New South Wales: Security Industry Act 1997 (NSW)

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. Part 1 Preliminary 1 Name of Act This Act is the Security Industry Act 1997. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— approved means approved by the Commissioner from time to time. armed security guard means a person who— (a) is employed to carry on a security activity referred to in section 4 (1) (c), and (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. close associate is defined in section 5. Commissioner means the Commissioner of Police. enforcement officer means— (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. exercise a function includes perform a duty. function includes a power, authority or duty. licence means a licence in force under this Act. licensee means the holder of a licence. master licensee means the holder of a master licence. 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. private investigator is defined in section 4. property includes money and other valuables. provide persons, to carry on a security activity, means— (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. renewed licence means a licence that is renewed under section 17. security activity is defined in section 4. security equipment means any of the following— (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. Tier 1 condition, Tier 2 condition or Tier 3 condition of a licence—see section 30. visitor permit means a visitor permit in force under this Act. Note— 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. 4 Carrying on a "security activity" (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— (a) acting as a bodyguard or acting in a similar capacity, (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— (i) carrying on control room operations, (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— (i) any security equipment, or (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, (e) selling— (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— (i) the supply of persons to carry on any security activity referred to in this section, or (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— basic household or automotive security item has the meaning given by the regulations. 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— (a) controlling or monitoring the behaviour of persons to maintain order, (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. sell includes hire, lease and offer to sell, hire or lease. 5 Meaning of "close associate" (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— relevant financial interest in relation to a business means— (a) any share in the capital of the business, or (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. 6 Application of Act (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— (a) a police officer or other member of the NSW Police Force, (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— (a) the New South Wales Crime Commission, (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) 6AA Exemptions by Commissioner (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— (a) provide persons to carry on a security activity, or (b) carry on a security activity. (2) An exemption for a person may be granted— (a) on application by the person, and (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— (a) prescribe grounds or other requirements for the granting of an exemption, and (b) prescribe a fee to be paid to the Commissioner on the making of an application for an exemption. 6A Application of Commonwealth National Vocational Education and Training Regulator Act 2011 (1) In this section— Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 of the Commonwealth. State security industry regulation provisions means the provisions of this Act and the regulations— (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. Part 2 Licences Division 1 Requirement for licence 7 Offence of carrying on unauthorised security activities (1) A person must not provide persons to carry on security activities unless— (a) the person is the holder of a master licence, and (b) the person provides no more persons on any one day than the number of persons authorised by the master licence. (c) (Repealed) Maximum penalty— (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. Maximum penalty—500 penalty units or imprisonment for 2 years, or both. (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. 8 Licences do not confer additional powers A licence does not confer on the licensee any function apart from a function authorised by the licence. Division 2 Licence classification 9 Classes of licences (1) A licence may be of one of the following classes— (a) a master licence, (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. 10 Master licences (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) 11 Class 1 licences (1) Class 1 licences are to be classified into subclasses. Those subclasses, and the authority they confer, are as follows— (a) class 1A—authorises the licensee to carry on the following activities— (i) to patrol, protect or guard property while unarmed, whether while static or mobile, and (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. 12 Class 2 licences (1) Class 2 licences are to be classified into subclasses. Those subclasses, and the authority they confer, are as follows— (a) class 2A—authorises the licensee— (i) to sell security methods or principles, and (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— (i) to sell, and provide advice in relation to, security equipment, and (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. Note— 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) 12A, 13 (Repealed) Division 3 Licensing procedures and criteria 14 Application for licence (1) A person may apply to the Commissioner for the grant of a licence. (2) An application must be in the approved form and— (a) be accompanied by the fee prescribed by the regulations, 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. 