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This Regulation is the Security Industry Regulation 2016.
This Regulation commences on 1 September 2016.Note—This Regulation replaces the Security Industry Regulation 2007, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.
(1) In this Regulation—acts as a private investigator, for Schedule 1, includes acts in a similar capacity to a private investigator.Australian Business Number means an ABN (Australian Business Number) within the meaning of section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.qualified accountant means—(a) a Certified Practising Accountant member of CPA Australia, New South Wales Division, or(b) a member of Chartered Accountants Australia and New Zealand, New South Wales Branch, who holds a Certificate of Public Practice issued by that organisation, or(c) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by the Institute.Security Licensing and Enforcement Directorate means the Security Licensing and Enforcement Directorate within the NSW Police Force.the Act means the Security Industry Act 1997.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
For the purposes of the definition of security equipment in section 3 (1) of the Act, the following types of device or equipment are declared not to be security equipment—(a) any vehicle immobiliser, or similar electronic device, that interrupts the power supply to the fuel pump, starter motor or ignition of a vehicle to prevent the vehicle’s engine from starting,(b) any road vehicle alarms or sounding devices that comply with clause 2.3.2 (b) of AS/NZS 4601:1999, Vehicle immobilizers,(c) any intruder alarm systems for road vehicles that comply with AS/NZS 3749.1:2003, Intruder alarm systems—Road vehicles, Part 1: Performance requirements.
For the purposes of section 4 (1) (p) of the Act, the following activities are prescribed—(a) the carrying on of an activity, other than an activity of an approved class, that involves the manipulation (for example, unlocking) of security equipment otherwise than by ordinary means (the relevant licence being a class 2C licence),(b) the carrying on of any other locksmithing activity (the relevant licence being a class 2C licence),(c) the carrying on of the activity of offering to sell, install, maintain, repair and service, and provide advice in relation to, security equipment (the relevant licence being a class 2C licence).
For the Act, section 4(1A), the conduct of health screening, including health screening conducted as a condition of entry to a venue, is not a security activity.
For the purposes of section 4 (2) of the Act, basic household or automotive security item means any of the following—(a) an item ordinarily used for basic household security and capable of being installed by the owner or occupier, including doors and grilles, door and window locks, padlocks, portable safes weighing not more than 50 kilograms or other electronic or mechanical security items (other than items that are ordinarily installed, maintained or serviced by or on behalf of the supplier of the item),(b) an item designed to minimise the possibility of motor vehicle theft, including a vehicle immobiliser, vehicle alarm or GPS tracking device,(c) any other item approved by the Commissioner.
(1) The Commissioner may grant an application for an exemption from the requirement to hold a class 2A security licence (Security Consultant) if the Commissioner is satisfied that the applicant—(a) is a person the Commissioner must refuse to grant a licence to under the Act, section 15(1)(d), and(b) has specialised skills or experience not readily available in Australia.(2) The Commissioner may charge a fee of $1,000 for an application referred to in this clause.
An application for a licence, or for renewal of a licence, that is lodged by post must be sent to the following address—Security Licensing and Enforcement Directorate
NSW Police Force
Locked Bag 5099
Parramatta NSW 2124
For the purposes of section 9 (2) of the Act, a class 1 or class 2 licence of any subclass may be combined with a class 1 or class 2 licence of any other subclass or subclasses into a composite licence, but only if the relevant licensee is entitled to hold the other subclass or subclasses of licence.
For the purposes of section 24 (1) of the Act, the period of 1 year is prescribed for a master licence, class 1 or class 2 licence, but only if the applicant for the licence applies for a licence that will be in force for that period.
(1) For the purposes of sections 14 (2) (a) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for licences are specified in Part 1 of Schedule 2.(2) In addition to any fee payable under subclause (1), an application for a licence is to be accompanied by a fingerprinting and palm printing fee of $40 if the applicant has not had his or her fingerprints or palm prints, or both, taken before in relation to a licence under the Act.(3) For the purposes of sections 17 (2) (c) and 48 (2) (i) of the Act, the prescribed fees in relation to applications for renewals of licence are specified in Part 2 of Schedule 2.(4) For the purposes of section 17 (3) of the Act, the prescribed late fees are specified in Part 3 of Schedule 2.(5) The fee (other than so much of it as is the processing component of the fee) that is paid under subclause (1) or (3) in connection with an application that is withdrawn or refused is to be refunded to the applicant.(6) In this clause—processing component of a fee, in relation to an application for a licence or renewal of licence, means the component of the fee prescribed by subclause (1) or (3) in respect of the application that is specified in Part 1 or 2 of Schedule 2 opposite that relevant fee as the processing component of the fee.
