with the notice, make a submission to the Chief Commissioner concerning any reason that is specified in the notice. 85. Further consideration of application and convening of hearing (1) After receiving a submission within the time specified under section 84(2), the Chief Commissioner may— (a) further consider the application; or (b) after giving notice to the applicant, convene a hearing to further consider the application. s. 84 -- 73 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 66 (2) An applicant may be represented at a hearing by any person the applicant chooses, but is not entitled to receive any costs in respect of a hearing. (3) The Chief Commissioner may arrange for an electronic recording of a hearing to be made. (4) The Chief Commissioner— (a) must retain any electronic recording of a hearing for a period of no less than 3 months from the date of the hearing; and (b) may destroy the recording at the end of the period under paragraph (a). 86. Refusal of private security registration The Chief Commissioner must not make a decision not to grant a registration unless the Chief Commissioner has— (a) considered any written submission made by the applicant within the time specified in the notice under section 84(1) for making such a submission; and (b) if a hearing is convened under section 85, considered any oral submission made by the applicant at the hearing, if the applicant has indicated to the Chief Commissioner within any time specified in the notice under section 85(1)(b) that he or she wishes to be heard at such a hearing. 87. Application and registration fees (1) The prescribed application fee for an application for registration under this Part must be paid by the person applying for the registration. (2) The prescribed registration fee for registration under this Part must be paid by the holder of the registration. s. 86 -- 74 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 67 (3) Sub-sections (1) and (2) do not apply to a person who applies for a private security business registration and who is in partnership with another person who has paid an application fee and registration fee prescribed for the registration to carry on the business which is carried on by the partnership. 88. Chief Commissioner may impose conditions on registration The Chief Commissioner may impose a condition on a private security registration— (a) relating to any of the following— (i) the carriage and use of equipment to be used in carrying on the activities authorised by the registration; (ii) the notification of any serious medical or psychiatric condition or impairment that directly impacts on the registration holder's ability to carry on the activities authorised under the registration; (iii) supervision of the holder of the registration in carrying on the activities authorised by the registration; or (b) that is prescribed; or (c) that the Chief Commissioner thinks fit to impose. 89. Failure to comply with registration condition The holder of a private security registration must comply with any conditions imposed on the registration. Penalty: 10 penalty units. s. 88 -- 75 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 68 90. Duration of registration A private security registration continues in force for the period specified in the registration document, which may be up to 3 years from the grant of registration unless it is suspended or cancelled. 91. Power of Chief Commissioner to renew registration On the expiration of a private security registration, the Chief Commissioner may renew the registration. 92. Application to renew registration (1) Before a private security registration expires, the holder of the registration may apply to the Chief Commissioner for the renewal of the registration. (2) An application under sub-section (1) must— (a) be in a form approved by the Chief Commissioner; and (b) contain any prescribed particulars; and (c) be accompanied by any prescribed documents or information. (3) The powers of the Chief Commissioner under sections 77 to 81 apply in respect of an application for renewal of a private security registration as if it were an application for a private security registration. (4) A private security registration, in respect of which an application is made under this section, is deemed to continue in force, after the expiry of the registration period, until the Chief Commissioner makes a decision in relation to the application. s. 90 -- 76 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 69 93. Circumstances in which the Chief Commissioner must refuse to renew registration The Chief Commissioner must not renew a private security registration unless the Chief Commissioner is satisfied that all of the criteria set out in sections 82 and 83, with such modifications as are necessary, are satisfied by the applicant. 94. Sections 84 to 86 to apply as if application for renewal of registration is application for registration Sections 84 to 86 apply in respect of an application for a renewal of a private security registration as if it were an application for a private security registration. 95. Application and renewal fees (1) A person who has applied for the renewal of a private security registration must pay— (a) the prescribed application fee for consideration of the application by the Chief Commissioner; and (b) the prescribed renewal fee for the renewal of the registration. (2) Sub-section (1) does not apply to a person who applies for the renewal of a private security business registration and who is in partnership with another person who has paid an application fee and renewal fee prescribed for the renewal of the registration to carry on the business that is carried on by the partnership. 96. Chief Commissioner to issue registration documents On granting or renewing a private security registration, the Chief Commissioner must issue to the applicant a private security registration document in accordance with the regulations. s. 93 -- 77 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 70 Division 3—Variation and Requested Cancellation of Private Security Registrations 97. Power of the Chief Commissioner to vary registration (1) The Chief Commissioner may, on the Chief Commissioner's own motion— (a) vary or revoke a condition on a private security registration, other than a prescribed condition; or (b) impose a condition on the registration. (2) Before making a variation under this section, the Chief Commissioner must— (a) notify the holder of the registration; and (b) allow the holder an opportunity to make written submissions. (3) Submissions under sub-section (2) must be made within the period specified in the notice. (4) The powers of the Chief Commissioner under sections 77 to 81 apply in respect of a variation made by the Chief Commissioner under this section as if it were an application for a private security registration. (5) In deciding whether or not to make a variation under this section, the Chief Commissioner must— (a) have regard to submissions made under sub- section (2) within the period for making submissions; and (b) notify the holder of the registration of his or her decision. s. 97 -- 78 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 71 (6) A variation under this section has effect from the later of— (a) the date that the notice under sub- section (5)(b) is served; or (b) the date that is specified by the Chief Commissioner in that notice. 98. Application by holder of registration to vary registration to authorise additional activity (1) The Chief Commissioner may, on the application of the holder of a private security business registration, vary the registration to authorise the provision of services of other persons to carry on a class B security activity not previously authorised under the registration. (2) The Chief Commissioner may, on the application of the holder of a private security individual operator registration vary the registration to authorise the carrying on of a class B security activity not previously authorised under the registration. (3) The holder of a private security registration may apply to the Chief Commissioner for a variation of the registration under sub-section (1) or (2). (4) An application under sub-section (3)— (a) must be in a form approved by the Chief Commissioner; and (b) contain any prescribed particulars; and (c) must be accompanied by any prescribed document or prescribed information. (5) A person who has applied for a variation to a private security registration under this section must pay— s. 98 -- 79 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 72 (a) the prescribed application fee for consideration of the application by the Chief Commissioner; and (b) the prescribed variation fee for the variation of the registration. (6) Sub-section (5) does not apply to a person who applies for a variation to a private security business registration and who is in partnership with another person who has paid the prescribed fees for the variation to the registration to carry on the business that is carried on by the partnership. (7) The provisions of this Part, with such modifications as are necessary, apply to an application under this section as if it were an application for a private security registration. (8) The Chief Commissioner must notify the holder of the registration of his or her decision under this section. 99. Application by holder of registration to vary a registration (1) The Chief Commissioner may, on the application of the holder of a private security registration, vary or revoke a condition on the registration, other than a prescribed condition. (2) The holder of a private security registration may apply to the Chief Commissioner for a variation of the registration under sub-section (1). (3) An application under sub-section (2)— (a) must be in a form approved by the Chief Commissioner; and (b) contain any prescribed particulars; and (c) must be accompanied by any prescribed document or prescribed information. s. 99 -- 80 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 73 (4) A person who has applied for a variation to a private security registration under this section must pay the prescribed application fee for consideration of the application by the Chief Commissioner. (5) Sub-section (4) does not apply to a person who applies for a variation to a private security business registration and who is in partnership with another person who has paid the application fee prescribed for the variation to the registration to carry on the business that is carried on by the partnership. (6) The powers of the Chief Commissioner under sections 77 to 81 apply in respect of an application under this section as if it were an application for a private security registration. (7) The Chief Commissioner must notify the holder of the registration of his or her decision under this section. 100. Issue and surrender of registration document (1) On varying a private security registration under section 97, 98 or 99, the Chief Commissioner must issue to the holder of the registration that has been varied, a private security registration document in accordance with the regulations. (2) On a private security registration being varied under section 97, 98 or 99, the holder of the registration must surrender the registration document of the registration that has been varied to the Chief Commissioner within 7 days after the day on which the variation takes effect. Penalty: 10 penalty units. s. 100 -- 81 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 74 101. Cancellation of registration or authority to carry on activity on registration holder's request (1) The holder of a private security registration may request that the Chief Commissioner— (a) cancel the registration; or (b) cancel an authority under the registration— (i) to provide the services of others to carry on a class B security activity; or (ii) to carry on a class B security activity. (2) If a request is made under sub-section (1)(a), the Chief Commissioner may cancel the registration. (3) The holder of a registration cancelled under sub- section (2) must surrender the registration document to the Chief Commissioner within 7 days after the day on which the cancellation takes effect. Penalty: 10 penalty units. (4) If a request is made under sub-section (1)(b), the Chief Commissioner may cancel the authority. (5) If the Chief Commissioner cancels an authority under a registration under sub-section (4), he or she must issue to the holder of the registration a private security registration document in accordance with the regulations. (6) The holder of a registration in respect of which an authority has been cancelled under sub-section (4) must surrender the registration document to the Chief Commissioner within 7 days after the day on which the cancellation takes effect. Penalty: 10 penalty units. s. 101 -- 82 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 75 Division 4—Disciplinary Proceedings 102. Definition In this Division "disciplinary inquiry" means an inquiry under section 105. 103. Complaints (1) A person who is affected by the conduct of the holder of a private security registration that is carried on under the registration may make a complaint to the Chief Commissioner about that conduct. (2) A complaint under sub-section (1) must be made to the Chief Commissioner within 3 months of the taking place of the conduct that is the subject of the complaint, or, if the Chief Commissioner so agrees, at any later time. 104. Investigation of complaints The Chief Commissioner must cause any complaint made under section 103 to be investigated to determine whether or not there are grounds under section 105 for conducting a disciplinary inquiry, if the complaint is not frivolous or vexatious. 