15 Restrictions on granting licence—general suitability criteria (1) The Commissioner must refuse to grant an application for a licence if— (a) the applicant is under 18 years of age, or (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— (i) in, or in connection with, the application, and (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— (i) a visa for which the applicant has been sponsored by the holder of a master licence, or (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— (i) is a fit and proper person to hold the class of licence sought by the applicant, or (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— (a) is relevant to the activities carried out under the class of licence sought by the applicant, or (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) 16 Restrictions on granting licence—criminal and other related history (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. Note— 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. 16A Restrictions on granting licence—conflict of interest for police officers (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. 16B Prohibition from making application for licence (1) The Commissioner may prohibit a person from making an application for a licence if— (a) the person makes an application for a licence, and (b) in considering the application, the Commissioner— (i) is not satisfied the person is a fit and proper person to hold the class of licence sought, or (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— (a) remains in force for 2 years, and (b) commences— (i) when the person is given the notice, or (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. 17 Renewal of licence (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— (a) in the approved form, and (b) lodged electronically, by post or in any other approved manner, and (c) accompanied by a fee prescribed by the regulations. Note— See sections 18, 21 and 24 in relation to the grant, conditions and terms of renewed licences. (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. Note— 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. 18 Investigation of licence and renewal applications (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— (a) attend a Service NSW service centre and allow Service NSW to take a photograph of the applicant, (b) permit an authorised officer to do one or more of the following— (i) take the applicant's fingerprints, (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— (a) a police officer or any other member of the NSW Police Force, (b) a Public Service employee, (c) any other person prescribed by the regulations. 19 Applications by serving and former police officers 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. 20 Commissioner may require further information (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. 21 Grant and conditions of licence and renewal of licence (1) The Commissioner may, after considering an application for the grant or renewal of a licence— (a) grant a licence to, or renew the licence of, the person making the application, or (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— (a) by this Act for a condition imposed by this Act, or (b) by the regulations for a condition imposed by the regulations, or (c) by the Commissioner for a condition imposed by the Commissioner. 21A Continuing approved training, assessment and instruction (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. 22 Form of licence (1) A licence is to be in any one or more approved forms. (2) A licence must— (a) contain the name of the licensee, and (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— (a) a photograph of the licensee taken by Service NSW, and (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) 22A Special condition for provision of workers—master licences (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— (a) did not know that the person was an ineligible person, and (b) could not reasonably have been expected to know. (3) A person is an ineligible person if the person— (a) is not eligible to hold a licence because of section 16, or (b) has, in the previous 5 years, been refused a licence because the Commissioner— (i) was not satisfied the person was a fit and proper person to hold the class of licence, or (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— (a) the decision to refuse or revoke the licence is overturned, or (b) a licence is subsequently granted to the person. (5) In this section— prescribed work means the following— (a) work in the cash-in-transit sector of the security industry, (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 23 Other special conditions—master licences (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— (a) a master licence, or (b) a visitor permit authorising the holder to carry on security activities of a kind authorised by a master licence. 23AA Special conditions—authority to carry firearms (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. 23A Special conditions—uniforms must be worn when carrying firearms (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— (a) suspend, in accordance with section 25, the armed security guard's class 1F licence, and (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. 23B Special conditions—storage of firearms in certain residential premises (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— (a) must suspend, in accordance with section 25, the armed security guard's class 1F licence, and (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). 