Security Industry Act 1997 No 157

An Act to provide for the licensing and regulation of persons in the security industry; to repeal the Security (Protection) Industry Act 1985 ; and for related purposes.

This Act is the Security Industry Act 1997 .

This Act commences on a day or days to be appointed by proclamation.

(1) In this Act—

(b) is the holder of a class 1F licence, and

(c) in carrying out the activities authorised by that licence, is authorised by a licence under the Firearms Act 1996 to use and possess firearms.

(a) a police officer, or

(b) any other member of the NSW Police Force who is authorised by the Commissioner in writing to exercise the functions of an enforcement officer under this Act.

permanent Australian resident means a person resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by or in accordance with law.

(a) directly providing persons to carry on the security activity, including by employing or subcontracting the persons, or

(b) indirectly providing the persons to carry on the security activity through an arrangement with another person, including by contract, franchise or otherwise.

(a) any type of safe or vault,

(b) any mechanical, electronic, acoustic or other equipment designed or adapted to provide or enhance security or for the protection of any property,

(c) any type of device or equipment prescribed by the regulations for the purposes of this definition,

but does not include any type of device or equipment declared not to be security equipment by the regulations.

temporary excess provision of services permit means a temporary excess provision of services permit in force under section 40A.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A) In this Act, a reference to a class of licence includes a reference to a subclass of that class of licence.

(2) Notes in the text of this Act do not form part of this Act.

s 3: Am 2002 No 107, Sch 1 [1]; 2005 No 63, Sch 1 [1] (am 2006 No 58, Sch 2.50) [2] [3]; 2008 No 113, Sch 1 [1]; 2012 No 49, Sch 1 [1]–[6]; 2016 No 40, Sch 1[1]; 2022 No 52, Sch 1[1] [2].

(1) For the purposes of this Act, a person carries on a security activity if the person carries on any one or more of the following activities in the course of conducting a business or in the course of the person’s employment—

(b) acting as a crowd controller, or acting in a similar capacity, by physical or electronic means,

(c) patrolling, protecting or guarding any property, by physical means (which may involve the use of dogs or the possession or use of firearms) or by electronic means, including, but not limited to, in any one or more of the following circumstances—

(ii) carrying on monitoring centre operations,

(iii) carrying on retail loss prevention,

(iv) patrolling, protecting or guarding cash (including cash in transit) or other valuables,

(v) patrolling, protecting or guarding an airport or any other infrastructure,

(c1) acting as a private investigator or acting in a similar capacity,

(d) installing, maintaining, repairing or servicing, by physical or electronic means—

(ii) any mechanical, electronic, acoustic or other equipment that the person installing, maintaining, repairing or servicing the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property,

(i) any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or

(ii) any mechanical, electronic, acoustic or other equipment that the person selling the equipment purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property,

(f) selling security methods or principles,

(g) selling the services of persons to carry on any security activity referred to in this section,

(h) providing advice in relation to security equipment (other than basic household or automotive security items at approved classes of retail outlets), including providing product advice in relation to security equipment,

(h1) providing advice in relation to the identification and analysis of security risks and providing solutions or management strategies to minimise security risks,

(i) providing advice in relation to any other mechanical, electronic, acoustic or other equipment (other than basic household or automotive security items at approved classes of retail outlets) that the person providing the advice purports to be equipment that is designed or adapted to provide or enhance security or for the protection of any property,

(j) providing training or instruction in relation to any security activity referred to in this section,

(k) assessing another person’s training, instruction or competencies in relation to any security activity referred to in this section,

(l) (Repealed)

(m) providing persons to carry on any security activity referred to in this section,

(n) acting as an agent for, or otherwise obtaining contracts for—

(ii) the supply of any security equipment (other than basic household or automotive security items at approved classes of retail outlets), or

(iii) the supply of any security activity referred to in this section,

(o) brokering any security activity referred to in this section, by acting or purporting to act as an intermediary to negotiate and obtain any such activity for a person (other than the person’s employer or a principal who is not a client of the person) in return for a commission or financial benefit,

(p) any other activity, or class of activities, that is connected with security or the protection of persons or property, whether by physical or electronic means, and that is prescribed by the regulations for the purposes of this section.