(1) Class 1 and class 2 licences For the purposes of section 14 (2) (b) of the Act, an application for a class 1 or class 2 licence must be supported by and (subject to subclause (2)) include the following information—(a) the applicant’s name, date and place of birth and residential address,(b) information satisfying the Commissioner that the applicant is an Australian citizen or resident,(c) the security activities that the applicant proposes to carry on under the licence,(d) evidence of the applicant’s competencies and experience referred to in the Act, section 15(1)(f)(ii),(e) evidence of the applicant’s completion of the requisite training, assessment and instruction for the class of licence sought referred to in the Act, section 15(1)(f)(iii),(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,(g) evidence satisfying the Commissioner of the applicant’s identity.(2) The information referred to in subclause (1) (d) and (e) may be included in the application or lodged separately (in accordance with clause 8, if by post) within 42 days after the application is lodged.(3) Master licences—individuals For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by an individual must include the following information—(a) the name, date and place of birth and residential address of—(i) the applicant, and(ii) each of the applicant’s close associates (if applicable),(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,(c) information satisfying the Commissioner that the applicant is an Australian citizen or resident,(d) the applicant’s business address,(e) (Repealed)(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,(g) particulars of each firearms licence held by the applicant that relates to any proposed security activities,(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),(i) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).(4) Master licences—corporations For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by a corporation (other than a government agency or public authority) must include the following information—(a) the name of the applicant,(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,(c) the nominated person for the licence, being an individual who is—(i) an Australian citizen or resident, and(ii) a close associate of the applicant, and(iii) involved in the day-to-day conduct of the applicant’s security activities,(d) the name, date and place of birth and residential address of each of the applicant’s close associates,(e) the address of the applicant’s registered office and, if that address is not the address of its principal place of business, the address of its principal place of business,(f) (Repealed)(g) if the application is for the variation of a licence—the number and expiry date of the existing licence,(h) particulars of each firearms licence held by the applicant that relates to any proposed security activities,(i) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),(j) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).(5) Master licences—government agencies or public authorities For the purposes of section 14 (2) (b) of the Act, an application for a master licence that is made by a government agency or a public authority must include the following information—(a) the name of the applicant,(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business in connection with the security activities to be authorised by the licence,(c) the name, date and place of birth and residential address of the nominated person for the licence, being an individual who is—(i) an Australian citizen or resident, and(ii) involved in the day-to-day conduct of the applicant’s security activities,(d) the address of the head office of the applicant,(e) (Repealed)(f) if the application is for the variation of a licence—the number and expiry date of the existing licence,(g) particulars of each firearms licence held by the applicant that relates to any proposed security activities,(h) particulars relating to each employee of the applicant who is authorised to possess or use a firearm in the course of his or her employment (including the number of the employee’s firearms licence),(i) evidence that the applicant has obtained public liability insurance as required by clause 31 (if applicable to the applicant).(6) The Commissioner may refuse to grant an application for a licence if the applicant does not provide such other information and particulars as the Commissioner may require in respect of the application.(7) In this clause—Australian citizen or resident means—(a) for subclause (1)(b)—(i) an Australian citizen, or(ii) a permanent Australian resident, or(iii) a person who holds a visa of a type specified in the Act, section 15(1)(d), or(b) otherwise—(i) an Australian citizen, or(ii) a permanent Australian resident, or(iii) a person who holds a visa of a type specified in the Act, section 15(1)(d)(ii).
(1) Mandatory grounds for refusal—individual For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a master licence if the applicant, or a close associate of the applicant—(a) at any time in the 3 years immediately preceding the application for the licence was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, unless the Commissioner is satisfied that the person took all reasonable steps to avoid the bankruptcy, or(b) at any time in the 3 years immediately preceding the application for the licence was concerned in the management of a corporation when the corporation was the subject of a winding up order or when a controller or administrator was appointed, unless—(i) the winding up of the corporation was by way of a member’s voluntary winding up, or(ii) the Commissioner is satisfied that the person took all reasonable steps to avoid the liquidation or administration.(2) In determining the reasonable steps that could be taken by a person to avoid bankruptcy, liquidation or administration, the Commissioner is to have regard to the steps that could have been taken by the person at the time that the financial difficulties leading to the bankruptcy, liquidation or administration arose.(3) Mandatory grounds for refusal—corporation For the purposes of section 15 (4) of the Act, the Commissioner must refuse to grant an application for a master licence if the applicant—(a) is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, or(b) at any time in the 3 years immediately preceding the application for the licence, was a corporation the subject of a winding up order or for which a controller or administrator was appointed.(4) Discretionary grounds for refusal For the purposes of section 15 (4) of the Act, the Commissioner may refuse to grant an application for a licence if the applicant, or a close associate of the applicant, has within the period of 3 years before the application for the licence was made, contravened any provision of the Act or the regulations under the Act, whether or not the applicant or close associate of the applicant has been convicted of an offence in relation to the contravention.(5) Discretionary grounds for refusal—master licence For the purposes of section 15 (4) of the Act, the Commissioner may refuse to grant an application for a master licence if the applicant, or a close associate of the applicant, has, within the period of 3 years before the application for the licence was made, been found guilty of an offence under Chapter 4 of the Australian Consumer Law that relates to a contravention of section 29, 31, 33, 34, 36 or 50 of that Law.
A reference to an applicant in the Act, section 15(1)(d) and (f)(ii)–(iv) does not include a reference to a close associate of the applicant.
