An Act to amend the Security Industry Act 1997 to provide for private investigators to be licensed under that Act and to make consequential amendments to the Commercial Agents and Private Inquiry Agents Act 2004 and other Acts.
1 Name of Act
This Act is the Security Industry Amendment (Private Investigators) Act 2016.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Security Industry Act 1997 No 157
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):private investigator is defined in section 4.
[2] Section 4 Carrying on a “security activity”
Insert after section 4 (1) (c):(c1) acting as a private investigator or acting in a similar capacity,
[3] Section 4 (2)
Insert in alphabetical order: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.
[4] Section 12 Class 2 licences
Insert after section 12 (1) (d):(d1) class 2E—authorises the licensee to act as a private investigator or act in a similar capacity,
[5] Schedule 2 Savings and transitional provisions
Insert after clause 35:Part 9 Provisions consequent on enactment of Security Industry Amendment (Private Investigators) Act 201636 DefinitionsIn this Part:commencement day means the day on which this clause commences.existing licence means the following licences under the Commercial Agents and Private Inquiry Agents Act 2004:(a) master licence for surveillance of persons,(b) master licence for investigation of persons,(c) operator licence for surveillance of persons,(d) operator licence for investigation of persons.37 Saving of existing licences(1) Subject to the regulations, an existing licence that is in force immediately before the commencement day:(a) is taken to be a licence of the corresponding kind (as prescribed by the regulations) granted under this Act, and(b) continues, unless it is sooner surrendered by the holder or suspended or revoked under this Act, in force for the unexpired portion of its term, and(c) cannot be renewed.(2) The conditions to which an existing licence is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act and any such condition may be varied or revoked in accordance with this Act.38 Pending applications(1) An application for an existing licence that was made under the Commercial Agents and Private Inquiry Agents Act 2004 and that was not determined before the commencement day is taken to be an application for a licence of the corresponding kind (as determined under clause 37) under this Act and is to be dealt with accordingly subject to the other provisions of this clause.(2) The Commissioner may, in determining an application under this clause, treat the application as an application under section 27 of this Act for a variation to a licence if the Commissioner considers it appropriate to do so.(3) An application for an existing licence that would, because of this clause, become an application for a licence under this Act that is already held by the applicant is taken to be withdrawn by the applicant and any application fee paid is to be refunded.(4) Any fee paid under the Commercial Agents and Private Inquiry Agents Act 2004 in relation to the application for the existing licence is taken to have been paid towards the application that is taken to have been made under this Act and any difference between the fee paid and the appropriate fee required to be paid under this Act is to be addressed by requiring the applicant to pay the balance of any underpayment or refunding to the applicant the balance of any overpayment.39 Appeals and reviewsAny appeal made, or review commenced, in relation to an existing licence (or an application for an existing licence) that has not been determined before the commencement day is to be determined as if the amendments made to the Commercial Agents and Private Inquiry Agents Act 2004 by Schedule 2 to the Security Industry Amendment (Private Investigators) Act 2016 had not been made.40 Records including fingerprints and photographsAny records (including photographs and fingerprints) taken or kept by the Commissioner under, or for the purposes of, the Commercial Agents and Private Inquiry Agents Act 2004 may be kept and used by the Commissioner for the purposes of this Act or for any other purpose as the Commissioner sees fit.
Schedule 2 Amendment of Commercial Agents and Private Inquiry Agents Act 2004 No 70
[1] Long title
Omit “and private inquiry agents”.
[2] Section 1 Name of Act
Omit “and Private Inquiry Agents”.
[3] Section 3 Objects
Omit “and private inquiry agent” wherever occurring.
[4] Section 3 (a)
Omit “, repossession of goods, surveillance of persons and investigation of persons”.Insert instead “and repossession of goods”.
[5] Section 4 Definitions
Omit “or private inquiry agent activities” from paragraph (b) of the definition of disqualified individual in section 4 (1).
[6] Section 4 (1)
Omit the definitions of investigation of persons, private inquiry agent, private inquiry agent activity and surveillance of persons.
[7] Part 2, heading
Omit “and private inquiry”. Insert instead “agent”.
[8] Sections 5 (1), 11 (1), 24 (1) and 26
Omit “or private inquiry agent activity” wherever occurring.
[9] Sections 6 (1) (d) and (e) and 12 (1) (d) and (e)
Omit the paragraphs.
[10] Section 25 Harassment
Omit “or private inquiry agent” where firstly occurring in section 25 (1) (a).
[11] Section 25 (1) (a)
Omit “or private inquiry agent activities”.
[12] Section 25 (1) (b)
Omit “or private inquiry agent”.
[13] Section 39 Regulations
Omit “and private inquiry agent activities” wherever occurring in section 39 (2) (a) and (b).
Schedule 3 Amendment of other Acts
Schedule 5 Occupational Division
Omit “Commercial Agents and Private Inquiry Agents Act 2004” from clause 4 (1).Insert instead “Commercial Agents Act 2004”.
Section 27 Prohibition on carrying on of certain activities when interim control order or control order takes effect
Omit paragraph (d) of the definition of prescribed activity in section 27 (6). Insert instead:(d) carrying on business as a commercial agent within the meaning of the Commercial Agents Act 2004,
Schedule 1 Statutory provisions under which penalty notices issued
Insert instead “Commercial Agents Act 2004”.
Schedule 2 Search warrants under other Acts
Insert instead “Commercial Agents Act 2004”.
Schedule 1 Licences to which Part 2 of Act applies
Omit the matter relating to the Commercial Agents and Private Inquiry Agents Act 2004.Insert instead:Commercial Agents Act 2004section 6 (1) (a), master licence for process servingsection 6 (1) (b), master licence for debt collectionsection 6 (1) (c), master licence for repossession of goodssection 12 (1) (a), operator licence for process servingsection 12 (1) (b), operator licence for debt collectionsection 12 (1) (c), operator licence for repossession of goods
Sections 55 (d), 56 (1) (a) (iv) and 57 (1) (d) (ii)
Omit “Commercial Agents and Private Inquiry Agents Act 2004” wherever occurring.Insert instead “Commercial Agents Act 2004”.
Section 14 Process serving
Insert instead “Commercial Agents Act 2004”.