(1A) The regulations may prescribe activities that are not security activities.

(2) In this section—

bodyguard means a person who is employed or engaged for the purpose of providing close personal protection to another person.

crowd controller means a person who, for remuneration, exercises one or more of the following functions at a relevant place as part of the person’s regular duties—

(b) screening persons seeking entry,

(c) removing persons for behavioural or other reasons,

(d) any other function prescribed by the regulations.

private investigator means a person who is employed or engaged for the purposes of either or both of the following—

(a) the investigation of persons , being any activity carried out by a person on behalf of a second person (not being his or her employer) that involves finding a third person or investigating a third person’s business or personal affairs,

(b) the surveillance of persons , being any activity carried out by a person on behalf of a second person (not being his or her employer) that involves the surveillance of a third person.

relevant place means the following places, but does not include a place prescribed by the regulations as not being a relevant place—

(a) licensed premises within the meaning of the Liquor Act 2007 ,

(b) a public entertainment venue,

(c) a place at which a public or private event or function is held,

(d) a hospital,

(e) a quarantine facility,

(f) retail premises,

(g) a public place.

s 4: Am 1998 No 54, Sch 1.16 [1]. Subst 2005 No 63, Sch 1 [4]. Am 2011 No 62, Sch 1.18 [1]–[5]; 2012 No 49, Sch 1 [5] [7]–[9]; 2016 No 40, Sch 1[2] [3]; 2022 No 52, Sch 1[3]–[7].

(1) For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a licence if the person—

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Commissioner) to exercise a significant influence over or with respect to the conduct of that business, or

(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or holder.

(2) In this section—

(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means the position of director, manager, and other executive positions and secretary, however those positions are designated, and such other positions as may be prescribed by the regulations for the purposes of this definition.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a) to participate in any directorial, managerial or executive decision, or

(b) to elect or appoint any person to any relevant position.

(1) Except as provided by this section, this Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

(2) Any person who is employed in any of the following capacities does not carry on a security activity while, and to the extent that, the person is performing official duties in that capacity or in the course of that employment—

(b) a police officer of the Commonwealth, another State or a Territory,

(c) a member of the armed forces of the Commonwealth.

(d) (Repealed)

(2A) A person does not carry on a security activity while, and to the extent that, the person is performing official duties in the course of his or her employment by or in any of the following—

(b) the Australian Crime Commission,

(c) the Law Enforcement Conduct Commission,

(d) the Independent Commission Against Corruption,

(e) the Department of Attorney General and Justice as a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999 ) or a juvenile justice officer,

(f) any other agency responsible for the enforcement of criminal laws of the State, of the Commonwealth or of another State or Territory.

(2B)–(3) (Repealed)

s 6: Am 2005 No 63, Sch 1 [5]–[8]; 2006 No 94, Sch 3.32 [1]; 2012 No 49, Sch 1 [10]; 2013 No 56, Sch 3.9; 2016 No 61, Sch 6.40 [1]; 2017 No 16, Sch 1 [1]; 2022 No 52, Sch 1[8].

(1) The Commissioner may exempt a person or class of persons from the requirement to hold a licence under section 7(1) or (2) to—

(b) carry on a security activity.

(2) An exemption for a person may be granted—

(b) by written notice given to the person.

(3) An exemption for a class of persons is granted by notice published on the NSW Police Force website.

(4) An exemption may be subject to conditions.

(5) The Commissioner may revoke an exemption at any time.

(6) The regulations may—

(b) prescribe a fee to be paid to the Commissioner on the making of an application for an exemption.

(1) In this section—

(a) regulating organisations providing training, assessment or instruction in relation to any security activity, and

(b) providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and

(c) providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters.

(2) The State security industry regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent only that that section prevents the application of the State security industry regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to security activities regulated by this Act.

(2A) Without limiting subsection (2), each provision of this Act (and of any regulations made under this Act) is declared to be a VET legislation displacement provision for the purposes of section 11 of the Commonwealth Act generally. This subsection extends to any such provision enacted or as amended after the commencement of this subsection.

(3) Subsection (2) is taken to have had effect from 1 July 2011.