105. Power of Chief Commissioner to hold disciplinary inquiry If the Chief Commissioner is satisfied that there are grounds for believing that— (a) the holder of a private security registration, if that holder applied for a new registration, would be refused such a registration; or (b) the holder of a private security registration has contravened any condition to which the registration is subject; or s. 102 -- 83 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 76 (c) the holder of a private security registration has engaged in conduct in carrying on any activity authorised by the registration that is unfair, dishonest or discreditable— the Chief Commissioner may hold an inquiry into the matter. 106. Interim suspension of registration or authority (1) On making a decision to conduct a disciplinary inquiry the Chief Commissioner may— (a) suspend the registration; or (b) suspend an authority under the registration— (i) to provide the services of others to carry on a class B security activity; or (ii) to carry on a class B security activity. (2) The Chief Commissioner must serve notice of a suspension under sub-section (1) on the holder of the registration. (3) A notice under sub-section (2) must state the nature of the suspension and contain all the things specified in section 107(1). (4) A suspension under this section remains in force until— (a) the Chief Commissioner decides to take an action under section 111; or (b) if the Chief Commissioner decides to take no action under section 111, the making of that decision. s. 106 -- 84 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 77 107. Notice to registration holder who is the subject of a disciplinary inquiry (1) The Chief Commissioner must serve on a holder of a registration in respect of whom the Chief Commissioner has decided to hold a disciplinary inquiry a notice— (a) stating that the Chief Commissioner is satisfied that there are grounds for holding a disciplinary inquiry; and (b) setting out those grounds; and (c) specifying whether, in the inquiry, submissions may be made orally or in writing; or (d) setting out the time within which written submissions may be made to the Chief Commissioner regarding an action that he or she may take under section 111. (2) This section does not apply if the Chief Commissioner has served a notice on the holder under section 106(2). 108. Further notice as to oral submissions If the Chief Commissioner has specified in a notice under section 107(1) that oral submissions may be made during the disciplinary inquiry, the Chief Commissioner must serve on the holder of the registration a notice— (a) advising the holder of the day on which the submissions may be made; and (b) advising the holder of their entitlements under section 109(1). s. 107 -- 85 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 78 109. Procedures at oral hearing (1) The holder of a registration served with a notice under section 108 may make oral submissions personally or by way of a representative at the hearing. (2) The Chief Commissioner may adjourn the hearing at any time before or during the hearing. (3) At the hearing, the Chief Commissioner is not bound by rules or practice as to evidence and may inform himself or herself in relation to any matter in any manner he or she thinks appropriate. (4) At the hearing, the Chief Commissioner may proceed in the absence of a party or interested person who has had reasonable notice of the hearing. (5) The Chief Commissioner may arrange for an electronic recording of the hearing to be made. (6) The Chief Commissioner— (a) must retain any electronic recording made of a hearing for a period of no less than 3 months from the date of the hearing; and (b) may destroy the recording at the end of the period under paragraph (a). (7) A— (a) holder of a registration appearing before a hearing; or (b) person appearing before such a hearing— is not entitled to receive any costs in respect of the hearing. s. 109 -- 86 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 79 110. Powers of Chief Commissioner at disciplinary inquiry For the purposes of a disciplinary inquiry, the Chief Commissioner has the same powers as are set out in sections 77 to 81 subject to any necessary modifications. 111. Actions Chief Commissioner may take at inquiry If, after considering all the material available to the Chief Commissioner during a disciplinary inquiry, the Chief Commissioner is of the opinion that a ground set out under section 107(1)(b) has been established in relation to a private security registration, the Chief Commissioner may decide to do one or more of the following— (a) take no further action; (b) reprimand the holder of the registration; (c) impose or vary a condition on the registration; (d) suspend the registration for a specified period of no more than one year; (e) suspend an authority under the registration— (i) to provide the services of others to carry on a class B security activity; or (ii) to carry on a class B security activity— for a specified period of no more than one year; (f) cancel the registration; (g) cancel an authority under the registration— (i) to provide the services of others to carry on a class B security activity; or (ii) to carry on a class B security activity; s. 110 -- 87 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 80 (h) order that the holder of a registration cancelled under this section not be entitled to apply for a private security registration for a specified period of no more than 5 years from the date that cancellation takes effect; (i) order that the holder of a registration in respect of which an authority has been cancelled under this section, not be entitled to apply for a variation of the registration to include the authority that has been cancelled for a specified period of no more than 5 years from the date that cancellation takes effect. 112. Notice of Chief Commissioner's decision The Chief Commissioner must notify the holder of a registration as to his or her decision under section 111 and must set out the reasons for that decision. 113. When decision under section 111 takes effect If the Chief Commissioner decides to take an action under section 111, the decision takes effect on and from the later of— (a) the date that the notice under section 112 is served; or (b) the date that is specified by the Chief Commissioner in that notice. 114. Surrender and issue of registration document upon cancellation or suspension (1) The holder of a private security registration— (a) cancelled or suspended under this Division by the Chief Commissioner; or (b) in respect of which an authority— (i) to provide the services of others to carry on a class B security activity; or s. 112 -- 88 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 81 (ii) to carry on a class B security activity— has been cancelled or suspended under this Division by the Chief Commissioner— must surrender the registration document in respect of that registration to the Chief Commissioner within 7 days after the day on which the cancellation or suspension takes effect. Penalty: 10 penalty units. (2) On suspending or cancelling an authority under a private security registration under this Division— (a) to provide the services of others to carry on a class B security activity; or (b) to carry on a class B security activity— the Chief Commissioner must issue to the holder of the registration a private security registration document in accordance with the regulations. 115. Inquiry not prevented by other proceedings The Chief Commissioner may hold a disciplinary inquiry even though the grounds for the inquiry concern a person who is— (a) the holder of a private security registration; or (b) a close associate of the holder of a private security registration; or (c) if the holder of the private security registration is a body corporate, the nominated person or an officer of the body corporate— and that person is the subject of proposed or current criminal proceedings that relate to those grounds. s. 115 -- 89 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 82 116. Court may cancel or suspend registration If, in any proceedings before a court— (a) the holder of a private security registration is convicted or found guilty of an indictable offence or an offence against this Act or the regulations; and (b) the court is of the opinion that the registration should be suspended or cancelled, the court may— (i) order that the registration is suspended for a period not exceeding one year and that the registration document be surrendered to the court; or (ii) order that the registration is cancelled and that the registration document be surrendered to the court and that the holder of the registration not be entitled to apply for such a registration within a specified period of no more than 5 years from the date on which the cancellation takes effect; or (iii) refer the matter to the Chief Commissioner. 117. Surrender of registration document (1) The holder of a registration suspended or cancelled under section 116 must surrender the registration document to the court within 7 days after the day notified to the holder as the day on which the suspension or cancellation (as the case may be) takes effect. Penalty: 10 penalty units. s. 116 -- 90 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 83 (2) The Registrar or other relevant officer of the court must immediately forward any registration document surrendered under sub-section (1) and a copy of the order under section 116(b) to the Chief Commissioner. 118. Return of registration document If a private security registration is suspended under section 116, the Chief Commissioner on receiving the registration document under section 117 must cause the registration document to be returned to the holder at the end of the suspension period. Division 5—Temporary Permits 119. Temporary interstate visitor permit to carry on activity (1) A person who ordinarily resides in another State or Territory, may apply to the Chief Commissioner for a permit to carry on one or more class B security activities in Victoria that may be authorised to be carried on by a private security individual operator registration if— (a) the person produces evidence to the satisfaction of the Chief Commissioner that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry on the activity or activities; or (b) if the law of the State or Territory in which the person is resident does not require a person to be licensed or registered or otherwise authorised to carry on the activity or activities, the Chief Commissioner is satisfied as to the suitability of the person to carry on the activity or activities. s. 118 -- 91 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 84 (2) The holder of a permit under this section does not commit an offence against section 11 or 12 while acting under and in accordance with the permit. 120. Temporary interstate visitor permit to carry on the business of providing services (1) A person who ordinarily resides in another State or Territory, may apply to the Chief Commissioner for a permit to carry on the business of providing services of other persons to carry on one or more class B security activities in Victoria that may be authorised by a private security business registration if— (a) the person produces evidence to the satisfaction of the Chief Commissioner that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry on such a business; or (b) if the law of the State or Territory in which the person is resident does not require a person to be licensed or registered or otherwise authorised to carry on such a business, the Chief Commissioner is satisfied as to the suitability of the person to carry on the business. (2) The holder of a permit under this section does not commit an offence against section 9 or 10 while acting under and in accordance with the permit. 121. Procedure for applications for permits (1) A person may apply for a permit under this Division in the form and manner approved by the Chief Commissioner. (2) An application for a permit must be accompanied by proof of identity of the applicant, being, if the Chief Commissioner so requires, proof by way of the specified identification method. s. 120 -- 92 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 85 (3) In considering an application for a permit the Chief Commissioner may do any one or more of the following— (a) take into account any known information about the applicant that is relevant to the application; (b) conduct any investigation or make any inquiry that he or she thinks fit; (c) require an applicant to— (i) provide any information, relevant to the application and verified by a statutory declaration; or (ii) produce any document relevant to the application— that in the opinion of the Chief Commissioner relates to the applicant; (d) require a full set of the applicant's fingerprints to be provided to the Chief Commissioner if— (i) there is reasonable doubt as to the identity of the applicant for the permit; and (ii) proof of the identity of the applicant cannot be obtained by any other reasonable means. (4) The Chief Commissioner may refuse to issue a permit if a requirement under sub-section (3)(c) or (3)(d) is not complied with. (5) Section 79(3) and (4) applies to the provision of any set of fingerprints under sub-section (3)(d). (6) The Chief Commissioner may issue a permit to a person who has applied for a permit under sub- section (1). s. 121 -- 93 of 159 -- Victorian Legislation and Parliamentary Documents Part 4—Registration of Private Security Operators Private Security Act 2004 Act No. 33/2004 86 122. Fees for permits (1) The prescribed application fee for an application for a permit under this Division must be paid by the person applying for the permit. (2) The prescribed permit fee for a permit under this Division must be paid by the holder of the permit. 