Queensland: Security Providers Act 1993 (Qld)

Security Providers Act 1993 An Act to license security providers, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Security Providers Act 1993. 2 Commencement This Act commences on a day to be fixed by proclamation. 2A Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act. (3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Who is a security provider (1) A security provider is any of the following— (a) a bodyguard; (b) a crowd controller; (c) a private investigator; (d) a security adviser; (e) a security equipment installer; (f) a security officer; (g) a security firm. (2) A person employed by a security provider is not a security provider if the person's duties are only secretarial or clerical. (3) Each of the following persons is not a security provider in carrying out the functions of the person's employment— (a) a police officer or a member of the police service of the Commonwealth or a State; (b) a member of the Defence Force; (c) an officer or employee of the Commonwealth or a State; (d) a Minister of the Commonwealth or a State; (e) a department of the Commonwealth or a State; (f) an officer of or employee in the parliamentary service established under the Parliamentary Service Act 1988; (g) a casino employee or casino key employee within the meaning of the Casino Control Act 1982. (4) Also, an authorised person under the Transport Operations (Passenger Transport) Act 1994 is not a security provider in performing a function or exercising a power under that Act. 4A Who is a bodyguard A bodyguard is a person who, for reward, provides a close personal protection service. 5 Who is a crowd controller (1) A crowd controller is a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following— (a) screening the entry of persons into the place; (b) monitoring or controlling the behaviour of persons in the place; (c) removing persons from the place. Example— a bouncer at a hotel, nightclub or rock concert (2) Despite subsection (1), a person is not a crowd controller merely because the person checks that a person allowed admission to the public place has paid for the admission or has an invitation or pass allowing the admission. 6 Who is a private investigator (1) A private investigator is a person who, for reward— (a) obtains and gives private information about another person, without the other person's express consent; or (b) carries out surveillance for obtaining private information about another person, without the other person's express consent; or (c) investigates the disappearance of a missing person. (2) Despite subsection (1), a person is not a private investigator merely because— (a) the person— (i) is the employee of a person who does not, for reward, obtain and give information; and (ii) as an employee, obtains and gives information about another person; or (b) the person— (i) is an employee of a person who, for reward, obtains and gives information; and (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or (c) the person, for reward, gives information about another person from existing records in the person's possession or in the possession of the person's employer. Example of paragraph (a)— a retail department store's employee who obtains information about the credit standing of a person who has applied for the store's credit card (3) Each of the following persons is not a private investigator in carrying out the functions of the person's occupation or employment— (a) an Australian legal practitioner or an Australian legal practitioner's employee; (b) an accountant or an accountant's employee; (c) a person carrying on the business of insurance or an employee of the person; (d) a person carrying on the business of an insurance adjustment agency or an employee of the person. (4) Also, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged. (5) In this section— accountant means— (a) a person registered as an auditor under the Corporations Act; or (b) a member of CPA Australia who is entitled to use the letters 'CPA' or 'FCPA'; or (c) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters 'CA' or 'FCA'; or (d) a member of the Institute of Public Accountants who is entitled to use the letters 'MIPA' or 'FIPA'. Australian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2007. independent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Sector Act 2022. private information, about a person, means information, including information recorded in a document, about— (a) for an individual—the individual's personal character, actions, business or occupation; or (b) for a person other than an individual—the person's business or occupation. 6A Who is a security adviser (1) A security adviser is a person who, for reward, gives advice about security equipment or security methods or principles (security advice). (2) Despite subsection (1), a person is not a security adviser merely because— (a) the person— (i) is an employee of a person who does not, for reward, give security advice; and (ii) as an employee, gives security advice to the employer; or (b) the person— (i) is an employee of a person who, for reward, gives security advice; and (ii) as an employee, gives security advice to the employer in relation to the employer's own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or (c) the person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or (d) the person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act. 6B Who is a security equipment installer (1) A security equipment installer is a person who, for reward, installs, repairs, services or maintains security equipment. (2) Despite subsection (1), a person is not a security equipment installer merely because— (a) the person— (i) is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and (ii) as an employee, installs, repairs, services or maintains the employer's security equipment; or (b) the person— (i) is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and (ii) as an employee, installs, repairs, services or maintains the employer's security equipment; or (c) the person carries out retail key cutting; or (d) the person installs a basic security item in a building owned or occupied by the person; or (e) the person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation. (3) In this section— basic security item means— (a) a portable safe weighing not more than 50kg; or (b) a barrier security item; or Example— a security mesh door or window grille (c) an electronic or mechanical lock used for basic household security; or Example— a door lock, window lock or padlock (d) a motion sensor light that does not also activate an alarm. 7 Who is a security officer (1) A security officer is a person who, for reward, guards, patrols or watches another person's property, including by— (a) personally patrolling the property; or (b) personally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device. (2) Subsection (1) applies to a person even if the person's duties include guarding or watching other persons lawfully on property in a way that is not a close personal protection service. (3) Despite subsection (1), each of the following is not a security officer— (a) an engaged service provider within the meaning of the Corrective Services Act 2006, in carrying out the engaged service provider's functions under that Act; (b) a person who is an employee of an engaged service provider within the meaning of the Corrective Services Act 2006, in carrying out the functions of the person's employment. (4) Also, despite subsection (1) and subject to subsection (5), a person is not a security officer merely because— (a) the person— (i) is an employee of a person who does not, for reward, guard, patrol or watch another person's property; and (ii) as an employee, guards, patrols or watches the employer's property; or (b) the person— (i) is an employee of a person who, for reward, guards, patrols or watches another person's property; and (ii) as an employee, guards, patrols or watches the employer's property. (5) A person who is an employee mentioned in subsection (4) is a security officer if the person— (a) is employed principally to guard, patrol or watch the employer's property; or (b) is employed, whether or not principally, to guard, patrol or watch licensed premises of the employer. 