(4) Anything done or omitted to be done before the commencement of subsection (2A) that would have been validly done or omitted if subsection (2A) had been in force at the time is taken, on and from the commencement of subsection (2A), to have been validly done or omitted.

(1) A person must not provide persons to carry on security activities unless—

(b) the person provides no more persons on any one day than the number of persons authorised by the master licence.

(c) (Repealed)

(a) in the case of a corporation—1,000 penalty units, or

(b) in the case of an individual—500 penalty units or imprisonment for 2 years, or both.

(2) A person must not carry on a security activity (other than providing persons to carry on security activities) unless the person is the holder of a class 1 licence or class 2 licence that authorises the person to carry on the security activity.

(3) The holder of a visitor permit does not commit an offence under this section while acting under and in accordance with the authority conferred by the visitor permit.

(4) The holder of a temporary excess provision of services permit granted under section 40A does not commit an offence under subsection (1) while acting under and in accordance with the authority conferred by the temporary excess provision of services permit.

s 7: Subst 2005 No 63, Sch 1 [9]. Am 2007 No 82, Sch 1.20 [1] [2]; 2008 No 113, Sch 1 [2]; 2012 No 49, Sch 1 [12]–[15].

A licence does not confer on the licensee any function apart from a function authorised by the licence.

(1) A licence may be of one of the following classes—

(b) a class 1 licence,

(c) a class 2 licence,

(d) (Repealed)

(2) A class of licence may, in accordance with the regulations, be combined with another class of licence into a composite licence that authorises the licensee to carry on more than one kind of security activity.

(1) Master licences are to be classified into subclasses. Those subclasses, and the authority they confer, are as follows—

(a) class MA—authorises the holder, who is a self-employed individual and who holds a class 1 or class 2 licence, or both, to provide the holder’s services to carry on security activities,

(b) class MB—authorises the holder to provide no more than 3 persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence,

(c) class MC—authorises the holder to provide no more than 14 persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence,

(d) class MD—authorises the holder to provide no more than 49 persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence,

(e) class ME—authorises the holder to provide 50 or more persons on any one day to carry on security activities, each of whom must be the holder of a class 1 or class 2 licence.

(2) Each class of master licence also authorises the holder to carry on the security activities authorised under a class 2B licence.

(3) (Repealed)

s 10: Am 1998 No 54, Sch 1.16 [2] [3]; 2005 No 63, Sch 1 [12]; 2008 No 113, Sch 1 [3]; 2012 No 49, Sch 1 [17] [18]; 2016 No 27, Sch 1.24 [1]; 2022 No 52, Sch 1[10]–[14].

(1) Class 1 licences are to be classified into subclasses. Those subclasses, and the authority they confer, are as follows—

(ii) to act as a crowd controller or in a similar capacity,

(b) class 1B—authorises the licensee to act as a bodyguard or to act in a similar capacity,

(c) class 1C—authorises the licensee to patrol, protect or guard cash-in-transit,

(d) class 1D—authorises the licensee to patrol, protect or guard any property with a dog,

(e) class 1E—authorises the licensee to patrol, protect or guard any property while carrying on monitoring centre operations,

(f) class 1F—authorises the licensee to patrol, protect or guard approved classes of property while armed (but only under the authority of a licence or permit to use or possess firearms under the Firearms Act 1996 ),

(g) (Repealed)

(h) any other class prescribed by the regulations—authorises the licensee to carry on the security activity prescribed by the regulations in relation to the prescribed class of licence concerned.

(2) The relevant subclass is to be endorsed on each class 1 licence. More than one such subclass may be endorsed on a class 1 licence.

(3) A class 1A, class 1B, class 1C, class 1E or class 1F licence does not authorise the licensee to carry on a security activity with a dog.

(4) A class 1A licence or a class 1F licence does not authorise the licensee to patrol, protect or guard cash-in-transit.

s 11: Am 2005 No 63, Sch 1 [13]; 2011 No 62, Sch 1.18 [2] [6]; 2012 No 49, Sch 1 [5] [19]; 2014 No 88, Sch 1.25 [1]; 2022 No 52, Sch 1[15]–[17].