(1) Prescribed offences: section 16 (1) (a) and (b) For the purposes of section 16 (1) (a) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales—(a) Offences relating to firearms or weaponsAn offence relating to the possession or use of a firearm, or any other weapon, committed under—(i) the law of any Australian jurisdiction, orand being an offence that would (had the offence been committed under the law of an Australian jurisdiction) disqualify the person concerned from holding a licence under the Firearms Act 1996.(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),(b) Offences relating to prohibited drugs etcAn offence in respect of a psychoactive substance, prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008, committed under—(i) the law of any Australian jurisdiction, or(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).(c) Offences involving assaultAn offence under the law of any Australian or overseas jurisdiction involving assault of any description, being an offence in respect of which the penalty imposed includes any term of imprisonment (whether or not suspended), an intensive correction order, a community correction order, a conditional release order, a good behaviour bond, a community service order or a penalty of $200 or more.(d) Offences involving fraud, dishonesty or stealingAn offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the maximum penalty is (had the offence been committed under the law of an Australian jurisdiction) imprisonment for 3 months or more.(e) Offences involving robberyAn offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).(f) Offences relating to industrial relations mattersIn the case of an application for a master licence or for the renewal of a master licence only, an offence under the Industrial Relations Act 1996 or under any similar law of any other Australian jurisdiction or the Fair Work Act 2009 of the Commonwealth, but only if a total of at least 5 such offences have been committed by the applicant during any period of 2 years.(g) Offences relating to riotAn offence under section 93B of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.(h) Offences relating to affrayAn offence under section 93C of the Crimes Act 1900 or any similar offence under the law of another jurisdiction.(i) Offences involving stalking or intimidationAn offence under the law of any Australian or overseas jurisdiction involving stalking or intimidation.(j) Offences relating to reckless conduct causing death at workplaceAn offence under section 31 of the Work Health and Safety Act 2011 or any similar offence under the law of another jurisdiction.(k) Offences relating to terrorismAn offence relating to terrorism, being—(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).(l) Offences involving organised criminal groups and recruitmentAn offence under section 93T or 351A of the Crimes Act 1900.(1A) Prescribed offences: section 16 (1) (b) For the purposes of section 16 (1) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales—(a) an offence referred to in subclause (1) (a), (b) or (d)–(l),(b) an offence under the law of any Australian or overseas jurisdiction involving assault of any description, being an offence that, in the opinion of the Commissioner, is a serious assault offence.(1B) Offences affecting private investigators only For the Act, section 16(1)(a) and (b), the following offences are prescribed offences, whether or not committed in New South Wales, only in relation to a class 2E licence—(a) an offence under the Surveillance Devices Act 2007, Part 2, or a similar offence under the law of another Australian jurisdiction,(b) an offence under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.(2) Prescribed civil penalties: section 16 (1) (c) For the purposes of section 16 (1) (c) of the Act, each relevant civil penalty is prescribed, but only in the case of an application for a master licence or for the renewal of a master licence and only if a total of at least 5 such penalties (whether of the same or a different kind) have been imposed during any period of 2 years.(3) In this clause—relevant civil penalty means each of the following—(a) a civil penalty imposed under section 357 of the Industrial Relations Act 1996,(b) a pecuniary penalty imposed under section 224 of the Australian Consumer Law that relates to a contravention of section 18, 20, 21, 29, 31, 33, 34, 36 or 50 of that Law,(c) a pecuniary penalty imposed under section 546 of the Fair Work Act 2009 of the Commonwealth that relates to a contravention of that Act.
A licensee may voluntarily surrender a licence by delivering to the Commissioner, a police officer or other approved person the licence together with a notice in writing indicating the person’s intention to cease to be a licensee.
For the purposes of section 31 of the Act, a licence that is suspended or revoked must be immediately surrendered as follows—(a) if a notice of suspension or revocation is sent to the person to whom the licence was granted—the person must, on receiving that notice, deliver the licence to a police officer or other approved person,(b) if no such notice is sent to the person but the person is otherwise directed by a police officer or other approved person to hand over the licence—the person must hand over the licence in accordance with that direction.
It is a Tier 1 condition of a licence that the holder of the licence must notify the Commissioner electronically, by post or in any other approved manner of a change in any of the particulars in respect of a licence (including any change of address by the licensee), and of the appropriate new particulars, within 14 days of the change occurring.Note—Clause 30 requires the holder of a master licence to notify the Commissioner of a change in the particulars relating to a close associates of the licence holder.
(1) A licensee must, within 7 days after becoming aware that the licence has been lost, stolen, destroyed, defaced or mutilated or become illegible, notify the Commissioner of that occurrence.Maximum penalty—(a) in the case of a corporation—40 penalty units, or(b) in the case of an individual—10 penalty units.(2) For the purposes of this clause, the Commissioner is taken to have been notified of the occurrence if—(a) oral notice of the occurrence has been given, either in person or by telephone, to a police officer at a police station or to the Police Assistance Line (131 444) and a Computerised Operational Policing System Event reference number has been issued to the licensee, or(b) notice of the occurrence has been given in any other manner approved by the Commissioner.
(1) The Commissioner may, on being satisfied that a licence has been lost, stolen, destroyed, defaced or mutilated or become illegible, and on payment of the fee of $65, issue a replacement licence.(2) An application for a replacement licence may be made by lodging an application in the approved form (or in such other manner as may be approved) with the Security Licensing and Enforcement Directorate.
(1) The Commissioner may, on the application of the holder of a master licence, vary the subclass of that licence (the old subclass) to another subclass (the new subclass).(2) If the fees payable under clause 11 in respect of the new subclass are higher than those payable under that clause in respect of the old subclass, the fee payable on an application under subclause (1) is the difference between those fees.(3) A master licence that has been varied under this clause remains in force only for the term of that licence, unless sooner surrendered or revoked or otherwise ceases to be in force.
An application under section 27 of the Act for the variation of a class 1 or class 2 licence must be accompanied by a fee of $80.
An application to amend the information relating to a licence (not being an application to vary a licence) must be accompanied by a fee of $65.
(1) For the purposes of section 21 (3) (b) of the Act, it is a Tier 2 condition of a licence that the licensee must, at the Commissioner’s request, consent to having his or her fingerprints or palm prints, or both, taken by an authorised officer (within the meaning of section 18 of the Act) in order to confirm the licensee’s identity.(2) Any fingerprint or palm print obtained in accordance with this clause may be used by the Commissioner for any purpose the Commissioner sees fit.(3) A person who formerly held a licence, but is not currently a licensee, may apply to the Commissioner to have his or her fingerprints or palm prints, or both, and any copies of them destroyed.(4) The Commissioner may grant or refuse the application as the Commissioner sees fit.