123. Limitations and conditions on permits (1) A permit under this Division must not be issued for any purpose other than for the duration of a special event or events that are specified in the permit and must not continue in force for a period that is greater than the duration of the event or events for which it is issued. (2) The Chief Commissioner may impose any conditions on a permit under this Division that the Chief Commissioner thinks fit. (3) The holder of a permit under this Division must comply with any condition imposed on the permit under sub-section (2). Penalty: 60 penalty units. __________________ s. 122 -- 94 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 87 PART 5—GENERAL PROVISIONS APPLYING TO LICENCES AND REGISTRATIONS 124. Nominated person of body corporate (1) A body corporate that is an applicant for a private security business licence must nominate, in the application for the licence, a qualified person, to be the person responsible for ensuring that the body corporate complies with its duties under this Act. (2) If at any time during the course of a private security business licence a person nominated under sub-section (1)— (a) ceases to be so nominated by the licence holder; or (b) ceases to be a qualified person— the holder of the licence must immediately so notify the Chief Commissioner. Penalty: 20 penalty units. (3) The holder of a private security business licence, who has given the Chief Commissioner a notice under sub-section (2), must nominate a qualified person, to take the place of the person in respect of whom notice has been given under sub-section (2), to be the person responsible for ensuring that the body corporate complies with its duties under this Act. Penalty: 20 penalty units. (4) A nomination under sub-section (3) must be made in a notice given to the Chief Commissioner within 2 months of the giving of the notice under sub-section (2), or within any later time agreed to by the Chief Commissioner. s. 124 -- 95 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 88 (5) A body corporate that is an applicant for a private security business registration must nominate, in the application for the registration, a qualified person as the person who is to be responsible for ensuring that the body corporate complies with its duties under this Act. (6) If at any time during the course of a private security business registration a person nominated under sub-section (5)— (a) ceases to be so nominated by the body corporate; or (b) ceases to be a qualified person— the holder of the registration must immediately so notify the Chief Commissioner. Penalty: 20 penalty units. (7) The holder of a private security business registration, who has given the Chief Commissioner a notice under sub-section (6), must nominate a qualified person, to take the place of the person in respect of whom notice has been given under sub-section (6), to be the person responsible for ensuring that the body corporate complies with its duties under this Act. Penalty: 20 penalty units. (8) A nomination under sub-section (7) must be made in a notice given to the Chief Commissioner within 2 months of the giving of the notice under sub-section (6), or within any later time agreed to by the Chief Commissioner. (9) A notice under this section must— (a) be in writing; and (b) if a person is nominated in the notice, set out the name and address of the person so nominated; and s. 124 -- 96 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 89 (c) be accompanied by any prescribed documents or information. (10) In this section, "qualified person", in relation to— (a) a body corporate that is an applicant for or the holder of a private security business licence, means a person who— (i) is an officer or employee of the body corporate primarily responsible for managing the operation of the business of the body corporate; and (ii) meets the probity and competency requirements set out in section 26(2) and (3); and (b) a body corporate that is an applicant for or the holder of a private security business registration, means a person who— (i) is an officer or employee of the body corporate primarily responsible for managing the operation of the business of the body corporate; and (ii) meets the probity requirements set out in section 83(2). 125. Duplicate licence or registration document (1) If— (a) a private security licence or a private security registration document is lost or is not in a fit state to be used as such; or (b) the Chief Commissioner instructs the holder of the licence or registration (as the case may be) to obtain another document— the holder may apply to the Chief Commissioner for a duplicate document. s. 125 -- 97 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 90 (2) An application under sub-section (1) must be accompanied by— (a) the prescribed fee; and (b) any prescribed documents. 126. Business name (1) Subject to the Business Names Act 1962, a private security licence or a private security registration may authorise the holder of the licence or the registration (as the case may be) to carry on business under a name or names in addition to, or in substitution for, the name of the holder. (2) A person holding a private security licence or a private security registration must not carry on business under a name other than— (a) the person's name; or (b) a name authorised by the licence or registration (as the case may be). Penalty: 20 penalty units in the case of a natural person; 40 penalty units in the case of a body corporate. (3) The Chief Commissioner may amend, vary or revoke an authorisation made under this section on a private security licence or on a private security registration on the application of the holder of the licence or registration (as the case may be). 127. No entitlement to fees etc. unless licensed or registered (1) A person is not entitled to sue for, recover or retain any commission, fee, gain or reward for providing the services of persons to carry on any activity— s. 126 -- 98 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 91 (a) if the services must not be provided without a licence under this Act, unless at the time of providing the services, the person was the holder of a licence that authorised the provision of the services; or (b) if the services must not be provided without a registration under this Act, unless at the time of providing the services, the person was the holder of a registration that authorised the provision of the services. (2) A person is not entitled to sue for or recover or retain any commission fee, gain or reward for carrying on any activity— (a) for which a licence is required under this Act, unless at the time of carrying on the activity, the person was the holder of a licence that authorised the carrying on of the activity; or (b) for which registration is required under this Act, unless at the time of carrying on the activity, the person was the holder of a registration that authorised the carrying on of the activity. 128. Licence, registration or permit to be produced on demand (1) A member of the police force or an authorised person may request that— (a) the holder of a private security licence produce the licence document for inspection; or (b) the holder of a private security registration produce the registration document for inspection; or s. 128 -- 99 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 92 (c) the holder of a permit under Division 6 of Part 3 or Division 5 of Part 4 produce the permit document for inspection. (2) Before making a request under sub-section (1), the member of the police force or authorised person (as the case requires)— (a) must identify himself or herself and the purpose for which the request is made; and (b) must inform the person to whom the request is made that it is an offence to fail to comply with a request. (3) A person to whom a request is made in accordance with this section must comply with the request. Penalty: 10 penalty units. (4) The holder of— (a) a private security licence, if so requested by a person to whom the holder is providing services under the licence, must produce the licence document for inspection; or (b) a private security registration, if so requested by a person to whom the holder is providing services under the registration, must produce the registration document for inspection; or (c) a permit issued under Division 6 of Part 3 or Division 5 of Part 4, if so requested by a person to whom the holder is providing services under the permit, must produce the permit for inspection. s. 128 -- 100 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 93 129. Registered address (1) The holder of a private security business licence or a private security business registration must specify to the Chief Commissioner at the time at which the licence or registration is granted (as the case requires) an address at which the holder carries on business, to which all communications and notices may be addressed. (2) If the holder of a private security business licence or a private security business registration ceases to carry on business at the address specified under sub-section (1), the holder must, within 7 days after the day on which the business ceases to be carried on, notify the Chief Commissioner in writing of an address at which the holder continues to carry on business under the licence or registration (as the case may be) to which all communications and notices may be addressed. Penalty: 10 penalty units. (3) The holder of a private security individual operator licence or a private security individual operator registration must specify to the Chief Commissioner at the time at which the licence or registration is granted (as the case requires) an address of the individual operator to which all communications and notices may be addressed. (4) If the holder of a private security individual operator licence or a private security individual operator registration changes from the address specified under sub-section (1), the holder must, within 7 days after the day on which the change is carried out, notify the Chief Commissioner in writing of an address of the individual operator to which all communications and notices may be addressed. Penalty: 10 penalty units. s. 129 -- 101 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 94 130. Advertisements to contain licence or registration number The holder of a private security licence or a private security registration must take all reasonable steps to ensure that any published advertisement relating to, or in connection with, the business, includes the number of the licence or registration (as the case may be). Penalty: 20 penalty units. 131. Offence to provide or employ unlicensed persons (1) The holder of a private security business licence must not provide the services of another person to carry on a class A security activity if the person does not hold a private security individual operator licence that authorises the carrying on of that activity. Penalty: 120 penalty units in the case of a natural person; 240 penalty units in the case of a body corporate. (2) A person must not employ or engage another person to carry on a class A security activity unless the person reasonably believes that the other person holds a private security individual operator licence that authorises the carrying on of that activity. Penalty: 120 penalty units in the case of a natural person; 240 penalty units in the case of a body corporate. s. 130 -- 102 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 95 132. Offence to provide or employ unregistered persons (1) The holder of a private security business registration must not provide the services of another person to carry on a class B security activity if the person does not hold a private security individual operator registration that authorises the carrying on of that activity. Penalty: 120 penalty units in the case of a natural person; 240 penalty units in the case of a body corporate. (2) A person must not employ or engage another person to carry on a class B security activity unless the person reasonably believes that the other person holds a private security individual operator registration that authorises the carrying on of that activity. Penalty: 120 penalty units in the case of a natural person; 240 penalty units in the case of a body corporate. 133. Requirement to display licence or registration document at business premises The holder of a private security business licence or a private security business registration must conspicuously display a copy of the licence document or registration document (as the case may be) at each premises from which the business authorised by the licence or registration (as the case may be) is carried on. Penalty: 10 penalty units. s. 132 -- 103 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 96 134. Permanent records to be kept (1) The holder of a private security business licence and the holder of a private security individual operator licence who carries on any class A security activity (not being employed to carry on that activity) must— (a) keep permanent records of the prescribed particulars relating to the carrying on of the holder's business or the carrying on of any class A security activity (as the case may be) for a period of at least 5 years; and (b) ensure that the records are accurate, legible and kept in good order. Penalty: 40 penalty units. (2) The holder of a private security business registration and the holder of a private security individual operator registration who carries on any class B security activity (not being employed to carry on that activity) must— (a) keep permanent records of the prescribed particulars relating to the carrying on of the holder's business or the carrying on of any class B security activity (as the case may be) for a period of at least 5 years; and (b) ensure that the records are accurate, legible and kept in good order. Penalty: 40 penalty units. 