(1) Class 2 licences are to be classified into subclasses. Those subclasses, and the authority they confer, are as follows—

(ii) to act as a consultant by identifying and analysing security risks and providing solutions and management strategies to minimise those security risks,

(b) class 2B—authorises the licensee—

(ii) to sell the services of persons to carry on any security activity, and

(iii) to act as an agent for, or otherwise obtain contracts for, the supply of persons to carry on any security activity, the supply of any security equipment or the supply of any security activity, and

(iv) to broker any security activity by acting as an intermediary to negotiate and obtain any such activity for a person in return for a commission or financial benefit,

(c) class 2C—authorises the licensee to sell, install, maintain, repair and service, and provide advice in relation to, security equipment (including electronic security equipment and barrier equipment) and to act as a locksmith,

(d) class 2D—authorises the licensee to provide training, assessment or instruction in relation to any security activity,

(d1) class 2E—authorises the licensee to act as a private investigator or act in a similar capacity,

(e), (f) (Repealed)

(g) any other class prescribed by the regulations—authorises the licensee to carry on the security activity prescribed by the regulations in relation to the prescribed class of licence concerned.

(2) The relevant subclass is to be endorsed on each class 2 licence. More than one such subclass may be endorsed on a class 2 licence.

(3) The authority conferred by a class 2D licence does not extend to training, assessment or instruction in the use of firearms.

Trainers and instructors of security guards and security personnel who use firearms in their employment are approved by the Commissioner under the Firearms Regulation 2006 and are required to be licensed under the Firearms Act 1996 .

(4) (Repealed)

s 12: Am 2005 No 63, Sch 1 [14] (am 2005 No 98, Sch 1.22 [1] [2]) [15]; 2012 No 49, Sch 1 [20] [21]; 2013 No 47, Sch 2.22 [1]; 2014 No 88, Sch 1.25 [2]; 2016 No 40, Sch 1[4]; 2017 No 16, Sch 1 [1].

(1) A person may apply to the Commissioner for the grant of a licence.

(2) An application must be in the approved form and—

(b) be supported by such information and particulars as may be prescribed by the regulations.

(3)–(5) (Repealed)

(6) Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a licence.

s 14: Am 2005 No 63, Sch 1 [18]–[20] (am 2006 No 120, Sch 1.28 [1]); 2008 No 113, Sch 1 [4]; 2012 No 49, Sch 1 [23]; 2013 No 68, Sch 1 [1].

(1) The Commissioner must refuse to grant an application for a licence if—

(b) the applicant—

(i) is a registrable person or corresponding registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000 , and

(ii) has reporting obligations under that Act, or

(c) the applicant has supplied information—

(ii) that is, to the applicant’s knowledge, false or misleading in a material particular, or

(d) the applicant is not an Australian citizen or a permanent Australian resident and does not hold—

(ii) a visa for a skilled occupation to which the activities authorised by the proposed licence correspond, or

(e) the applicant is prohibited under section 16B from making the application, or

(f) the Commissioner is not satisfied that the applicant—

(ii) has the approved competencies and experience, or

(iii) has undertaken and completed the training, assessment and instruction approved for the class of licence sought by the applicant, or

(iv) is competent to carry on the security activity to which the proposed licence relates.

(2)–(2C) (Repealed)

(3) The Commissioner may refuse to grant an application for a licence if the Commissioner considers that the grant of the licence would be contrary to the public interest.

(4) The regulations may provide additional mandatory or discretionary grounds for refusing the granting of an application for a licence.

(5) Except as provided by the regulations, a reference in this section to an applicant includes, in the case of an application for a master licence, a reference to each close associate of the applicant.

(6) For the purpose of determining whether an applicant is a fit and proper person to hold the class of licence sought by the applicant or whether the grant of the licence would be contrary to the public interest, the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the applicant that—

(b) causes the Commissioner to conclude that improper conduct is likely to occur if the applicant were granted the licence, or

(c) causes the Commissioner not to have confidence that improper conduct will not occur if the applicant were granted the licence.

(7) The Commissioner is not, under this or any other Act or law, required to give any reasons for not granting a licence if the giving of those reasons would disclose the existence or content of any criminal intelligence report or other criminal information as referred to in subsection (6).