(1) For the purposes of section 26 (1) (d) of the Act, a licence may be revoked if the Commissioner considers that it would be contrary to the public interest for the person to whom it is granted to continue to hold it.(2) For the purpose of determining whether it would be contrary to the public interest for a person to continue to hold a licence, the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the person that—(a) is relevant to the activities carried on under the class of licence held by the person, or(b) causes the Commissioner to conclude that improper conduct is likely to occur if the person continues to hold the licence, or(c) causes the Commissioner not to have confidence that improper conduct will not occur if the person continues to hold the licence.(3) The Commissioner is not, under the Act or any other Act or law, required to give any reasons for revoking a licence if the giving of those reasons would disclose the existence or content of any criminal intelligence report or other criminal information referred to in subclause (2).
For the purposes of section 40 (1) (c) of the Act, the relevant civil penalties (within the meaning of clause 15) are prescribed.
It is a Tier 1 condition of a master licence that the licensee must conspicuously display a copy of the master licence at the principal place of business of the licensee.
(1) It is a Tier 1 condition of a master licence that a licensee conducting a business in the security industry must display the number of the master licence (in accordance with subclause (2)) on any sign on any of the licensee’s business premises, on any other premises or on any vehicle or vessel that also displays the name under which the business is carried on, or any logo or other symbol representing the business or any words indicating that the premises, vehicle or vessel are used in connection with any security activity authorised by the master licence.(2) The number of the master licence must be displayed as follows—(a) “Master Lic.”, “Lic. No”, “M/L” or other approved abbreviation must be followed by the licence number,(b) the letters and numbers must be in sans serif font or otherwise must be clearly legible and must be a minimum height of—(i) for signage on premises—30 mm, or(ii) for signage in or on vehicles—15 mm.
(1) It is a Tier 1 condition of a master licence that the licensee must, in any advertisement relating to the employment of persons to perform security activities as employees of the master licensee, include the master licensee’s business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) or proper name and number of the master licence.(2) In this clause—proper name means—(a) in relation to an individual—(i) the individual’s full name, or(ii) the individual’s family name, together with the initials or abbreviations of one or more of the individual’s given names, and(b) in relation to a corporation—the corporation’s corporate name.
(1) It is a Tier 2 condition of a master licence that the licensee must notify the Commissioner electronically, by post or in any other approved manner of—(a) any change in the particulars relating to close associates included in an application under clause 12 (3) (a) (ii) or (4) (d), and(b) the name, date and place of birth and residential address of any person who subsequently becomes a close associate of the licensee.(2) The notification must be made within 14 days after the change occurs or the person becomes a close associate.
If the holder of a master licence provides persons to carry on security activities involving the possession or use of firearms or the use of horses or dogs, it is a Tier 2 condition of the master licence that the licensee must obtain and maintain (in an approved form) public liability insurance cover totalling at least $10,000,000.
(1) It is a Tier 2 condition of a master licence that the licensee must keep the following records in a manner and form approved by the Commissioner—(a) the full name, licence number and subclass of each class 1 or class 2 licensee provided by the holder of the master licence,(b) the expiry date of the licence held by each class 1 or class 2 licensee provided by the holder of the master licence,(c) in relation to each occasion on which the holder of the master licence is engaged to carry on security activities to be performed by a class 1 or class 2 licensee provided by the holder of the master licence—(i) the name and address of the person engaging the master licensee to carry on those security activities, and(ii) the address of the location at which the security activities are carried on, and(iii) the date on and time at which the security activities are carried on, and(iv) details of the security activities carried on, and(v) the name of, and the number of the licence held by, the class 1 or class 2 licensee who carried on the security activities,(d) details of any contract or agreement to carry on security activities required by the Commissioner by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate,(e) the registration number of any vehicle used in connection with the carrying on of security activities.(2) If the holder of a master licence provides any person to perform a mobile patrol service, it is a Tier 2 condition of the licence that the holder of the licence must ensure that—(a) a record of each patrol visit is kept in a manner and form approved by the Commissioner, and(b) such a record contains details of the name and licence number of the licensee who undertook the patrol visit.(3) Each record required to be kept under this clause must be kept for at least 3 years.
It is a Tier 1 condition of a master licence that the holder of the licence keep a copy of the licence—(a) at any place of business at which the holder of the master licence’s records are kept other than the holder’s principal place of business, and(b) at any premises at which the holder provides class 1 licensees to carry on security activities on a recurrent basis (other than mobile patrol and cash in transit security activities), and(c) at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry on security activities (other than mobile patrol and cash in transit security activities).
(1) If the holder of a master licence provides a class 1 licensee to carry on a security activity, it is a Tier 2 condition of the master licence that holder must keep a register (an incident register) in a manner and form approved by the Commissioner containing particulars of any of the following incidents that occur while the class 1 licensee is carrying on a security activity—(a) in relation to a class 1A, 1B, 1C, 1D or 1F licensee—the licensee makes forcible physical contact with, or physically restrains, a person,(b) in relation to a class 1A licensee—the licensee ejects a person from, or directs a person to leave, the place at which the security activity is being carried on,(c) in relation to a class 1D licensee—the licensee’s dog attacks a person,(d) in relation to a class 1F licensee—the licensee removes a firearm from his or her holster (unless the removal is for the purposes of unloading ammunition or for the maintenance of the firearm),(e) in relation to a class 1F licensee—the licensee discharges a firearm (unless the firearm is discharged in the course of training, assessment or instruction),(f) any other type of incident required by the Commissioner to be recorded in the incident register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate.(2) The holder of the master licence must record or cause to be recorded the particulars of any incident as soon as practicable after the incident occurs and before any class 1 licensee involved in the incident completes the shift during which the incident occurred.(3) The incident register must be kept—(a) at any premises at which the holder provides class 1 licensees to carry on security activities on a recurrent basis (other than mobile patrol and cash in transit security activities), and(b) in the case of mobile patrol and cash in transit security activities and other security activities which are not carried on at particular premises on a recurrent basis—at the place of business at which the holder of the master licence’s records are kept, and(c) at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry on security activities (other than mobile patrol and cash in transit security activities).(4) It is a Tier 2 condition of a master licence that, if a class 1F licensee employed by the holder of the master licence discharges a firearm, the holder must, within 24 hours after the discharge, give the Firearms Registry of the NSW Police Force written notice of the particulars of the incident as recorded in the incident register under this clause.(5) Each record of an incident required to be recorded in the incident register under this clause must be kept in the incident register for at least 3 years.(6) The requirement to keep a register under this clause is in addition to the requirement under clause 32 to keep records.