135. False or misleading statements and particulars A person must not knowingly in any application, written reference or other document required for the purposes of an application under this Act— (a) make a statement that is false or misleading in a material particular; or s. 134 -- 104 of 159 -- Victorian Legislation and Parliamentary Documents Part 5—General Provisions Applying to Licences and Registrations Private Security Act 2004 Act No. 33/2004 97 (b) furnish any particulars that are false or misleading; or (c) omit to furnish any particulars required to be furnished under this Act. Penalty: 60 penalty units. 136. Documents submitted by bodies corporate to be completed by nominated person Every application or document required to be furnished by a body corporate under this Act or the regulations must be completed by the nominated person, who must furnish accurately all information given in respect of that body corporate. Penalty: 40 penalty units. __________________ s. 136 -- 105 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 98 PART 6—PARTICULAR PROVISIONS FOR CROWD CONTROLLERS 137. Definitions In this Part— "private security crowd controller business licence" means a private security business licence that authorises the holder to provide the services of crowd controllers; "completed register" means a register required under section 139(3) to be kept by the manager of an activity. 138. Crowd controllers must wear identification The holder of a private security individual operator licence that authorises a person to act as a crowd controller must wear identification in accordance with the requirements of the regulations at all times while acting as a crowd controller. Penalty: 10 penalty units. 139. Duties of activity manager as to register (1) If one or more crowd controllers are employed or retained at a public place, the manager of the activity at the public place for which the crowd controllers are employed or retained, must, for each day for which any such crowd controller is so employed or retained, ensure that there is available at that public place, a register in which the information required to be entered under section 142 may be so entered. Penalty: 20 penalty units. (2) The manager of an activity at a public place at which one or more crowd controllers are employed or retained must ensure that, for each s. 137 -- 106 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 99 day for which each crowd controller is so employed or retained, the crowd controller properly enters in the register the information required to be entered under section 142. Penalty: 20 penalty units. (3) The manager of an activity at a public place at which one or more crowd controllers are employed or retained must ensure that the register, in which the information has been entered in accordance with section 142, is kept in his or her possession— (a) at that public place; or (b) if the activity for which the crowd controllers have been employed or retained is of a temporary nature, at the usual place of business of the manager— for a period of 5 years from the day on which the information is required to be entered. Penalty: 20 penalty units. 140. Duties of business licence holder as to register (1) The holder of a private security crowd controller business licence who provides the services of a person to act as a crowd controller at a public place must, for each day for which the holder so provides those services, provide to the person who is managing the activity for which the services are being provided the register that is required to be made available under section 139(1). Penalty: 20 penalty units. (2) The holder of a private security crowd controller business licence who provides the services of a person to act as a crowd controller at a public place must ensure that, for each day for which the crowd controller so acts, the crowd controller properly enters in the register made available at s. 140 -- 107 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 100 that public place under section 139(1) the information required to be entered under section 142. Penalty: 20 penalty units. (3) The holder of a private security crowd controller business licence who provides the services of a person to act as a crowd controller at a public place must ensure that a copy of the register made available at that place under section 139(1), in which the information has been entered in accordance with section 142, is obtained and kept in the licence holder's possession at the usual place of business of the licence holder for a period of 5 years from the day on which the information is required to be entered. Penalty: 20 penalty units. 141. Duties of crowd controller and manager as to register (1) If a person, who is licensed to do so under this Act, is acting as a crowd controller at a public place that person must, for each day for which he or she so acts, enter in the register, made available under section 139(1), the information required to be entered under section 142(1). Penalty: 20 penalty units. (2) The manager of an activity at a public place at which one or more crowd controllers are being employed or retained must, for each day for which any such crowd controller is employed or retained, enter in the register, made available under section 139(1), the information required to be entered under section 142(2). Penalty: 20 penalty units. s. 141 -- 108 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 101 142. Information required to be entered in the register (1) The following information is the information that is required to be entered in a register (made available under section 139(1)) by a crowd controller— (a) the date of the day on which the crowd controller is acting as a crowd controller; and (b) the licence number and full name of the crowd controller; and (c) in the case of a crowd controller whose services are being provided by the holder of a private security crowd controller business licence, the name of the licence holder and address of the usual place of business of the licence holder; and (d) details of the identification worn by the crowd controller in accordance with this Part; and (e) in relation to any incident involving the crowd controller, the prescribed details relating to the incident; and (f) any other information required by the regulations. (2) The following information is the information that is required to be entered in a register (made available under section 139(1)) by the manager of an activity at a public place at which one or more crowd controllers are being employed or retained— the address of the public place at which any such crowd controllers are being so employed or retained. s. 142 -- 109 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 102 (3) In this section "incident" means any action in which a crowd controller— (a) makes forcible physical contact with a member of the public at or in the vicinity of the place where the crowd controller is so acting; or (b) restrains a member of the public at, or in the vicinity of, the place where the crowd controller is so acting; or (c) ejects a member of the public from the place where the crowd controller is so acting. 143. Entry of premises to inspect completed register or copy A member of the police force or an authorised person may enter any premises where a completed register or a copy of such a register is required to be kept under this Part, at any reasonable time, in order to inspect the completed register or copy to ascertain whether this Act and the regulations are being complied with. 144. Completed register may be copied A member of the police force or an authorised person may make copies of, or take extracts from, a completed register or a copy of such a register during an inspection under section 143. 145. Powers of police and authorised persons to seize completed register or copy A member of the police force or an authorised person may, during an inspection of a completed register or copy of such a register under section 143, seize the completed register or a copy if he or she believes on reasonable grounds that there has been a contravention of this Act or the regulations and the seizure is necessary— s. 143 -- 110 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 103 (a) for the purposes of investigation into the alleged contravention; or (b) to enable evidence to be obtained for the purpose of any proceedings under this Act or the regulations. 146. Completed register or copy may be retained for copying A member of the police force or an authorised person may retain a completed register or a copy of such a register seized under section 145 in order to make copies of, or take extracts from, the completed register or copy. 147. Retention and return of seized completed register or copy (1) If a member of the police force or an authorised person seizes a completed register or a copy of such a register under section 145, the member or authorised person must take reasonable steps to return the completed register or copy to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the completed register or copy has not been returned within 3 months after it was seized, the member or authorised person must take reasonable steps to return it unless— (a) proceedings for the purpose for which the completed register or copy was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 148 extending the period during which the completed register or copy may be retained. s. 146 -- 111 of 159 -- Victorian Legislation and Parliamentary Documents Part 6—Particular Provisions for Crowd Controllers Private Security Act 2004 Act No. 33/2004 104 148. Magistrates' Court may extend 3 month period for retention of completed register or copy (1) A member of the police force or an authorised person may apply to the Magistrates' Court within 3 months after seizing a completed register or a copy of such a register under section 145 for an extension of the period for which the member or authorised person may retain the completed register or copy. (2) The Magistrates' Court may order such an extension if it is satisfied that retention of the completed register or copy is necessary— (a) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or (b) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act. (3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person. 149. Evidentiary value of documents certified by police or authorised person A document certified by a member of the police force or an authorised person to be a true copy or extract of a completed register or a copy of such a register seized by a member of the police force or an authorised person under section 145 is admissible in any proceedings as evidence of the contents of that completed register or copy. __________________ s. 148 -- 112 of 159 -- Victorian Legislation and Parliamentary Documents Part 7—Review by Victorian Civil and Administrative Tribunal Private Security Act 2004 Act No. 33/2004 105 PART 7—REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 150. Review by VCAT (1) A person, whose interests are affected by the relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision of the Chief Commissioner refusing an application to grant a private security licence or a private security registration; or (b) a decision of the Chief Commissioner to impose conditions on such a licence or registration (as the case may be); or (c) a decision of the Chief Commissioner refusing an application to renew such a licence or registration (as the case may be); or (d) a decision of the Chief Commissioner to vary such a licence or registration (as the case may be); or (e) a decision of the Chief Commissioner refusing an application to vary such a licence or registration (as the case may be); or (f) a decision of the Chief Commissioner to take an action under section 56 or 111 in relation to such a licence or registration (as the case may be); or (g) a decision of the Chief Commissioner refusing an application to issue, or imposing a condition on, a permit under Division 6 of Part 3 or a permit under Division 5 of Part 4; or s. 150 -- 113 of 159 -- Victorian Legislation and Parliamentary Documents Part 7—Review by Victorian Civil and Administrative Tribunal Private Security Act 2004 Act No. 33/2004 106 (h) any request made for information made by the Chief Commissioner in the course of conducting an investigation or making an inquiry under section 23 or 80, being a request that is unreasonable or not related to the purposes of the investigation or inquiry. (2) Sub-section (1) does not apply if the relevant decision is a refusal of the Chief Commissioner to grant an application under this Act because any one or more of the following persons is a prohibited person (within the meaning of Part 3)— (a) the applicant; (b) a close associate of the applicant; (c) if the applicant is a body corporate, the nominated person or an officer of the body corporate. 151. Time period for making application for review An application for review under section 150 must be made within 28 days of the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. __________________ s. 151 -- 114 of 159 -- Victorian Legislation and Parliamentary Documents Part 8—Inspection and Enforcement Private Security Act 2004 Act No. 33/2004 107 PART 8—INSPECTION AND ENFORCEMENT Division 1—Inspection powers 152. Appointment of authorised persons (1) The Chief Commissioner may, by instrument, appoint any person who is— (a) employed in the administration of this Act; and (b) qualified to act as an authorised person— to be an authorised person for the purposes of this Act. (2) The Chief Commissioner must, in an instrument of appointment under sub-section (1), specify the period for which the person is appointed. (3) The Chief Commissioner must give an identity card to each person appointed under sub- section (1) which must set out— (a) the name of the person so appointed; and (b) the name of the person who has appointed that person; and (c) the period for which the person is appointed; and (d) the purposes for which the person is appointed. 