(8) (Repealed)

s 15: Am 2002 No 107, Sch 1 [2] [3]; 2005 No 63, Sch 1 [21]–[23]; 2012 No 49, Sch 1 [24]; 2013 No 68, Sch 1 [2] [3]; 2017 No 16, Sch 1 [2]–[4]; 2022 No 52, Sch 1[18] [19].

(1) The Commissioner must refuse to grant an application for a licence if the Commissioner is satisfied that the applicant—

(a) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations in relation to the class of licence sought, whether or not the offence is an offence under New South Wales law, or

(b) has, within the period of 5 years before the application for the licence was made, been found guilty (but with no conviction being recorded) by a court in New South Wales or elsewhere of an offence prescribed by the regulations in relation to the class of licence sought, whether or not the offence is an offence under New South Wales law, or

(c) has, within the period of 5 years before the application for the licence was made, had a civil penalty imposed on the applicant by a court or tribunal in New South Wales or elsewhere, being a civil penalty prescribed by the regulations in relation to the class of licence sought, or

(d) has, within the period of 10 years before the application for the licence was made, been removed or dismissed from the NSW Police Force or from the police force of any other jurisdiction (whether in Australia or overseas) on the ground of the applicant’s integrity as a police officer.

(2) Without limiting subsection (1), the Commissioner may refuse to grant an application for a licence if the Commissioner is satisfied that the applicant has a conviction that is not capable of becoming spent.

Under section 7 of the Criminal Records Act 1991 , certain convictions are not capable of becoming spent. For example, convictions for which a prison sentence of more than 6 months has been imposed, convictions for certain sexual offences and convictions prescribed by the Criminal Records Regulation 2004 .

(3) The Commissioner must refuse to grant an application for a licence if the Commissioner is of the opinion that the applicant is not suitable to hold a licence because the applicant has been involved in corrupt conduct.

(4) (Repealed)

(4A) The Commissioner may refuse to grant an application for a licence if, within the period of 10 years before the application for the licence was made, the applicant has been removed from the NSW Police Force under section 181D of the Police Act 1990 on grounds other than the applicant’s integrity as a police officer.

(5) A reference in subsection (1), (2), (3), (4) or (4A) to an applicant includes, in the case of an application for a master licence, a reference to each close associate of the applicant.

s 16: Am 2005 No 63, Sch 1 [24] [25] (am 2007 No 27, Sch 4.27) [26] [27] (am 2007 No 27, Sch 4.27) [28]; 2007 No 82, Sch 1.20 [3]; 2012 No 49, Sch 1 [25] [26].

(1) The Commissioner must refuse to grant an application for a licence to a police officer or other member of the NSW Police Force if the Commissioner considers that the grant of the licence, or the carrying on of the security activities authorised by the licence, would create a conflict of interest between the proper performance of the officer’s or member’s duties as an officer or member and the officer’s or member’s private interests.

(2) However, the Commissioner may grant an application for a licence to a police officer or other member of the NSW Police Force subject to the condition that the person may not be employed by specified persons, if to do so would avoid a conflict of interest of the kind described in subsection (1). This subsection does not limit the other conditions to which a licence may be subject.

(1) The Commissioner may prohibit a person from making an application for a licence if—

(b) in considering the application, the Commissioner—

(ii) considers the grant of the licence would be contrary to the public interest.

(2) The Commissioner must give the person written notice of the prohibition.

(3) The person is prohibited from making an application for a licence while the prohibition is in force against the person.

(4) The prohibition—

(b) commences—

(ii) if the person seeks a review of the decision to refuse the application—when the review and any related appeals are finally determined.

(5) If a review or appeal overturns the decision to refuse the application, the prohibition is taken never to have been in force against the person.

(1) An application for the renewal of a licence may be lodged with the Commissioner by the holder of the licence no earlier than 8 weeks before the licence ceases (otherwise than by revocation) to be in force (its expiry ).

(2) The application is to be—

(b) lodged electronically, by post or in any other approved manner, and

(c) accompanied by a fee prescribed by the regulations.

(3) Subsection (1) does not prevent the Commissioner from granting an application for the renewal of a licence lodged no later than 90 days after its expiry on payment of the late fee prescribed by the regulations.

(4) The Commissioner must refuse an application to renew a licence if the Commissioner is satisfied that, if the applicant were applying for a new licence, the application would be required by this Act to be refused.