(1) If the holder of a master licence provides class 1 licensees to carry on security activities at particular premises on a recurrent basis (other than mobile patrol and cash in transit security activities), it is a Tier 2 condition of the master licence that the holder must keep a register (a sign-on register) in a manner and form approved by the Commissioner in which each provided class 1 licensee who carries on security activities at those premises is able to record—(a) the class 1 licensee’s name, signature and licence number, and(b) the time at which the class 1 licensee commenced carrying on security activities on that day, and(c) the time (whether on the same day or the following day) at which that class 1 licensee ceased carrying on the security activities, and(d) any other particulars the Commissioner requires the holder of the master licence to record in the sign-on register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate.(2) If the holder of a master licence provides 3 or more class 1 licensees at any one time to carry on security activities at particular premises (other than mobile patrol and cash in transit security activities), it is a Tier 2 condition of the master licence that the holder must keep a sign-on register in a manner and form approved by the Commissioner that records, for each day on which the provided class 1 licensees carry on security activities at those premises, the particulars referred to in subclause (1) (a)–(d).(3) If the holder of a class 1 licence (the relevant person) is provided by a master licensee to carry on security activities (other than mobile patrol and cash in transit security activities)—(a) at particular premises at which the master licensee provides holders of class 1 licences to carry on security activities on a recurrent basis, orit is a Tier 2 condition of the licence held by the relevant person that, on each day the relevant person carries on security activities at those premises, he or she completes in the approved manner the sign-on register kept by the master licensee at those premises before commencing, and immediately following ceasing, the carrying on of security activities.(b) at particular premises at which the master licensee provides 3 or more class 1 licensees at any one time to carry on security activities,(4) If the holder of a master licence is required to keep a sign-on register at particular premises, it is a Tier 2 condition of the holder’s licence that the holder must take reasonable steps to ensure that each provided class 1 licensee who carries on security activities at those premises completes, in the approved manner, the sign-on register at those premises.
(1) Armoured vehicles If the holder of a master licence provides persons to carry on security activities involving the protection of cash in transit, it is a Tier 3 condition of the master licence that any armoured vehicle used in connection with those activities must include, or be equipped with, the following features—(a) permanent company signage or markings,(b) ballistic protection to the crew members of the vehicle with G2 (or equivalent) rated body and glazing materials within the meaning of the Australian and New Zealand Standard AS/NZS 2343:1997, Bullet-resistant panels and elements,(c) a back-to-base radio with override button for use in an emergency,(d) an alternative method of communication to the back-to-base radio that is operable in radio reception black spots,(e) a hands-free mobile telephone,(f) in relation to an armoured vehicle operated only by a 2-person crew where both crew members exit the vehicle to deliver cash—the following features—(i) a remotely activated central locking system, or a method of preventing unauthorised entry into the vehicle,(ii) one or more engine immobilisers designed to prevent unauthorised ignition of the vehicle,(iii) a Global Positioning System that allows the vehicle to be remotely tracked,(iv) portable back-to-base duress alarms for the crew,(v) a system of secure partitioning that allows the crew to enter and exit the vehicle without exposing the crew and that restricts access to the vehicle’s cargo by persons other than the crew.(2) Other vehicles If the holder of a master licence provides persons to carry on security activities involving the protection of cash in transit, it is a Tier 3 condition of the master licence that any vehicle (other than an armoured vehicle) used in connection with those activities must include, or be equipped with, the following features—(a) permanent company signage or markings,(b) a drop safe, secure container or other similar device used to ensure that the cash in transit is secure,(c) a back-to-base radio with override button for use in an emergency,(d) an alternative method of communication to the back-to-base radio that is operable in radio reception black spots,(e) a hands-free mobile telephone,(f) a remotely activated central locking system, or a method of preventing unauthorised entry into the vehicle,(g) one or more engine immobilisers designed to prevent unauthorised ignition of the vehicle,(h) a Global Positioning System that allows the vehicle to be remotely tracked,(i) portable back-to-base duress alarms for the crew.(3) The Commissioner may, on application by a master licensee, authorise in writing a vehicle that does not include permanent company signage or markings in accordance with subclause (2) (a) to be a vehicle that may be used in the protection of cash in transit.(4) An authorisation under subclause (3) remains in force for such time as is specified in the authorisation unless sooner revoked by the Commissioner.
For the purposes of section 39D (2) of the Act, the prescribed fee to accompany an application for a visitor permit is as follows—(a) if the applicant is an individual—$40,(b) if the applicant is a corporation—$150 for each day or part of a day within the period of a proposed special event for which the visitor permit is sought.
