Schedule 1Exempt
persons
(Clause 6)
1
Persons employed by Rail Corporation New South
Wales for the purpose of undertaking security activities (other than contract
security guards who are engaged to perform watch and guard duty at Rail
Corporation New South Wales properties), but only to the extent to which the
persons act in that capacity.
2
Authorised fire officers under the control of New
South Wales Fire Brigades or a local council or similar body, but only to the
extent to which the officers act in that capacity.
3
Persons employed in the Office of the Sheriff,
Attorney General’s Department, but only to the extent to which the
persons act in that capacity.
4
The Casino Control Authority, but only to the
extent to which it is exercising functions under section 141 (2) (i), (j) and
(k) of the Casino Control Act
1992.
5
Casino inspectors appointed under section 20 of
the Casino, Liquor and Gaming Control Authority Act
2007, but only to the extent to which the inspectors act
in that capacity.
6
Persons employed at a detention centre within the
meaning of the Children (Detention Centres) Act
1987, but only to the extent to which the persons act in
that capacity.
7
Persons who, in the course of their employment
with an employer (being an employer who is not conducting a business in the
security industry):
(a)
provide internal advice (but no other type of
security activity) in relation to security matters concerning the
employer’s business, including providing internal advice to a related
body corporate (within the meaning of the Corporations Act
2001 of the Commonwealth) of the employer, but only to the
extent to which the persons act in that capacity, or
(b)
install, maintain, repair or service internal
security equipment (but no other type of security activity) in connection with
the employer’s business, but only to the extent to which the persons act
in that capacity.
8
Licensees under the Liquor
Act 2007 and employees who perform activities relating to
the exclusion of persons from licensed premises as authorised by that Act
(other than any such employee who is employed for the purposes of carrying on
security activities), but only to the extent to which they act in that
capacity.
9
Persons who inspect, examine or scan tickets or
other documents (other than for the purpose of determining a person’s
age) relating to the entry or admission of persons to premises (whether
licensed or not), or who otherwise screen the entry of persons to premises,
for the purpose of a function, sporting or other event or entertainment, but
only to the extent to which the persons act in that capacity and do not
physically restrain or eject persons from, or prevent their entry to, such
premises.
10
Persons who are engaged in the building and
construction industry or who provide basic home maintenance services who, in
the course of their building activities or maintenance services, install basic
security equipment such as locks, but only to the extent to which the persons
provide those services.
11
Architects, engineers and other persons engaged
in the building and construction industry who, in the course of their
activities, provide incidental advice on basic security equipment, but only to
the extent to which the persons provide that advice.
12
Persons who are engaged in the selling of the
equipment, methods, principles or services referred to in section 4 (1) (e) of
the Act by means of making telephone calls to seek out persons who may be
prepared to enter, as consumers, into contracts for the supply of such
equipment, methods, principles or services, but only to the extent to which
the persons act in that capacity.
13
Persons who sell, by wholesale (other than
directly to the public) only, equipment referred to in section 4 (1) (e) of
the Act, but only to the extent to which the persons sell such
equipment.
14
Persons who are employed by or in any government
agency (whether of this State, of the Commonwealth or of another State or
Territory) that exercises functions in relation to national security, but only
to the extent to which the persons carry out national security duties in the
course of that employment.
15
Officers and employees of the Australian Security
Intelligence Organisation, but only to the extent to which the officers and
employees are exercising functions under the Australian Security Intelligence
Organisation Act 1979 of the
Commonwealth.
16
Persons who are employed in the Department of
Education and Training who perform control room or monitoring centre
operations solely on behalf of that Department, but only to the extent to
which the persons act in that capacity.
17
Persons who are employed in the State Transit
Authority Division of the Government Service for the purposes of revenue
protection activities, but only to the extent to which they carry out those
duties in the course of that employment.
18
Persons who are employed in the State Transit
Authority Division of the Government Service whose duties include observing,
watching and guarding, by electronic means, State Transit Authority
properties, but only to the extent to which the persons carry out those duties
in the course of that employment.
19
Persons who are employed in the State Transit
Authority Division of the Government Service or by Rail Corporation New South
Wales whose duties include providing training in and assessment of security
activities (other than persons engaged from external sources by those entities
to provide security training), but only to the extent to which the persons
carry out those duties in the course of that employment.
20
Persons who are employed in a security business
but who do not perform any security activities.
21
Persons employed in the Attorney General’s
Department whose duties include advising on crime prevention strategies or
community safety work, but only to the extent to which the persons carry out
those duties in the course of that employment.
22
Persons employed by or in a local council whose
duties include advising on crime prevention strategies or community safety
work, but only to the extent to which the persons carry out those duties in
the course of that employment.
23
Persons who are employed by or in a Commonwealth
government agency who provide security advice to a Commonwealth government
agency in connection with the functions of the agency by or in which they are
employed, but only to the extent to which the persons provide such
advice.
24
Persons who are engaged in the retail sale of the
equipment referred to in section 4 (1) (e) of the Act who provide advice in
relation to the equipment, being advice that is from the manufacturer of the
equipment (but who do not install or maintain the equipment), but only to the
extent to which the persons act in that capacity.
25
Persons who are employed in the retail industry
who, in the course of that employment, conduct customer bag checks (but only
bag checks that are carried out in accordance with guidelines sponsored by the
Australian Retailers Association (NSW) and endorsed by the Office of Fair
Trading, Department of Commerce), but only to the extent to which the persons
act in that capacity.
26
Apprentices or trainees (within the meaning of
the Apprenticeship and Traineeship Act 2001)
while carrying on security activities of a type that may be authorised under a
class 2 licence in the course of their apprenticeship or training with a
person who is the holder of a licence authorising that person to carry on
those security activities, but:
(a)
not if the apprentice or trainee concerned would
be refused a licence because of section 16 of the Act, and
(b)
only while the apprentice or trainee is directly
supervised by a holder of a licence authorising the holder to carry on those
security activities.
27
Persons who are employed by providers of domestic
air services or international air services (within the meaning of the Aviation
Transport Security Regulations 2005 of the Commonwealth)
and who conduct pre-flight searches of aircraft for security purposes, but
only to the extent to which the persons act in that
capacity.
28
Firearms dealers (within the meaning of the
Firearms Act 1996) and who sell
equipment referred to in section 4 (1) (e) of the Security Industry Act 1997 (being a safe
or vault for firearms), but only to the extent to which the dealers act in
that capacity.
sch 1: Am 2008 (523),
cl 2; 2009 (500), cl 3 (6); 2009 No 106, Sch 5.20 [1]–[3]; 2012 (536),
Sch 1 [45] [46].