For example, under section 15 (1) of this Act the Commissioner must refuse an application for a new licence if the Commissioner is not satisfied that the applicant is a fit and proper person to hold the licence or is not competent to carry on the security activity to which the licence relates.

(5) For the purposes of subsection (4), section 15 (6) and (7) apply to an application for renewal of a licence in the same way as they apply to an application for a licence.

(6) Without limiting section 18, the Commissioner may request an applicant for the renewal of a licence to demonstrate, in the manner required by the Commissioner and to the satisfaction of the Commissioner, continuing knowledge and competency in relation to the security activity authorised by the licence before renewal of the licence is granted.

(7) Without limiting section 21 (3), the Commissioner may grant an application for renewal of a licence on the condition that the applicant undertake and complete to the satisfaction of the Commissioner such approved training, assessment and instruction as may be required by the Commissioner to ensure the licensee has continuing knowledge and competency in relation to the security activity authorised by the licence.

(8) (Repealed)

(9) A licence may be renewed under this section on more than one occasion.

(10) Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for the renewal of a licence.

(1) On receiving an application for a licence or for the renewal of a licence, the Commissioner may carry out all such investigations and inquiries as the Commissioner considers necessary to enable the Commissioner to consider the application properly.

(2) To confirm the identity of an applicant for a licence, the Commissioner may require the applicant to do the following within the period specified by the Commissioner—

(b) permit an authorised officer to do one or more of the following—

(ii) take the applicant’s palm prints,

(iii) take a photograph of the applicant.

(3) If the applicant does not comply with the Commissioner’s requirement within the specified period, the application is taken to be withdrawn.

(4) Any fingerprint, palm print or photograph obtained in accordance with this section may be used by the Commissioner for any purpose as the Commissioner sees fit.

(5) A person who formerly held a licence, but is not currently a licensee, or who was an applicant for, but was never granted, a licence, may apply to the Commissioner to have the following destroyed—

(a) the person’s fingerprints or palm prints obtained in accordance with a requirement under subsection (2) and any copies of them,

(b) the person’s photograph obtained in accordance with a requirement under subsection (3) and any copies of it.

(6) The Commissioner may grant or refuse the application as the Commissioner sees fit.

(6A) A reference in this section to an applicant or a licensee includes, in the case of an application for a master licence, or in the case of a former licensee, a reference to each close associate of the applicant or former licensee.

(7) In this section, authorised officer means any of the following persons authorised in writing by the Commissioner as an authorised officer for the purposes of this section—

(b) a Public Service employee,

(c) any other person prescribed by the regulations.

s 18: Am 2002 No 107, Sch 1 [4]; 2005 No 63, Sch 1 [31]; 2006 No 94, Sch 3.32 [1]; 2012 No 49, Sch 1 [28]–[34]; 2017 No 16, Sch 1 [8]; 2022 No 52, Sch 1[21].

Any application for a licence made by any person who is, or who was at any time, a police officer or a member of the police force of any other jurisdiction (whether in Australia or overseas) must be referred to the Professional Standards Command of the NSW Police Force. That branch may seek further advice from the Law Enforcement Conduct Commission as to the suitability of the applicant to hold a licence or the suitability of the applicant being employed by any specified master licensee.

s 19: Am 2005 No 63, Sch 1 [32] [33] (am 2006 No 120, Sch 1.28 [2]; 2007 No 27, Sch 4.27) [34]; 2016 No 61, Sch 6.40 [2].

(1) The Commissioner may, by notice in writing, require a person who is an applicant for a licence or for the renewal of a licence or who, in the opinion of the Commissioner, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things—

(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,

(b) to produce, in accordance with directions in the notice, such records relevant to the investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,

(b1) in the case of an application for a class 1 licence by an applicant who has previously held a class 1 licence—to provide, in accordance with directions in the notice, statements from previous employers specifying the duration of the applicant’s employment and the security activities carried on by the applicant during the applicant’s employment (but only if that employment included time during the term of that previous licence),

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a), (b) or (b1),

(d) to furnish to the Commissioner such authorities and consents as the Commissioner directs for the purpose of enabling the Commissioner to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.

(2) If a requirement made under this section is not complied with, the Commissioner may refuse to consider the application concerned.