(1) Visitor permit—individuals For the purposes of section 39D (2) of the Act, an application for a visitor permit that is made by an individual must include the following information—(a) the applicant’s name and residential address,(b) the applicant’s date of birth,(c) particulars of the licence or other authority in the applicant’s State or Territory of residence authorising the applicant to carry on the activity or activities of the kind proposed to be authorised by the visitor permit,(d) the day or days on which the applicant proposes to carry on security activities under the visitor permit.(2) Visitor permit—corporations For the purposes of section 39D (2) of the Act, an application for a visitor permit that is made by a corporation must include the following information—(a) the name of the applicant,(b) the applicant’s Australian Business Number and each business name (within the meaning of the Business Names Registration Act 2011 of the Commonwealth) under which the applicant carries on business,(c) the address of the applicant’s registered office and, if that address is not the address of its principal place of business, the address of its principal place of business,(d) the security activities in respect of which the applicant proposes to carry on business under the visitor permit,(e) particulars of the licence or other authority of the other State or Territory authorising the corporation to carry on the activity or activities of the kind proposed to be authorised by the visitor permit,(f) the day or days on which the applicant proposes to carry on security activities under the visitor permit.
For the purposes of section 40A (2) of the Act, the prescribed fee to accompany an application for a temporary excess provision of services permit is $150 for each specified day, or each day within a specified period, for which authorisation to provide more persons than the number authorised by a master licence is sought by the applicant.
(1) The Commissioner may determine—(a) the character and design of uniforms to be worn in connection with the carrying on of security activities (including in connection with carrying on specified security activities), and(b) the markings that may be made on, and the design of any specified features of, vehicles used in connection with the carrying on of security activities.(2) Any such determination is to provide that the relevant uniforms and vehicles cannot resemble the uniforms of police officers or the marked vehicles of the NSW Police Force.(3) A determination is to be published in the Gazette by the Commissioner and takes effect on the day it is so published or on a later day specified in the determination for that purpose.(4) A determination may be varied or revoked by a further determination of the Commissioner.(5) If a determination provides for the wearing of a uniform in connection with the carrying on of a security activity, a person must, in the course of carrying on that activity, wear a uniform that complies with the determination for that activity.Maximum penalty—10 penalty units.(6) If a determination provides for the wearing of a uniform in connection with the carrying on of a security activity, the employer of a person who is carrying on that activity must ensure that the person, in the course of carrying on that activity, wears a uniform that complies with the determination for that activity.Maximum penalty—(a) for a corporation—100 penalty units, or(b) for an individual—50 penalty units.(7) The Commissioner may, by notice in writing to a person or to the employer of a person, advise—(a) that the character or design of the uniform worn by the person, by reason of some feature specified in the notice, does not accord with the relevant determination, or(b) that the vehicle used by the person, by reason of some marking or feature specified in the notice, does not accord with the relevant determination.(8) A person to whom any such advice has been notified in relation to a uniform or vehicle must not wear the uniform or use the vehicle, or permit the person’s employees to do so, until the feature or marking that does not accord with the relevant determination has been corrected or removed.Maximum penalty—(a) for a corporation—200 penalty units, or(b) for an individual—100 penalty units.
(1) A person who deliberately or recklessly destroys, edits, alters, erases or otherwise interferes with any security recording that relates to any incident involving a licensee performing his or her duties that would likely lead to criminal or disciplinary proceedings against that licensee is guilty of an offence.Maximum penalty—100 penalty units.(2) A person does not commit an offence under this clause if the person destroys, edits, alters, erases or otherwise interferes with a security recording after any criminal or disciplinary proceedings relating to the recording have been finalised.(3) In this clause, security recording means security, surveillance, closed circuit television or digital recording or footage.
A person must not impersonate, or falsely represent that the person is, a licensee.Maximum penalty—250 penalty units.
(1) A list of persons or organisations approved from time to time by the Commissioner for the purposes of section 27A of the Act is to be published on the website maintained by the Security Licensing and Enforcement Directorate.(2) The Commissioner is to give notice in writing to any person or organisation removed from the list of approved persons or organisations as soon as practicable after the person or organisation is removed.
(1) The Commissioner is to maintain a register of licences issued under the Act and is to enter and keep in the register the following particulars in relation to each licence—(a) the name, and Australian Business Number (if any), of the person to whom the licence is issued,(b) the nominated person for the licence (if any), as referred to in clause 12 (4) (c) and (5) (c),(c) the number of the licence,(d) the class or subclass of the licence,(e) the date of expiry of the licence,(f) the current status of the licence,(g) any other particulars that the Commissioner considers appropriate.(2) The Commissioner is to cause the information contained in the register to be available to the public on a NSW Government website.(3) The Commissioner may determine the manner and form in which the information is to be available under this clause.(4) The Commissioner may cause any error in or omission from the register to be corrected.
(1) For the purposes of section 45A of the Act—(a) each offence created by a provision specified in Column 1 of Schedule 3 is an offence for which a penalty notice may be served, and(b) the penalty prescribed for each such offence is—(i) for an offence committed by the holder of a master licence class MA or class MB in that capacity— the amount specified opposite the provision in Schedule 3, Column 2, or(ii) otherwise—the amount specified opposite the provision in Schedule 3, Column 3.(2) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
Any act, matter or thing that, immediately before the repeal of the Security Industry Regulation 2007, had effect under that Regulation is taken to have effect under this Regulation.
(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.
(a) not if the apprentice or trainee concerned would be refused a licence because of section 16 of the Act, and
(b) if the apprentice or trainee is a first year apprentice or trainee, only while the apprentice or trainee is directly supervised by a holder of a licence authorising the holder to carry on those security activities.