153. Offence to hinder or obstruct (1) A person must not, without reasonable excuse, hinder or obstruct an authorised person or a member of the police force who is exercising any function under this Act. Penalty: 60 penalty units. s. 152 -- 115 of 159 -- Victorian Legislation and Parliamentary Documents Part 8—Inspection and Enforcement Private Security Act 2004 Act No. 33/2004 108 (2) It is a reasonable excuse to an offence under sub- section (1) if the member of the police force or authorised person (as the case requires) did not, before exercising the function under this Act— (a) identify himself or herself; or (b) inform the person that it is an offence to hinder or obstruct a person who is exercising such a function. 154. Warrants to search premises (1) A member of the police force may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the member believes on reasonable grounds that an offence against this Act or the regulations is being or is about to be committed. (2) If the magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act or the regulations is being or is about to be committed, the magistrate may issue a search warrant authorising the member named in the warrant and any assistants the member considers necessary— (a) to enter the premises named or described in the warrant; and (b) to search for and seize any evidence of the offence named or described in the warrant. (3) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the premises to be searched; and (c) a description of the evidence to be searched for; and s. 154 -- 116 of 159 -- Victorian Legislation and Parliamentary Documents Part 8—Inspection and Enforcement Private Security Act 2004 Act No. 33/2004 109 (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form under that Act. (5) The rules to be observed with respect to search warrants set out by or under the Magistrates' Court Act 1989 extend and apply to warrants under this section. (6) A person executing a warrant under this section must prepare a list of any evidence seized under this section and must give a copy of the list or record of the evidence so seized to the occupier of the premises. 155. Announcement before entry (1) Before executing a search warrant, the member named in the warrant or person assisting must announce that he or she is authorised by warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises. (2) The member or a person assisting the member need not comply with sub-section (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. s. 155 -- 117 of 159 -- Victorian Legislation and Parliamentary Documents Part 8—Inspection and Enforcement Private Security Act 2004 Act No. 33/2004 110 156. Copy of the warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the member must— (a) identify himself or herself to the person as a member of the police force; and (b) give that person a copy of the execution copy of the warrant. Division 2—Enforcement 157. Proceedings for offences The Chief Commissioner, an authorised person or a member of the police force may take proceedings for an offence against this Act or the regulations. 158. Evidence of matters relating to register A certificate certifying any matter relating to the contents of the register kept by the Chief Commissioner under section 173, and purporting to be signed by the Chief Commissioner or a person appointed as a delegate of the Chief Commissioner for the purposes of this section, is admissible in any proceedings as evidence of the matters appearing in the certificate. 159. Liability of officers of body corporate for offences committed by the body corporate If a body corporate is guilty of an offence against this Act or any regulation, any officer of the body corporate who was in any way, by act or omission, directly or indirectly, knowingly concerned in or a party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence. s. 156 -- 118 of 159 -- Victorian Legislation and Parliamentary Documents Part 8—Inspection and Enforcement Private Security Act 2004 Act No. 33/2004 111 160. How to determine state of mind of a body corporate If, in any proceeding for an offence against this Act or the regulations it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that— (a) the conduct was engaged in by an officer, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) the officer, employee or agent had that state of mind. 161. Liability of body corporate or holder of licence or registration for acts of officers, employees or agents (1) If an officer, employee or agent of a body corporate, that is the holder of a private security licence or a private security registration, engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken, for the purposes of prosecution for an offence against this Act or the regulations, also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. (2) If an officer, employee or agent of the holder of a private security licence or the holder of a private security registration engages in conduct on behalf of the holder within the scope of his or her actual or apparent authority, the holder must be taken, for the purposes of prosecution for an offence against this Act or the regulations, also to have engaged in the conduct, unless the holder establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. s. 160 -- 119 of 159 -- Victorian Legislation and Parliamentary Documents Part 8—Inspection and Enforcement Private Security Act 2004 Act No. 33/2004 112 162. Service of documents A notice or other document required or authorised by this Act or the regulations to be served on or given to a person is deemed to have been duly served on or given to the person— (a) if delivered personally to the person; or (b) if left with an adult person at the premises that is the last known place of residence or business of the person on or to whom the notice or document is to be served or given; or (c) if sent to the person by post at the registered address of the person. __________________ s. 162 -- 120 of 159 -- Victorian Legislation and Parliamentary Documents Part 9—Infringement Notices Private Security Act 2004 Act No. 33/2004 113 PART 9—INFRINGEMENT NOTICES 163. Power to serve a notice A member of the police force or an authorised person may serve an infringement notice on any person that he or she has reason to believe has committed— (a) an offence against section 59(1), 62(1), 114(1), 117(1), 128(3), 129(2), 129(4), 133, 134(1), 134(2), 138, 141(1), 176(1) or 176(2); or (b) a prescribed offence against the regulations. 164. Form of notice An infringement notice must be in a form approved by the Chief Commissioner and must set out all the following matters— (a) the date of the notice; (b) the provision of this Act or the regulations that creates the offence; (c) the date, time and place of the alleged offence; (d) the nature and a brief description of the alleged offence; (e) the infringement penalty for the alleged offence set out in the regulations; (f) the manner in which the infringement penalty may be paid; (g) the time (not being less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be s. 163 -- 121 of 159 -- Victorian Legislation and Parliamentary Documents Part 9—Infringement Notices Private Security Act 2004 Act No. 33/2004 114 brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the alleged offence in the Magistrates' Court; (j) any other prescribed particulars. 165. Late payment of penalty A member of the police force or an authorised person may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if— (a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and (b) the infringement notice has not been withdrawn. 166. Withdrawal of notice (1) A member of the police force or an authorised person may withdraw an infringement notice issued by a member of the police force or an authorised person under this Part within 28 days after it was served. (2) The Chief Commissioner may withdraw an infringement notice issued by a member of the police force or an authorised person under this Part within 28 days after it was served. (3) The withdrawal of an infringement notice is to be effected by serving a withdrawal notice on the person on whom the infringement notice was served. s. 165 -- 122 of 159 -- Victorian Legislation and Parliamentary Documents Part 9—Infringement Notices Private Security Act 2004 Act No. 33/2004 115 (4) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the amount of the penalty must be refunded on the notice being withdrawn, and the Consolidated Fund is, to the necessary extent, appropriated accordingly. (5) Proceedings for the offence in respect of which the infringement notice has been served may still be taken or continued despite the withdrawal of the notice. 167. Payment expiates offence If an infringement notice is not withdrawn and the infringement penalty is paid within the time specified in the notice or payment is accepted in accordance with section 165 then— (a) the person on whom the notice was served has expiated the offence by that payment; and (b) no proceedings may be taken against that person in respect of that offence; and (c) no conviction is to be taken to have been recorded against that person for the offence. 168. Application of penalty (1) An infringement penalty paid under this Part must be applied in the same way as a fine paid under an order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates. (2) The payment of an infringement penalty under this Part is not and must not be taken to be— (a) an admission of guilt in relation to the offence; or s. 167 -- 123 of 159 -- Victorian Legislation and Parliamentary Documents Part 9—Infringement Notices Private Security Act 2004 Act No. 33/2004 116 (b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding. (3) The payment of an infringement penalty under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for any offence. 169. Prosecution after service of infringement notice A charge may be filed in respect of an offence to which an infringement notice relates if— (a) the infringement penalty has not been paid within the time for payment specified in the notice or in accordance with section 165; or (b) the notice is withdrawn. 170. Enforcement of infringement penalty Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 to the Magistrates' Court Act 1989 if— (a) the infringement notice is an infringement notice within the meaning of Schedule 7 to that Act; and (b) the infringement penalty has not been paid within the time specified in the notice or in accordance with section 165; and (c) the notice has not been withdrawn; and (d) a charge has not been filed in accordance with section 169. __________________ s. 169 -- 124 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 117 PART 10—GENERAL 171. Chief Commissioner may delegate functions The Chief Commissioner may, by instrument, delegate any of his or her functions under this Act or the regulations, other than this power of delegation to— (a) a member of the force; or (b) a police reservist appointed under Part VI of the Police Regulation Act 1958; or (c) a protective services officer appointed under Part VIA of the Police Regulation Act 1958; or (d) an employee within the meaning of the Public Sector Management and Employment Act 1998; or (e) a class of the people specified in paragraphs (a) to (d). 172. Chief Commissioner may approve training requirements etc. (1) The Chief Commissioner may approve any of the following— (a) security industry training or other requirements for the purposes of section 25(3), 26(3)(b) or 31(1)(a)(i); or (b) a security industry training provider to provide any training requirement approved under paragraph (a); (c) a security industry organisation for the purposes of section 26(3)(a). (2) The Chief Commissioner may vary or revoke any approval given under this section and may impose conditions on any such approval. s. 171 -- 125 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 118 173. Chief Commissioner to keep register (1) The Chief Commissioner must keep a register of holders of private security licences, holders of private security registrations and holders of permits under Division 6 of Part 3 and Division 5 of Part 4 in accordance with the prescribed procedure for keeping the register and containing the prescribed particulars. (2) A person may, for the purpose of enabling verification of whether a person is licensed or registered under this Act, inspect the part of the register that has been prescribed for the purposes of such inspections. (3) The Chief Commissioner must ensure that the part of the register that has been prescribed for the purposes of sub-section (2) is made available for inspection. 174. Requirement to notify Chief Commissioner of changes to close associates (1) If— (a) at any time during the course of a private security business licence a person becomes a close associate of the holder of the licence, or a person ceases to be a close associate of the holder of the licence; or (b) at any time during the course of a private security business registration a person becomes a close associate of the holder of the registration, or a person ceases to be a close associate of the holder of the registration— the holder must immediately notify the Chief Commissioner of that fact. Penalty: 20 penalty units. s. 173 -- 126 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 119 (2) A notice under sub-section (1) must— (a) be in writing; and (b) set out the name and address of the person who has become, or ceased to be, a close associate (as the case requires); and (c) be signed by each close associate specified in the notice; and (d) be accompanied by any prescribed documents or information. 