(3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

(4) The reasonable costs incurred by the Commissioner in investigating and inquiring into an application for a licence or for the renewal of a licence are payable to the Commissioner by the applicant, unless the Commissioner determines otherwise in a particular case.

(5) The Commissioner may require part or full payment in advance of the amount the Commissioner estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(6) Investigation and inquiry costs may include reasonable travelling expenses within or outside the State.

(7) It is a Tier 1 condition of any licence granted to the applicant that any amount payable under this section is paid.

(8) A certificate signed by the Commissioner (or by a person holding an office prescribed by the regulations) certifying the reasonable costs incurred by the Commissioner in investigating and inquiring into an application for a licence or for the renewal of a licence is admissible in any proceedings for the recovery of an amount payable under this section and is prima facie evidence of the amount so specified.

(1) The Commissioner may, after considering an application for the grant or renewal of a licence—

(b) refuse to grant a licence or to renew the licence.

(2) A licence confers no right of property and is incapable of being transferred, assigned or mortgaged, charged or otherwise encumbered.

(3) A licence is subject—

(a) to such conditions as may be imposed by the Commissioner (whether at the time the licence is granted or renewed or at any later time), and

(b) to such other conditions as are imposed by this Act or prescribed by the regulations.

(4) A condition imposed under this section is a Tier 2 condition unless a different tier for the condition is specified—

(b) by the regulations for a condition imposed by the regulations, or

(c) by the Commissioner for a condition imposed by the Commissioner.

s 21: Am 2002 No 107, Sch 1 [5]; 2005 No 63, Sch 1 [38]; 2005 No 98, Sch 1.21 [1] [2]. Subst 2012 No 49, Sch 1 [38]. Am 2014 No 88, Sch 1.25 [3] [4]; 2022 No 52, Sch 1[23].

(1) It is a Tier 2 condition of every class 1 or class 2 licence that the licensee undertake and complete, to the satisfaction of the Commissioner, such approved training, assessment and instruction as may be required by the Commissioner to ensure the licensee has continuing knowledge and competency in relation to the security activity authorised by the licence.

(2) Subsection (1) extends to licences granted before the commencement of this section.

(1) A licence is to be in any one or more approved forms.

(2) A licence must—

(b) specify the class (or subclass) of licence, and

(c) contain the number of the licence, and

(d) contain such other details as may be prescribed by the regulations.

(3) A class 1 or class 2 licence must contain—

(b) the signature of the licensee.

(4) The Commissioner may decide that a master licence must contain either or both of the following—

(a) a recent photograph of the licensee obtained in accordance with arrangements decided by the Commissioner,

(b) the signature of the licensee.

(5) (Repealed)

(1) It is a Tier 3 condition of every master licence that the licensee must not provide an ineligible person to carry on prescribed work.

(2) The licensee does not breach the condition if, after having made thorough inquiries, the licensee—

(b) could not reasonably have been expected to know.

(3) A person is an ineligible person if the person—

(b) has, in the previous 5 years, been refused a licence because the Commissioner—

(ii) considered the grant of the licence would be contrary to the public interest, or

(c) has, in the previous 5 years, had a licence revoked under section 26(1A) because the Commissioner was satisfied that a new licence would have been refused because the Commissioner—

(i) would not have been satisfied the person was a fit and proper person to hold the class of licence, or

(ii) would have considered the grant of the licence was contrary to the public interest.

(4) Subsection (3) does not apply to a refusal or revocation if—

(b) a licence is subsequently granted to the person.

(5) In this section—

(b) work in any area involving access to operational information relating to the licensee’s security business,

(c) work requiring the person to—

(i) roster or schedule the carrying on of any security activity by a person who holds a class 1 or class 2 licence, or

(ii) monitor the performance of a person who holds a class 1 or class 2 licence in carrying on a security activity

(1) It is a Tier 3 condition of every master licence that the master licensee must not provide persons to carry on a security activity with a dog except with the approval of the Commissioner.