Column 1 | Column 2 | Column 3 | Column 4 |
Licence class | Term of licence | Fee | Processing component of fee |
Class 1 or class 2 | 1 year | $160 | $120 |
5 years | $640 | $120 | |
Class MA | 1 year | $160 | $120 |
5 years | $640 | $120 | |
Class MB | 1 year | $410 | $120 |
5 years | $1,640 | $120 | |
Class MC | 1 year | $1,250 | $200 |
5 years | $5,000 | $200 | |
Class MD | 1 year | $2,800 | $360 |
5 years | $11,200 | $360 | |
Class ME | 1 year | $5,225 | $480 |
5 years | $20,900 | $480 |
Column 1 | Column 2 | Column 3 | Column 4 |
Licence class | Term of licence | Fee | Processing component of fee |
Class 1 or class 2 | 1 year | $140 | $80 |
5 years | $560 | $80 | |
Class MA | 1 year | $140 | $80 |
5 years | $560 | $80 | |
Class MB | 1 year | $375 | $80 |
5 years | $1,500 | $80 | |
Class MC | 1 year | $1,200 | $120 |
5 years | $4,800 | $120 | |
Class MD | 1 year | $2,725 | $240 |
5 years | $10,900 | $240 | |
Class ME | 1 year | $5,125 | $360 |
5 years | $20,500 | $360 |
Column 1 | Column 2 | Column 3 |
Licence class | Term of licence | Fee |
Class 1 or class 2 | 1 year | $20 |
5 years | $80 | |
Class MA | 1 year | $20 |
5 years | $80 | |
Class MB | 1 year | $35 |
5 years | $140 | |
Class MC | 1 year | $50 |
5 years | $200 | |
Class MD | 1 year | $75 |
5 years | $300 | |
Class ME | 1 year | $100 |
5 years | $400 |
Column 1 | Column 2 | Column 3 |
Provision | Penalty—Holder of master licence class MA or class MB | Penalty—Otherwise |
Offences under the Act | ||
Section 7(1)—where— (a) the offence is committed by a corporation, and (b) the offender does not hold a master licence | — | $11,000 |
Section 7(1)—where— (a) the offence is committed by an individual, and (b) the offender does not hold a master licence | — | $5,500 |
Section 7(1)—where— (a) the offence is committed by a corporation, and (b) the offender provides more persons on any one day than the number of persons authorised by the offender’s master licence | $11,000 | $11,000 |
Section 7(1)—where— (a) the offence is committed by an individual, and (b) the offender provides more persons on any one day than the number of persons authorised by the offender’s master licence | $5,500 | $5,500 |
Section 7(2) | — | $5,500 |
Section 27A(3)—where the offence is committed by a corporation | $550 | $2,200 |
Section 27A(3)—where the offence is committed by an individual | $275 | $1,100 |
Section 29B(1) | — | $2,750 |
Section 30—where the offence is a contravention of a Tier 1 condition by a corporation | $275 | $1,100 |
Section 30—where the offence is a contravention of a Tier 1 condition by an individual | $135 | $550 |
Section 30—where the offence is a contravention of a Tier 2 condition by a corporation | $550 | $2,200 |
Section 30—where the offence is a contravention of a Tier 2 condition by an individual | $275 | $1,100 |
Section 30—where the offence is a contravention of a Tier 3 condition by a corporation | $1,375 | $5,500 |
Section 30—where the offence is a contravention of a Tier 3 condition by an individual | $685 | $2,750 |
Section 31—where the offence is committed by a corporation | $550 | $2,200 |
Section 31—where the offence is committed by an individual | $275 | $1,100 |
Section 32(1)—where the offence is committed by a corporation | — | $5,500 |
Section 32(1)—where the offence is committed by an individual | — | $2,750 |
Section 32(2)—where the offence is committed by a corporation | $275 | $1,100 |
Section 32(2)—where the offence is committed by an individual | $135 | $550 |
Section 33(1)—where the offence is committed by a corporation | $1,375 | $5,500 |
Section 33(1)—where the offence is committed by an individual | $685 | $2,750 |
Section 33(2)—where the offence is committed by a corporation | $550 | $2,200 |
Section 33(2)—where the offence is committed by an individual | $275 | $1,100 |
Section 34 | $135 | $550 |
Section 35(1) | $135 | $550 |
Section 36(1) | — | $550 |
Section 37—where the offence is committed by a corporation | $550 | $2,200 |
Section 37—where the offence is committed by an individual | $275 | $1,100 |
Section 38(1) | $110 | $440 |
Section 38A(1)—where the offence is committed by a corporation | $1,375 | $5,500 |
Section 38A(1)—where the offence is committed by an individual | $685 | $2,750 |
Section 38A(2)—where the offence is committed by a corporation | $550 | $2,200 |
Section 38A(2)—where the offence is committed by an individual | $275 | $1,100 |
Section 38C(1) | — | $1,100 |
Section 39(1)—where the offence is committed by a corporation | $2,750 | $11,000 |
Section 39(1)—where the offence is committed by an individual | $1,375 | $5,500 |
Section 39A(1) and (2)—where the offence is committed by a corporation | $1,375 | $5,500 |
Section 39A(1) and (2)—where the offence is committed by an individual | $685 | $2,750 |
Section 39B—where the offence is committed by a corporation | $275 | $1,100 |
Section 39B—where the offence is committed by an individual | $135 | $550 |
Section 39F—where the offence is committed by a corporation | — | $2,200 |
Section 39F—where the offence is committed by an individual | — | $1,100 |
Section 39H | — | $550 |
Section 39S | $1,375 | $5,500 |
Section 39T | $1,375 | $5,500 |
Section 39U(1) | $1,375 | $5,500 |
Section 39V | $1,375 | $5,500 |
Section 39W | $1,375 | $5,500 |
Section 39X | $1,375 | $5,500 |
Offences under this regulation | ||
Clause 19(1)—where the offence is committed by a corporation | $110 | $440 |
Clause 19(1)—where the offence is committed by an individual | $25 | $110 |
Clause 40(5) | — | $110 |
Clause 40(6)—where the offence is committed by a corporation | $275 | $1,100 |
Clause 40(6)—where the offence is committed by an individual | $135 | $550 |
Clause 40(8)—where the offence is committed by a corporation | $550 | $2,200 |
Clause 40(8)—where the offence is committed by an individual | $275 | $1,100 |
Clause 42 | $685 | $2,750 |
In this Schedule—commencement day means the day on which this Schedule commences.converted licence means an existing licence taken to be a licence under the Act in accordance with this Schedule, clause 2.existing application means an application for a master licence or operator licence under the Commercial Agents and Private Inquiry Agents Act 2004.existing licence means—(a) an existing master licence, or(b) an existing operator licence.existing master licence means the following licences issued under the Commercial Agents and Private Inquiry Agents Act 2004 and in force immediately before the commencement day—(a) master licence for surveillance of persons,(b) master licence for investigation of persons.existing operator licence means the following licences issued under the Commercial Agents and Private Inquiry Agents Act 2004 and in force immediately before the commencement day—(a) operator licence for surveillance of persons,(b) operator licence for investigation of persons.