175. Body corporate to notify Chief Commissioner of changes to officers (1) If— (a) at any time during the course of a private security business licence held by a body corporate a person becomes, or ceases to be, an officer of the body corporate; or (b) at any time during the course of a private security business registration held by a body corporate a person becomes, or ceases to be, an officer of the body corporate— the body corporate must immediately notify the Chief Commissioner of that fact. Penalty: 20 penalty units. (2) A notice under sub-section (1) must— (a) be in writing; and (b) set out the name and address of the person who has become, or ceased to be, the officer of the body corporate; and (c) be accompanied by any prescribed documents or information. s. 175 -- 127 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 120 176. Requirement to notify Chief Commissioner of criminal charges (1) If at any time during the course of a private security licence— (a) the holder of the licence, if a natural person; or (b) a close associate of the holder of the licence; or (c) if the holder is a body corporate, the nominated person or an officer of the body corporate— is charged with a particular indictable offence or a disqualifying offence within the meaning of Part 3, the holder, close associate, nominated person or officer (as the case may be) must notify the Chief Commissioner in writing, within 7 days of being charged, of the offence with which the person has been charged and the date and place of the hearing. Penalty: 20 penalty units. (2) If at any time during the course of a private security registration— (a) the holder of the registration, if a natural person; or (b) a close associate of the holder of the registration; or (c) if the holder is a body corporate, the nominated person or an officer of the body corporate— is charged with an indictable offence, the holder, close associate, nominated person or officer (as the case may be) must notify the Chief Commissioner in writing, within 7 days of being charged, of the offence with which the person has s. 176 -- 128 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 121 been charged and the date and place of the hearing. Penalty: 20 penalty units. 177. Annual reporting The Chief Commissioner must provide by 1 October each year a report to the Minister that includes the following information— (a) the number of applications relating to the granting, renewal or variation of private security business licences, private security individual operator licences, private security business registrations and private security individual operator registrations made to the Chief Commissioner during the financial year immediately preceding the report; (b) the number of such applications that are considered by the Chief Commissioner during the financial year immediately preceding the report; (c) the number of such applications granted by the Chief Commissioner during the financial year immediately preceding the report; (d) the number of such applications refused by the Chief Commissioner during the financial year immediately preceding the report; (e) the number of variations made to private security business licences, private security individual operator licences, private security business registrations and private security individual operator registrations on the Chief Commissioner's own motion during the financial year immediately preceding the report; s. 177 -- 129 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 122 (f) the number of applications for the issue of permits under Division 6 of Part 3 or Division 5 of Part 4 made to the Chief Commissioner during the financial year immediately preceding the report; (g) the number of applications referred to in paragraph (f) considered, granted or refused by the Chief Commissioner during the financial year immediately preceding the report; (h) the number of, the reasons for and the outcomes of, any inquiries conducted by the Chief Commissioner during the financial year immediately preceding the report; (i) the number of applications made to the Victorian Civil and Administrative Tribunal for review of decisions made by the Chief Commissioner during the financial year immediately preceding the report and the outcome of each review; (j) any other prescribed matters. 178. Statutory review of this Act (1) The Minister must review this Act to determine whether— (a) the policy objectives of the Act remain valid; and (b) the provisions of the Act are still appropriate for securing those objectives. (2) The Minister must undertake the review as soon as possible after the period of 3 years from the day on which this Act receives the Royal Assent. (3) The Minister must ensure that a report detailing the outcome of the review is tabled in each House of Parliament within 12 months after the end of the period of 3 years. s. 178 -- 130 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 123 179. Supreme Court—Limitation of Jurisdiction It is the intention of sections 127(1) and 127(2) to alter or vary section 85 of the Constitution Act 1975. 180. Regulations (1) The Governor in Council may make regulations for or with respect to prescribing— (a) in relation to the register to be kept by the Chief Commissioner under section 173— (i) the procedure for keeping the register; and (ii) the particulars to be contained in the register; and (iii) the parts of the register that may be inspected; and (b) any records to be kept by the Chief Commissioner; and (c) any forms to be used under this Act; and (d) the procedure for applications under this Act, the particulars to be included in those applications and the documents and information to accompany those applications; and (e) the classes of person who may give references in relation to applications made under this Act; and (f) particulars to be contained or specified in licence documents or registration documents under this Act; and (g) types of devices or equipment for the purposes of the definition of "security equipment"; and s. 179 -- 131 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 124 (h) permanent records to be kept by holders of licences and registrations under this Act and the inspection of those records; and (i) duties and functions of the Chief Commissioner; and (j) the identification to be worn by crowd controllers; and (k) the register to be made available under Part 6, including— (i) the form of the register; and (ii) the details that are to be recorded in relation to incidents involving crowd controllers; and (iii) any other details that are to be recorded in the register; and (iv) the time at which details are to be recorded in the register; and (v) how details are to be recorded in the register; and (l) provisions for the verification by statutory declaration of any information supplied for the purposes of this Act or the regulations; and (m) fees to be charged in respect of anything done under or for the purposes of this Act or the regulations including fees for— (i) applications; or (ii) licences, registrations, or permits and the renewal or variation of any licences or registrations; or (iii) the issue of duplicate documents; and s. 180 -- 132 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 125 (n) approval of training requirements in relation to applications for private security licences, approval of on-going training requirements for holders of private security licences and approval of training providers to provide those training requirements; and (o) approval of security industry organisations; and (p) matters to be included in the annual report prepared by the Chief Commissioner; and (q) the classes of person exempted from licensing and registration requirements under this Act and the extent of the exemption; and (r) conditions that may be imposed on licences or registrations under this Act; and (s) penalties, not exceeding 20 penalty units, for contraventions of the regulations; and (t) offences in respect of which infringement notices may be issued and particulars to be included in those notices; and (u) documents or information to accompany notices of changes to nominated persons, close associates or officers of holders of licences or registrations under this Act; and (v) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place and circumstances; and (c) may confer a discretionary authority or impose a duty on the Chief Commissioner; and s. 180 -- 133 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 126 (d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Chief Commissioner; and (e) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent that is specified; and (f) may make provision for fees that may differ in respect of— (i) in the case of applications under this Act— (A) the nature of applications; or (B) the classes of persons making applications or related to persons making applications; or (C) the classes of other related matters including related applications; or (ii) in the case of licences, registrations or permits under this Act, or renewals or variations of licences or registrations under this Act— (A) the nature of the licences, registrations, permits, variations or renewals; or (B) the classes of holder of licences, registrations or permits or persons being granted variations or renewals or persons related to those holders or persons; or s. 180 -- 134 of 159 -- Victorian Legislation and Parliamentary Documents Part 10—General Private Security Act 2004 Act No. 33/2004 127 (C) the classes of other related matters including related licences, registrations, permits, renewals or variations; and (g) may make provision for the reduction or waiver or refund in whole or in part of any fees; and (h) may make provision for fees to be charged on a pro-rata basis. (3) If, under sub-section (2)(g), regulations provide for a reduction, waiver or refund in whole or in part of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically— (a) in respect of certain applications or classes of applications under this Act; or (b) when an event happens; or (c) in respect of certain persons or classes of persons; or (d) in respect of any combination of such applications, events or persons— and may be expressed to apply subject to specified conditions or in the discretion of the Chief Commissioner. __________________ s. 180 -- 135 of 159 -- Victorian Legislation and Parliamentary Documents Part 11—Transitional Provisions Private Security Act 2004 Act No. 33/2004 128 PART 11—TRANSITIONAL PROVISIONS 181. Definitions In this Part— "old Act" means the Private Agents Act 1966; "commencement day" means the day on which this Part comes into operation. 182. Licences under old Act deemed to be private security business licences (1) On and from the commencement day, a licence granted under Part IIA of the old Act, in force immediately before that day, which authorised a person to carry on the business of providing other persons to carry on a class A security activity is deemed, on and from that day, to be a private security business licence that authorises the person to carry on such a business. (2) A licence that is deemed to be a private security business licence under sub-section (1)— (a) is subject to any conditions to which the licence was subject immediately before the commencement day; and (b) remains in force for the remainder of the term of the licence unless before the end of that term— (i) the licence is cancelled or suspended under Part 3; or (ii) a private security business licence that authorises the carrying on of such a business is granted, or refused to be granted, under Part 3 to that person— whichever is the sooner. s. 181 -- 136 of 159 -- Victorian Legislation and Parliamentary Documents Part 11—Transitional Provisions Private Security Act 2004 Act No. 33/2004 129 (3) The holder of a licence that is deemed to be a private security business licence under sub- section (1) is not entitled to renew that licence under this Act. (4) If an application has been made under Part 3 for the issue of a new licence by the holder of a licence that is deemed to be a private security business licence under sub-section (1), the licence is deemed to continue in force, after the expiry of the licence period, until the Chief Commissioner makes a decision in relation to the application or refuses to make a decision in relation to the application. 183. Licences under old Act deemed to be private security individual operator licences (1) On and from the commencement day, a licence granted under Part IIA of the old Act, in force immediately before that day, which authorised a person to carry on a class A security activity is deemed, on and from that day, to be a private security individual operator licence that authorises the person to carry on such an activity. (2) A licence that is deemed to be a private security individual operator licence under sub- section (1)— (a) is subject to any conditions to which the licence was subject immediately before the commencement day; and (b) remains in force for the remainder of the term of the licence unless before the end of that term— (i) the licence is cancelled, or suspended under Part 3; or s. 183 -- 137 of 159 -- Victorian Legislation and Parliamentary Documents Part 11—Transitional Provisions Private Security Act 2004 Act No. 33/2004 130 (ii) a private security individual operator licence that authorises the carrying on of such an activity is granted, or refused to be granted, under Part 3 to that person— whichever is the sooner. (3) The holder of a licence that is deemed to be a private security individual operator licence under sub-section (1) is not entitled to renew that licence under this Act. (4) If an application has been made under Part 3 for the issue of a new licence by the holder of a licence that is deemed to be a private security individual operator licence under sub-section (1), the licence is deemed to continue in force, after the expiry of the licence period, until the Chief Commissioner makes a decision in relation to the application or refuses to make a decision in relation to the application. 