(2) It is a Tier 3 condition of every master licence that the licensee must not indirectly provide persons to carry on a security activity through an arrangement with another person, including by contract, franchise or otherwise, unless the other person holds—

(b) a visitor permit authorising the holder to carry on security activities of a kind authorised by a master licence.

s 23: Am 2002 No 107, Sch 1 [6]; 2005 No 63, Sch 1 [39]; 2012 No 49, Sch 1 [41]; 2017 No 16, Sch 1 [10]. Subst 2022 No 52, Sch 1[26].

(1) It is a Tier 3 condition of every class 1F licence that the licensee must not carry on the security activity authorised by the licence unless the licensee is authorised by a licence or permit under the Firearms Act 1996 to possess or use a firearm.

(2) If the holder of a class 1F licence is found guilty of an offence under the Firearms Act 1996 in relation to the unauthorised possession or use of a firearm, the person cannot be found guilty of an offence under section 30 of this Act of failing to comply with the condition imposed by this section in respect of that unauthorised possession or use.

(1) It is a Tier 2 condition of every class 1F licence that, if the licensee is an armed security guard, the licensee must not carry a firearm unless the licensee is wearing a recognisable security guard’s uniform.

(2) It is a Tier 2 condition of every master licence that, if the master licensee employs a person as an armed security guard, the master licensee must not allow any firearm in the master licensee’s possession (including those firearms that have been acquired by the master licensee in connection with the master licensee’s business) to be carried by an armed security guard who is not wearing a recognisable security guard’s uniform.

(3) It is a Tier 2 condition of every master licence that, if the master licensee employs a person as an armed security guard, the master licensee must not allow any person employed by the master licensee to carry a firearm while carrying on security activities for the master licensee unless the person is an armed security guard who is wearing a recognisable security guard’s uniform.

(4) If a police officer discovers an armed security guard carrying a firearm while the armed security guard is not wearing a recognisable security guard’s uniform, the police officer may seize the firearm.

(5) If an armed security guard carries a firearm while the armed security guard is not wearing a recognisable security guard’s uniform, the Commissioner must—

(b) serve a notice on the master licensee who employs the armed security guard (or, if the security guard is self- employed and holds a master licence, serve a notice on the armed security guard as holder of a master licence), personally or by post—

(i) stating that the armed security guard’s class 1F licence has been suspended and the reasons for suspending it, and

(ii) requesting that the master licensee provide the Commissioner with reasons why the master licence should not be revoked.

(6) The Commissioner may, if the Commissioner is satisfied there is a genuine reason, authorise in writing a person employed as an armed security guard to carry a firearm while not wearing a recognisable security guard’s uniform.

(7) An authorisation under subsection (6) remains in force for such time as is specified in the authorisation unless it is sooner revoked by the Commissioner.

(8) The conditions set out in subsections (1)–(3) do not apply in relation to an armed security guard authorised under subsection (6), but only while the armed security guard is carrying the Commissioner’s written authorisation.

s 23A: Ins 2002 No 107, Sch 1 [7]. Am 2005 No 63, Sch 1 [41]; 2012 No 49, Sch 1 [43]; 2022 No 52, Sch 1[24].

(1) It is a Tier 3 condition of every class 1F licence that, if the licensee is an armed security guard, the licensee must not store a firearm at any prohibited premises.

(2) It is a Tier 3 condition of every master licence that, if the master licensee employs a person as an armed security guard, the master licensee must not cause or permit any firearm in the master licensee’s possession (including those firearms that have been acquired by the master licensee in connection with the master licensee’s business) to be stored at any prohibited premises.

(3) If a police officer discovers that a firearm is stored at prohibited premises, the police officer may seize the firearm.

(4) If an armed security guard stores a firearm at any prohibited premises, the Commissioner—

(b) must serve a notice on the master licensee who employs the armed security guard (or, if the security guard is self- employed and holds a master licence, serve a notice on the armed security guard as the holder of a master licence), personally or by post—

(i) stating that the armed security guard’s class 1F licence has been suspended and the reasons for suspending it, and

(ii) requesting that the master licensee provide the Commissioner with reasons why the master licence should not be revoked.

(5) In this section—

prohibited premises means any premises that are regularly used as a principal or temporary place of residence by a person who has been found guilty of a criminal offence, being an offence that would disqualify the person from holding a licence because of section 16 (1) (a) (if the person has been convicted) or section 16 (1) (b) (whether or not the person has been convicted).