23C, 23D (Repealed) 23E Special conditions—class 1 licences A class 1 licence that is granted on application by a person who has not, during the 3 years immediately before the application, been authorised by a class 1 licence to carry on the security activity to which the proposed licence relates is subject to a Tier 3 condition that the person undertake and complete, to the satisfaction of the Commissioner, such approved training, assessment or instruction as may be required by the Commissioner, within 6 months (or such longer period as the Commissioner allows) of the grant of the licence. 23F (Repealed) 24 Term of licence (1A) A licence comes into force— (a) for a class 1 or class 2 licence—when the photograph of the licence holder is taken by Service NSW for the licence, or (b) for a master licence—on the date specified on the licence. (1AA) (Repealed) (1B) The renewal of a licence comes into force— (a) if the application for renewal is lodged under section 17 before its expiry and the Commissioner grants the application—on the expiry of the licence, or (b) if the application for renewal is lodged after its expiry—on the day the Commissioner grants the application for renewal of the licence. (1) A licence remains in force for a period of 5 years (or such shorter period as may be prescribed by the regulations) from the day on which it comes into force, unless sooner surrendered or revoked or it otherwise ceases to be in force. (2), (3) (Repealed) 25 Suspension of licence (1) The Commissioner may, if satisfied that there may be grounds for revoking a licence, suspend the licence, by notice served on the licensee, for a period of not more than 60 days specified in the notice, commencing on service of the notice. (1A) The notice is— (a) to state that the licence is suspended and the reasons for suspending it, and (b) to request that the licensee provide the Commissioner with reasons why the licence should not be revoked. (1B) The Commissioner is not required to give a licensee an opportunity to be heard before suspending the licence under this section. (1C) The Commissioner may, by further notice served on a licensee during the period in which the licence is suspended under this section, extend the period of suspension of the licence for a further period of not more than 60 days specified in the notice. (2) A suspended licence does not authorise the licensee to carry on any security activity during the period specified in the notice suspending it. 26 Revocation of licence (1) A licence may be revoked— (a) (Repealed) (b) if the licensee— (i) supplied information that was (to the licensee's knowledge) false or misleading in a material particular in, or in connection with, the application for the licence or the renewal of the licence, or (ii) contravenes any provision of this Act or the regulations, whether or not the licensee has been convicted of an offence for the contravention, or (iii) contravenes any condition of the licence, or (c) (Repealed) (d) for any other reason prescribed by the regulations. (1A) The Commissioner must revoke a licence where the Commissioner is satisfied that, if the licensee were applying for a new licence, the application would be required by this Act to be refused. (2) The Commissioner may revoke a licence by serving on the licensee, personally or by post, a notice stating that the licence is revoked and the reasons for revoking it. (3) The revocation of a licence by such a notice takes effect when the notice is served or on a later date specified in the notice. Note— Section 31 requires the licensee to immediately surrender the licence if the licence is revoked. (4) The Commissioner may, by serving a further notice on the holder of a licence, cancel a notice revoking a licence before the notice takes effect. (5) For the purposes of subsection (1A), the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the licensee that— (a) is relevant to the activities carried on under the class of licence held by the licensee, or (b) causes the Commissioner to conclude that improper conduct is likely to occur if the licensee continues to hold the licence, or (c) causes the Commissioner not to have confidence that improper conduct will not occur if the licensee continues to hold the licence. (6) The Commissioner is not, under this 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 as referred to in subsection (5). 27 Variation of licence (1) The holder of a class 1 or class 2 licence may apply to the Commissioner for a variation of the kind or kinds of security activity authorised by the licence. (2) An application for a licence variation is to be treated in the same way as an application for the grant of a licence. 27A Provision of approved training, assessment and instruction (1) The Commissioner may approve persons or organisations to provide, for the purposes of sections 15(1)(f)(iii), 17(7), 21A and 23E, training, assessment and instruction that is of a kind approved, and to a standard required, by the Commissioner. (2) The approval of any such person or organisation by the Commissioner— (a) is subject to such conditions with respect to the provision of training, assessment and instruction by the person or organisation as may be imposed by the Commissioner, and (b) may be suspended or revoked at any time by the Commissioner. (3) A person or organisation approved by the Commissioner under this section must comply with any conditions imposed by the Commissioner under subsection (2). Maximum penalty— (a) for a corporation—200 penalty units, or (b) for an individual—100 penalty units. 