184. Transitional provision for security equipment installers, security advisers and bodyguards Part 2 does not apply to a person who— (a) immediately before the commencement day, was a security equipment installer, security adviser or bodyguard; and (b) lodges an application for the appropriate licence or registration under this Act on or before 6 weeks after the commencement day— until the Chief Commissioner makes a decision in relation to the application or refuses to make a decision in relation to the application. s. 184 -- 138 of 159 -- Victorian Legislation and Parliamentary Documents Part 11—Transitional Provisions Private Security Act 2004 Act No. 33/2004 131 185. Proceedings at VCAT for review of decisions under the old Act Any proceeding commenced in the Victorian Civil and Administrative Tribunal to review a decision to cancel or suspend a licence granted under Part IIA of the old Act pursuant to an application under section 42A of that Act, which has not been determined by the Tribunal before the commencement day is deemed to be a proceeding pursuant to an application under Part 7 to review a decision of the Chief Commissioner to cancel or suspend the licence (as the case may be). __________________ s. 185 -- 139 of 159 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to Private Agents Act 1966 Private Security Act 2004 Act No. 33/2004 132 PART 12—AMENDMENTS TO PRIVATE AGENTS ACT 1966 Division 1—General amendments 186. Definitions In section 3 of the Private Agents Act 1966— (a) the definitions of "crowd controller", "deputy registrar", "inquiry agent", "public place", "registrar", "security firm" and "security guard" are repealed; (b) in paragraph (b) of the definition of "surety", after "company" insert "or person". 187. Repeal of exemption relating to security guards Section 4(1)(h) of the Private Agents Act 1966 is repealed. 188. Categories of private agents (1) In section 5(1) of the Private Agents Act 1966, for "Part" substitute "Act". (2) Section 5(2) of the Private Agents Act 1966 is repealed. 189. Chief Commissioner to keep register (1) Insert the following heading to section 7 of the Private Agents Act 1966— "Chief Commissioner to keep register". (2) In section 7(1) of the Private Agents Act 1966 omit "under this Part". 190. Repeal of Part IIA Part IIA of the Private Agents Act 1966 is repealed. s. 186 See: Act No. 7494. Reprint No. 8 as at 13 January 2000 and amending Act Nos 74/2000 and 11/2001. LawToday: www.dms. dpc.vic. gov.au -- 140 of 159 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to Private Agents Act 1966 Private Security Act 2004 Act No. 33/2004 133 191. Registered address Section 23(3) of the Private Agents Act 1966 is repealed. 192. Repeal of Division heading in Part IV The heading to Division 1 of Part IV of the Private Agents Act 1966 is repealed. 193. Surety In section 31(1) of the Private Agents Act 1966 omit "in the prescribed form". 194. Termination of fidelity bond In sections 32(1) and 32(3) of the Private Agents Act 1966, after "insurance company" insert "or person". 195. Payment into bank For the penalty at the foot of sections 34(1) and 34(3) of the Private Agents Act 1966 substitute— "Penalty: 60 penalty units or 6 months imprisonment or both.". 196. Amendments to section 34A (1) For section 34A(1) of the Private Agents Act 1966 substitute— '(1) The Minister may take the action set out in sub-section (1A) if, after considering a report of an investigation into— (a) a commercial agent, the Minister is satisfied that the commercial agent has received money for or on behalf of persons and has not properly accounted for the money in the trust account required to be established under this Act; or s. 191 -- 141 of 159 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to Private Agents Act 1966 Private Security Act 2004 Act No. 33/2004 134 (b) a person who has been but is no longer a commercial agent ("former commercial agent"), the Minister is satisfied that— (i) there is an account that was, immediately before the person ceased to be a commercial agent, the trust account required to be established under this Act; and (ii) there is lodged at the proper venue of the Magistrates' Court a surety under this Part; and (iii) the person, when acting as a commercial agent, received money for or on behalf of persons and did not properly account for the money in the trust account required to be established under this Act. (1A) The action that may be taken by the Minister is that the Minister may— (a) by notice in writing to the manager or other principal officer of a bank with which the commercial agent or former commercial agent has deposited any money in the trust account required to be kept under this Act, direct that no money be drawn from the trust account without the consent of the Minister until further notice; and (b) notify the registrar at the proper venue of the Magistrates' Court that the commercial agent or former commercial agent appears to have received money for or on behalf of persons which is not properly s. 196 -- 142 of 159 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to Private Agents Act 1966 Private Security Act 2004 Act No. 33/2004 135 accounted for in the trust account required to be kept under this Act; and (c) in the case of a commercial agent, apply to the Court to have his or her licence suspended, and serve a copy of the application on the commercial agent.'. (2) In section 34A(2) of the Private Agents Act 1966, for "paragraph (a) of sub-section (1)" substitute "sub-section (1A)(a)". (3) For section 34A(4) of the Private Agents Act 1966 substitute— "(4) If— (a) the Minister has issued a notice under sub-section (1A)(a) in relation to a commercial agent or a former commercial agent; and (b) in the case of a commercial agent, the Minister has suspended his or her licence under sub-section (3), or the licence has later been cancelled— the Minister may, by notice published in at least two newspapers circulating throughout Victoria, fix a date on or before which any person, who is entitled to receive money which has been or should have been paid into the trust account of the commercial agent or former commercial agent, may prove his or her claim before the Chief Commissioner.". (4) In section 34A(7) of the Private Agents Act 1966— (a) after "commercial agent" insert "or former commercial agent (as the case requires)"; s. 196 -- 143 of 159 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to Private Agents Act 1966 Private Security Act 2004 Act No. 33/2004 136 (b) in paragraph (b)— (i) after "commercial agent" insert "or former commercial agent (as the case requires)"; (ii) after "insurance company" insert "or person". (5) In section 34A(11) of the Private Agents Act 1966 after "commercial agent" insert "or former commercial agent (as the case requires)". (6) In section 34A(12) of the Private Agents Act 1966 after "commercial agent" insert "or former commercial agent (as the case requires)". 197. Repeal of Part IVA Part IVA of the Private Agents Act 1966 is repealed. 198. Review of decision Section 42A of the Private Agents Act 1966 is repealed. 199. Permanent records to be kept by commercial agents (1) Insert the following heading to section 44A of the Private Agents Act 1966— "Permanent records to be kept by commercial agents". (2) In section 44A(1) of the Private Agents Act 1966 omit ', inquiry agent and security firm (hereinafter in this section called a "specified private agent")'. (3) In sections 44A(2) and 44A(3) of the Private Agents Act 1966— (a) for "specified private agent" (wherever occurring) substitute "commercial agent"; (b) for ' "specified private agent" ' (wherever occurring) substitute "commercial agent". s. 197 -- 144 of 159 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to Private Agents Act 1966 Private Security Act 2004 Act No. 33/2004 137 (4) In section 44A(5) of the Private Agents Act 1966, for "registrar" substitute "Registrar". 200. Judicial notice of certificates of the Chief Commissioner Insert the following heading to section 50 of the Private Agents Act 1966— "Judicial notice of certificates of the Chief Commissioner". 201. Regulations In section 51 of the Private Agents Act 1966— (a) in sub-section (1)(d), for "private agents or any category of private agents" substitute "commercial agents or commercial sub- agents"; (b) sub-sections (1)(i) and (1)(j) are repealed. 202. Further amendments to Private Agents Act 1966 The Private Agents Act 1966 is amended as set out in the Schedule. Division 2—Repeal of Section 19I and Insertion of Power to Impose Conditions 203. Insertion of new section 19HA After section 19H of the Private Agents Act 1966 insert— "19HA. Registrar may impose conditions on licence The registrar may impose conditions on a licence under this Part.". 204. Repeal of section 19I Section 19I of the Private Agents Act 1966 is repealed. __________________ s. 200 -- 145 of 159 -- Victorian Legislation and Parliamentary Documents Part 13—Amendments to Other Acts Private Security Act 2004 Act No. 33/2004 138 PART 13—AMENDMENTS TO OTHER ACTS 205. Amendment to Major Events (Crowd Management) Act 2003 For section 25(1)(a) of the Major Events (Crowd Management) Act 2003 substitute— "(a) the person holds under the Private Security Act 2004— (i) a private security business licence that authorises that person to carry on the business of providing the services of other persons to act as a security guard or a crowd controller; or (ii) a private security individual operator licence that authorises that person to act as a security guard or a crowd controller; or". 206. Amendment to Melbourne and Olympic Parks Act 1985 In section 22A(3) of the Melbourne and Olympic Parks Act 1985, for "Private Agents Act 1966" substitute "Private Security Act 2004". See: Act No. 19/2003. LawToday: www.dms. dpc.vic. gov.au s. 205 See: Act No. 10206. Reprint No. 3 as at 24 February 2000 and amending Act Nos 74/2000, 81/2000, 11/2001 and 19/2003. LawToday: www.dms. dpc.vic. gov.au -- 146 of 159 -- Victorian Legislation and Parliamentary Documents Part 13—Amendments to Other Acts Private Security Act 2004 Act No. 33/2004 139 207. Amendments to the Firearms Act 1996 In sections 10(2)(d)(i) and 15(2)(a)(i) of the Firearms Act 1996, for "Private Agent's Act 1966" substitute "Private Security Act 2004". 208. Amendments to the Casino Control Act 1991 (1) In sections 37(2) and 78(4) of the Casino Control Act 1991, for "Private Agents Act 1966" substitute "Private Security Act 2004". (2) In section 46 of the Casino Control Act 1991, for "in compliance with the Private Agents Act 1966" substitute ", who is a crowd controller within the meaning of the Private Security Act 2004, that complies with that Act". 209. Amendment to Gaming Machine Control Act 1991 In section 47(2) of the Gaming Machine Control Act 1991, for "in compliance with the Private Agents Act 1966" substitute ", who is a crowd controller within the meaning of the Private Security Act 2004, that complies with that Act". See: Act No. 66/1996. Reprint No. 3 as at 1 January 2004. LawToday: www.dms. dpc.vic. gov.au s. 207 See: Act No. 47/1991. Reprint No. 5 as at 28 August 2001 and amending Act Nos 38/2002, 52/2003 and 114/2003. LawToday: www.dms. dpc.vic. gov.au See: Act No. 53/1991. Reprint No. 9 as at 1 September 2002 and amending Act Nos 117/1993, 90/1997, 38/2002, 52/2003 and 114/2003. LawToday: www.dms. dpc.vic. gov.au -- 147 of 159 -- Victorian Legislation and Parliamentary Documents Part 13—Amendments to Other Acts Private Security Act 2004 Act No. 33/2004 140 210. Amendment to Gaming No. 2 Act 1997 In section 60(2) of the Gaming No. 2 Act 1997, for "in compliance with the Private Agents Act 1966" substitute ", who is a crowd controller within the meaning of the Private Security Act 2004, that complies with that Act". 211. Amendments to Gambling Regulation Act 2003 In sections 3.4.44(2) and 8.5.26(2) of the Gambling Regulation Act 2003, for "in compliance with the Private Agents Act 1966" substitute ", who is a crowd controller within the meaning of the Private Security Act 2004, that complies with that Act". __________________ See: Act No. 16/1997. Reprint No. 2 as at 28 August 2001 and amending Act Nos 90/2000, 11/2002, 23/2002, 38/2002 and 114/2003. LawToday: www.dms. dpc.vic. gov.au s. 210 See: Act No. 114/2003. LawToday: www.dms. dpc.vic. gov.au -- 148 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 141 SCHEDULE FURTHER AMENDMENTS TO PRIVATE AGENTS ACT 1966 1. In section 7 of the Private Agents Act 1966, for "registrar" (wherever occurring) substitute "Chief Commissioner". 2. In section 11(b)(ii) of the Private Agents Act 1966, for "registrar" substitute "Chief Commissioner". 3. In section 12 of the Private Agents Act 1966— (a) for "registrar" (where first occurring) substitute "Chief Commissioner"; (b) for "registrar or deputy registrar—a copy to the registrar" substitute "Chief Commissioner—a copy to the Chief Commissioner". 4. In section 15(3)(b) of the Private Agents Act 1966, for "registrar" substitute "Chief Commissioner". 5. In section 17(1)(b) of the Private Agents Act 1966, for "registrar" substitute "Chief Commissioner". 6. In section 22(1)(a) of the Private Agents Act 1966, for "registrar or deputy registrar" substitute "Chief Commissioner". 7. In section 23(2) of the Private Agents Act 1966, for "registrar" substitute "Chief Commissioner". 8. In section 31B of the Private Agents Act 1966— (a) in sub-sections (2), (3)(b) and (4), for "registrar" (where first occurring) substitute "Chief Commissioner"; (b) in sub-sections (1) and (5), for "registrar" substitute "Chief Commissioner". 9. In section 32(1) of the Private Agents Act 1966, for "registrar" (where secondly occurring) substitute "Chief Commissioner". 10. In section 34A(6) of the Private Agents Act 1966, for "registrar" substitute "Chief Commissioner". 