(1) On the commencement day, an existing operator licence is taken to be a class 2E licence issued under the Act.(2) On the commencement day, an existing master licence is taken to be the following issued under the Act—(a) for a licensee employing no licensed operators—a class MA master licence,(b) for a licensee employing 1 to 10 licensed operators—a class MC master licence,(c) for a licensee employing more than 10 licensed operators—a class ME master licence.(3) A converted licence—(a) continues in force for the unexpired part of the term of the relevant existing licence unless sooner—(i) surrendered by the licence holder, or(ii) suspended or revoked under the Act, and(b) may be renewed in accordance with the Act.(4) The conditions to which an existing licence is subject—(a) are taken to be conditions imposed on the relevant converted licence by the Commissioner under the Act, and(b) may be varied or revoked in accordance with the Act.(5) This clause does not apply to an existing licence to which this Schedule, clause 3 or 4 applies.
(1) This clause applies to a person (the licence holder) who, immediately before the commencement day, holds—(a) an existing operator licence, and(b) a class 1 or class 2 licence.(2) On the commencement day—(a) the class 1 or class 2 licence of the licence holder is taken to be amended to add a class 2E licence, and(b) the existing operator licence ceases to have effect.
(1) This clause applies to a person (the licence holder) who, immediately before the commencement day, holds—(a) an existing master licence, and(b) a master licence under the Act.(2) On the commencement day, the existing master licence of the licence holder ceases to have effect.(3) If the licence holder provides more licensed operators than are authorised to be provided to carry on security activities under the master licence, the licence holder may, within 2 months after the commencement day, apply to the Commissioner to vary the subclass of the master licence.(4) Despite clause 21(2), no fee is payable for an application made under this clause.(5) The Act, section 7(1)(b) does not apply to the licence holder until—(a) the day occurring 2 months after the commencement day, or(b) if the licence holder makes an application in accordance with subclause (3) before that day—the application is finally determined.
(1) This clause applies to a licence that ceases to have effect under this Schedule, clause 3(2)(b).(2) The Commissioner must refund to the licence holder the part of the licence fee paid for the licence that is equivalent to the remaining period for which the licence would have been in force had the licence not ceased to have effect.(3) Subclause (2) does not apply to part of a fee declared to be a processing fee for the purposes of the Licensing and Registration (Uniform Procedures) Act 2002, Part 2.
(1) Subject to subclause (4), an existing application, not yet determined before the commencement day, is taken to be an application for the corresponding licence.(2) A fee paid for the existing application is taken to have been paid for the application for the corresponding licence.(3) If there is a difference between the fee paid for the existing application and the fee required to be paid under the Act—(a) the applicant must pay the balance of an underpayment, and(b) the balance of an overpayment must be refunded to the applicant.(4) An existing application is taken to be withdrawn and a fee paid for the existing application must be refunded if—(a) the existing application relates to a master licence under the Commercial Agents and Private Inquiry Agents Act 2004, and(b) the applicant holds a master licence under the Act.(5) In this clause—application licence means the licence being applied for in the existing application.corresponding licence means the licence to which the application licence would be converted under this Schedule, clause 2 if the applicant held the application licence immediately before the commencement day.
(1) This clause applies to the following, not yet determined before the commencement day—(a) an internal review applied for under the Administrative Decisions Review Act 1997, section 53 in relation to an existing licence,(b) a review applied for under the Commercial Agents and Private Inquiry Agents Act 2004, section 20 in relation to an existing licence.(2) The review must be determined under the Act as if the existing licence was, immediately before the commencement of the review, taken to be a licence under the Act in accordance with this Schedule.(3) In this clause—existing licence includes an existing application.
(1) A record taken or kept by the Commissioner under the Commercial Agents and Private Inquiry Agents Act 2004 may be kept and used by the Commissioner for the purposes of the Act and other purposes the Commissioner considers appropriate.(2) In this clause—record includes a photograph and fingerprint.
In this Part—commencement day means 1 June 2023.
(1) This clause applies to the holder of a class 1A licence—(a) that is in force immediately before the commencement day, and(b) who carries out cash-in-transit activities before the commencement day.(2) The holder may continue to carry on the activities until—(a) 6 months after the commencement day, or(b) if the holder applies for a class 1C licence within 6 months after the commencement day—until the application is determined.(3) No application fee is payable for an application referred to in subclause (2)(b).
(1) This clause applies to the holder of a class 1F licence that is in force immediately before the commencement day.(2) The holder must be issued with a class 1C licence that has effect on and from the commencement day.(3) No application by the holder is required under subclause (2) and no application fee is payable.