28 (Repealed) Division 4 Review of licensing decisions 29 Right to seek administrative review from Civil and Administrative Tribunal (1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions— (a) the refusal or failure by the Commissioner to grant a licence to the person, (a1) the refusal or failure of the Commissioner to renew a licence, (b) a condition imposed by the Commissioner on a licence granted to the person, (c) the revocation or suspension of a licence granted to the person. (2) For the purposes of this section, an application for the grant or renewal of a licence is taken to have been refused if the licence is not granted or renewed within 60 days after the application is made in accordance with this Act. Note— Under the Civil and Administrative Tribunal Act 2013, if the Civil and Administrative Tribunal has reviewed an administratively reviewable decision (such as a decision referred to in the above section), a party to the proceedings may appeal to an Appeal Panel of the Tribunal. An appeal on a question of law may then lie to the Supreme Court. (3) In determining an application for an administrative review of a decision referred to in subsection (1), the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013)— (a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose the existence or content of any criminal intelligence report or other criminal information without the approval of the Commissioner, and (b) in order to prevent the disclosure of any such report or other criminal information, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review, the applicant's representative and any other interested party, unless the Commissioner approves otherwise. Note— Sections 15 (7), 17 (5) and 26 (6) of this Act provide that the Commissioner is not, under this or any other Act or law, required to give any reasons for not granting or renewing a licence or 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 section 15 (6) or 26 (5). Accordingly, Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not apply to any decision to refuse to grant (or renew) or revoke a licence based on such information to the extent that it would require disclosure of the existence or content of any criminal intelligence report or other criminal information. (4) If the Tribunal considers that information contained in a criminal intelligence report or comprising other criminal information has not been properly identified as such, the Tribunal must ask the Commissioner whether the Commissioner wishes to withdraw the information from consideration by the Tribunal in its determination of an application. (5) Information that is withdrawn by the Commissioner must not be— (a) disclosed to any person, or (b) taken into consideration by the Tribunal in determining an application. Part 3 Miscellaneous offences relating to licences 29A (Repealed) 29B Certain licensees must be employed by other licensees or visitor permit holders (1) A person who is the holder of a class 1 or class 2 licence must not carry on a security activity authorised by the licence unless the person— (a) is employed by a master licensee or the holder of a visitor permit authorising the holder to carry out security activities of a kind authorised by a master licence, or (b) is self-employed and is the holder of a master licence. Maximum penalty—250 penalty units or imprisonment for 12 months, or both. (2) (Repealed) 30 Contravention of licence conditions (1) A condition of a licence is a Tier 1, Tier 2 or Tier 3 condition. (2) A licensee must not contravene a condition of the licence. Maximum penalty— (a) Tier 1 condition— (i) for a corporation—100 penalty units, or (ii) for an individual—50 penalty units, and (b) Tier 2 condition— (i) for a corporation—200 penalty units, or (ii) for an individual—100 penalty units or imprisonment for 6 months, or both, and (c) Tier 3 condition— (i) for a corporation—500 penalty units, or (ii) for an individual—250 penalty units or imprisonment for 12 months, or both. 31 Surrender of suspended or revoked licence If a licence is suspended or revoked, the person to whom it was granted must immediately surrender the licence in accordance with the regulations. Maximum penalty— (a) in the case of a corporation—200 penalty units, or (b) in the case of an individual—100 penalty units or imprisonment for 6 months, or both. 32 Advertising (1) A person must not advertise that the person carries on or is willing to carry on any security activity referred to in the advertisement unless the person is the holder of a master licence. Maximum penalty— (a) for a corporation—500 penalty units, or (b) for an individual—250 penalty units or imprisonment for 6 months, or both. (2) A licensee must ensure that any advertisement in relation to any security activity carried on by the licensee contains the number of the licence. Maximum penalty— (a) for a corporation—100 penalty units, or (b) for an individual—50 penalty units. (3) An electronic advertisement is not required to contain the number of a licence if members of the public are readily and freely able to find the number of the licence by using a direct electronic link from the electronic advertisement. (4) In this section— advertisement includes a notice or statement in the form of an advertisement. electronic advertisement includes an advertisement— (a) online, including on social media, or (b) sent by electronic means, including by SMS or email. 33 Misrepresentation and related offences (1) A licensee must not— (a) by any false, misleading or deceptive statement, representation or promise, or (b) by any wilful concealment of a material fact, induce, or attempt to induce, any person to enter into an agreement or contract in connection with the carrying on of any security activity. Maximum penalty— (a) for a corporation—500 penalty units, or (b) for an individual—250 penalty units or imprisonment for 6 months, or both. (2) A person must not— (a) in relation to any application for the purposes of this Act or the regulations, or (b) in relation to any information, records or particulars that the person is required to furnish under this Act or the regulations, make any repres