11. In section 35 of the Private Agents Act 1966, for "registrar" (wherever occurring) substitute "Chief Commissioner". 12. In section 42(3) of the Private Agents Act 1966, for "registrar" substitute "Chief Commissioner". Sch. -- 149 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 142 13. In section 43 of the Private Agents Act 1966— (a) in sub-section (1), for "registrar" (where secondly occurring) substitute "Chief Commissioner"; (b) in sub-section (2), for "registrar" substitute "Chief Commissioner". 14. In section 50 of the Private Agents Act 1966, for "registrar or deputy registrar" (wherever occurring) substitute "Chief Commissioner". 15. In section 51(1)(h) of the Private Agents Act 1966, for "registrar and the deputy registrar;" substitute "Chief Commissioner.". ═══════════════ Sch. -- 150 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 143 ENDNOTES † Minister's second reading speech— Legislative Assembly: 22 April 2004 Legislative Council: 12 May 2004 The long title for the Bill for this Act was "to provide for the licensing or registration of certain participants in the private security industry, to otherwise regulate that industry, to amend the Private Agents Act 1966 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 22 April 2004 Legislative Council: 12 May 2004 Absolute majorities: Legislative Assembly: 11 May 2004 Legislative Council: 25 May 2004 Endnotes -- 151 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 144 INDEX Subject Section Actamendments to other Acts 205–211 amendments to Private Agents Act 1966 186–204, Sch. application 4 commencement 2 purposes 1 review 178 transitional provisions 181–185 Advertising 18, 75, 130 Associates See Close associates Authorised persons appointment 152 definition 3 hindrance, obstruction 153 identification 128, 152, 153 powers, duties regarding crowd controller registers 143–149 infringement notices 163, 165–166 inspection of licences, registration, permits 128 proceedings 157 Bankruptcy 26, 83 Bodies corporate offences by 159–161 See also Nominated persons; Officers Bodyguards 3, 184 See also Private security licences; Temporary permits Chief Commissioner of Police delegation of functions 171 powers, duties, functions regarding annual report 177 appointment of authorised persons 152 complaints 48–49, 103–104 infringement notices 164, 166 proceedings 157 register of licence, registration, permit holders 158, 173 security industry organisations and training 172 referral of matters from court to 61, 116 See also Disciplinary inquiries; Investigations and inquiries; Private security licences; Private security registration; Temporary permits Class A security activities (def.) 3 See also Private security licences; Temporary permits Class B security activities (def.) 3 See also Private security registration; Temporary permits -- 152 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 145 Subject Section Close associates as prohibited persons 26, 27 definition 3 inability to meet business licence requirements 26 inability to meet business registration requirements 83 information in applications for licences 17, 21, 22, 23 information in applications for registration 74, 78, 79, 80 notice of changes to 174 notice of charges for offences 176 Complaints against licence holders 48–49 against registration holders 103–104 See also Disciplinary inquiries Crowd controllers definition 3 definition of private security crowd controller business licence 137 identification 138, 142 incidents involving 142 registers activity managers' duties 139, 141–142 business licence holders' duties 140 completed register (def.) 137 copies 144 crowd controllers' duties 141–142 evidence 149 information required to be entered 142 inspection 143 seizure 145–148 See also Private security licences Definitions 3, 13, 26, 46, 83, 102, 124, 137, 142, 181 Disciplinary inquiries definition 46, 102 into licence holders actions taken 56–59 Chief Commissioner's powers in general 55 grounds for holding 50 hearings 54 not prevented by other proceedings 60 notice of 52–53 submissions 52–54 suspension of licence or authority during 51 into registration holders actions taken 111–114 Chief Commissioner's powers in general 110 grounds for holding 105 hearings 109 not prevented by other proceedings 115 notice of 107–108 submissions regarding 107–109 suspension of registration or authority during 106 -- 153 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 146 Subject Section Disqualifying offences charges as grounds for refusing to grant licence 25, 26 definition 13 notice of charges for 176 Entry powers 154–156 Evidence 149, 158 Fees licences 30, 39, 42, 43, 125 registration 87, 95, 98, 99, 125 temporary permits 69, 122 Fingerprints required in relation to applications for licences 22 registration 79 temporary permits 68, 121 Individual operators See Private security licences; Private security registration; Temporary permits Infringements 163–170 Insolvent under administration 3, 26, 83 Investigations and inquiries of applications for licences 20–23 registration 77–80 temporary permits 68, 121 of complaints 49, 104 See also Disciplinary inquiries Investigators (def.) 3 See also Private security licences Licences See Private security licences Minister 178 Nominated persons as prohibited persons 26, 27 body corporate documents to be completed by 136 definition 3 inability to meet business licence requirements 26 inability to meet business registration requirements 83 information in applications for licences 17, 21, 22, 23 information in applications for registration 74, 78, 79, 80 nomination, notice of changes to 124 notice of charges for offences 176 qualified persons (def.) 124 Offences by bodies corporate 159–161 convictions, guilty findings, charges as grounds for refusing licences 25, 26 refusing registration 82, 83 suspension, cancellation of licences 61 suspension, cancellation of registration 116 -- 154 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 147 Subject Section disqualifying offences 13, 25, 26, 176 infringements 163–170 notice of charges for 176 particular indictable offences 13, 25, 26, 61, 176 proceedings 157 regarding addresses of businesses, individual operators 129 advertising 130 body corporate documents 136 close associates 174 crowd controllers 138–141 display of licence, registration documents 133 failure to surrender licence documents 44, 45, 59, 62 failure to surrender registration documents 100, 101, 114, 117 false, misleading statements 135 hindrance of authorised persons, police 153 inspection of licences, registration, permits 128 names of businesses 126 nominated persons 124 non-compliance with licence conditions 32 non-compliance with permit conditions 70, 123 non-compliance with registration conditions 89 officers 175 records 134 unlicensed businesses 5–6 unlicensed individual operators 7–8 unlicensed, unregistered employees 131–132 unregistered businesses 9–10 unregistered individual operators 11–12 Officers as prohibited persons 26, 27, 47 definition 3 inability to meet business licence requirements 26 inability to meet business registration requirements 83 information in applications for licences 17, 21, 22, 23 information in applications for registration 74, 78, 79, 80 liability for offences by bodies corporate 159 notice of changes to 175 notice of charges for offences 176 Particular indictable offences convictions, guilty findings, charges as grounds for cancelling, suspending licences 61 refusing licences 25, 26 definition 13 notice of charges for 176 Partnerships (def.) 3 Permits See Temporary permits Police definition of member of police force 3 hindrance, obstruction 153 identification 128, 153, 156 -- 155 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 148 Subject Section powers, duties regarding crowd controller registers 143–149 infringement notices 163, 165–166 inspection of licences, registration, permits 128 proceedings 157 search warrants 154–156 Private security business licences See Private security licences Private security business registration See Private security registration Private security businesses advertising 130 display of licence, registration documents 133 names 126 records 134 registered address 3, 129 unauthorised employees 131–132 unlicensed businesses 5–6 unregistered businesses 9–10 Private security individual operator licences See Private security licences Private security individual operator registration See Private security registration Private security licences activities authorised under 14, 15, 31, 42 applications additional particular requirements 17 advertising 18 consideration by Chief Commissioner 19 fingerprinting of applicants and others 22 information, documents provided 23 investigations, inquiries 20–23 known information on applicants and others 3, 21 making of 16 refusal to make decision on 24 cancellation of licences, authorities 45, 47, 56, 59, 61 competency requirements 25, 26 conditions 31–33, 41, 43, 56 definition 3 disqualification 56, 61 duplicate licence documents 125 duration 34 fees 30, 39, 42, 43, 125 grant 14–15 holders of as prohibited persons 47 complaints against 48–49 notice of changes to close associates 174 offences by 61, 176 offences by officers, employees, agents of 161 supervision 31, 33 unfair, dishonest, discreditable conduct 50 -- 156 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 149 Subject Section issue of licence documents 40, 44, 45, 59 non-compliance with conditions 32, 50 objections to 18 private security business licence (def.) 3 private security individual operator licence (def.) 3 probity requirements 25, 26 production for inspection 128 refusal to grant 25–29 register 158, 173 renewal 35–39 return of licence document 63 review by VCAT of decisions regarding 150–151 submissions 18, 27, 28, 29, 41 surrender of licence document 44, 45, 59, 61, 62 suspension of licences, authorities 51, 56, 59, 61–63 training as requirement for or condition of 25, 26, 31, 33 transitional provisions 182–185 unlicensed businesses 5–6 unlicensed employees 131 unlicensed individual operators 7–8 unlicensed services, activities 127 variation of conditions, authorities 41–44, 56 See also Crowd controllers; Disciplinary inquiries; Private security businesses Private security registration activities authorised by 71, 72, 98 applications additional particular requirements 74 advertising 75 consideration by Chief Commissioner 76 fingerprinting of applicants and others 79 information, documents provided 80 investigations, inquiries 77–80 known information on applicants and others 3, 78 making of 73 refusal to make decision on 81 cancellation of registration, authorities 101, 111, 114, 116 conditions 88–89, 97, 111 definition 3 disqualification 111, 116 duplicate registration documents 125 duration 90 fees 87, 95, 98, 99, 125 grant 71–72 holders of complaints against 103–104 notice of changes to close associates 174 offences by 116, 176 offences by officers, employees, agents of 161 supervision 88 unfair, dishonest, discreditable conduct 105 issue of registration documents 96, 100, 101, 114 -- 157 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 150 Subject Section non-compliance with conditions 89, 105 objections to 75 private security business registration (def.) 3 private security individual operator registration (def.) 3 probity requirements 82, 83 production for inspection 128 refusal to grant 82–86 register 158, 173 renewal 91–95 return of registration documents 118 review by VCAT of decisions regarding 150–151 submissions 75, 84, 85, 86, 97 surrender of registration documents 100, 101, 114, 116, 117 suspension of registration, authorities 106, 111, 114, 116 unregistered businesses 9–10 unregistered employees 132 unregistered individual operators 11–12 unregistered services, activities 127 variation of conditions, authorities 97–100, 111 See also Disciplinary inquiries; Private security businesses Prohibited persons definition 13 licence holders, officers as 47 in relation to refusal to grant licences 25, 26, 27 Proof of identity required in relation to applications for licences 17, 22 registration 74, 79 temporary permits 68, 121 specified identification method (def.) 3 Public interest 25, 26, 82, 83 Public places (def.) 3 Registers crowd controllers 137, 139–149 licence, registration, permit holders 3, 158, 173 Registration See Private security registration Regulations 180 Review of Act 178 of licence, registration, permit decisions by VCAT 150–151, 185 Search warrants 154–156 Security activities (def.) 3 Security advisers 3, 184 See also Private security registration Security equipment (def.) 3 Security equipment installers 3, 184 See also Private security registration Security guards (def.) 3 See also Private security licences -- 158 of 159 -- Victorian Legislation and Parliamentary Documents Private Security Act 2004 Act No. 33/2004 151 Subject Section Security industry organisations approval 172 membership as requirement for business licences 26 Security industry training providers See Training Seizure 145–148, 154 Service of documents 162 Supreme Court limitation of jurisdiction 179 Temporary permits class A security activities applications 68 conditions 70 fees 69 for interstate visitors to carry on activities 64 for interstate visitors to carry on business 65 for overseas bodyguards 66–67 issue, refusal to issue 68 limitations 70 class B security activities applications 121 conditions 123 fees 122 for interstate visitors to carry on activities 119 for interstate visitors to carry on business 120 issue, refusal to issue 121 limitations 123 production for inspection 128 register 158, 173 review by VCAT of decisions regarding 150–151 Training approval of requirements, providers 172 as requirement, condition of licences 25, 26, 31, 33 Transitional provisions 181–185 Victorian Civil and Administrative Tribunal 150–151, 185 -- 159 of 159 --