7A Who is a relevant person A relevant person, for an application for a licence or application for renewal of an unrestricted licence, is— (a) if the application is made by an individual—the individual; or (b) if the application is made by a corporation—an officer of the corporation; or (c) if the application is made by a partnership—a partner of the partnership. 8 What is a security firm A security firm is a person who, or partnership that, engages in the business of supplying, for reward, security firm services to other persons. Note— Under the Acts Interpretation Act 1954, schedule 1, person includes a corporation. 8A What is security equipment (1) Security equipment is acoustic, electronic, mechanical or other equipment— (a) designed, adapted, or purporting to provide or to enhance property security; or (b) for protecting or watching property. Examples— • an alarm • an alarm monitoring system • an audio, or visual, recording system • an electric, electro-mechanical, magnetic or biometric access control device • an intrusion detector, including a motion, infra-red, microwave or contact detector • a safe or vault (2) However, each of the following is not security equipment— (a) a device for monitoring inventory, product or stock loss; (b) an item designed to minimise the possibility of motor vehicle theft, including, for example, a motor vehicle alarm or immobiliser. Part 2 Licences Division 1 Requirement for licence 9 Requirement to be licensed (1) Unless a person holds the appropriate licence, the person must not— (a) carry out the functions of a security provider; or (b) advertise, or in any way hold out, that the person carries out or is willing to carry out, the functions of a security provider. Maximum penalty— (a) for a first offence—500 penalty units; or (b) for a second offence—700 penalty units or 6 months imprisonment; or (c) for a third or later offence—1000 penalty units or 18 months imprisonment. (2) A person must not, directly or indirectly, engage another person to carry out for reward the functions of a security provider unless the other person holds the appropriate licence. Maximum penalty— (a) for a first offence—500 penalty units; or (b) for a second offence—700 penalty units or 6 months imprisonment; or (c) for a third or later offence—1000 penalty units or 18 months imprisonment. (3) Unless a person holds the appropriate licence, the person is not entitled to any reward for carrying out the functions of a security provider. (4) Subsection (3) has effect despite any arrangement to the contrary. Division 2 Application for licence 10 Application (1) An application for a licence may be made to the chief executive by— (a) for any licence—an individual; or (b) for a security firm licence—a person or a partnership. (2) The application must be made in the approved form and must be accompanied by the fee prescribed under a regulation. (2A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA(1), the application must also be accompanied by the amount of the costs required to be paid. (3) The applicant must state in the application— (a) the term of the licence being applied for; and (b) if the functions of more than 1 type of security provider are intended to be carried out under the licence—each type of security provider for which the licence is sought. (3A) The applicant must also state in the application— (a) if it is for carrying out the functions of a security officer—the category of functions intended to be carried out under the licence; or (b) if it is for carrying out the functions of a security firm—the security firm services intended to be supplied under the licence. (3B) If the application is for carrying out the functions of a security firm, the application must include evidence that the applicant is a current member of an approved security industry association. (4) Only an individual may apply for, or be granted, a licence for carrying out the functions of any of the following— (a) a bodyguard; (b) a crowd controller; (c) a private investigator; (d) a security adviser; (e) a security equipment installer; (f) a security officer. (5) The chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days. (6) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse. (7) A requirement mentioned in subsection (2A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's website. (8) An application for a licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27, unless the Commissioner already holds the relevant person's fingerprints taken under section 27. (9) If a regulation prescribes a fee for taking a relevant person's fingerprints under section 27, the application must be accompanied by the fee for each relevant person for the application. (10) However, subsection (9) does not apply if the Commissioner already holds the relevant person's fingerprints taken under section 27. (11) If a relevant person's fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (9) for the relevant person for the application. 11 Entitlement to licences—individuals (1) This section applies if an individual applies for a licence. (2) A person is entitled to a licence if the chief executive is satisfied that the person— (a) is either— (i) 18 years or more; or (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and (b) for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and (c) for an application for a security firm licence—is a current member of an approved security industry association; and (d) is an appropriate person to hold the licence. (2A) A person is taken to comply with subsection (2)(b) if the chief executive is satisfied the person, within 1 year before the day the person's application for the licence is received by the chief executive, held a licence for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought. (3) In deciding whether a person is an appropriate person to hold a licence, the chief executive— (a) may only consider the matters mentioned in subsections (4) and (5); and (b) may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48. (4) In deciding whether a person is an appropriate person to hold a licence, the chief executive must consider the following matters as indicating that the person may not be an appropriate person— (a) in dealings in which the person has been involved, the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics; (b) the person has taken advantage, as a debtor, of the laws of bankruptcy; (c) the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 applies; (d) an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court; (e) any other information indicating— (i) the person is a risk to public safety; or (ii) the holding of the licence by the person would be contrary to the public interest. (5) A person is not an appropriate person to hold a licence if the person— (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded; or (b) is subject to a relevant control order. (6) In this section— apprentice or trainee means an apprentice or trainee within the meaning of the Further Education and Training Act 2014. unrecorded finding of guilt, in relation to a relevant offence, means a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence. 12 Inquiries about person's appropriateness to hold licence (1) The chief executive may make inquiries about a person to assist in deciding whether the person— (a) is an appropriate person for the grant of the licence; or (b) continues to be an appropriate person. (2) Without limiting subsection (1), the chief executive may ask the Commissioner to give the chief executive the following written information about the person— (a) a report about the person's criminal history; (b) a brief description of the nature of the offence giving rise to a conviction or charge mentioned in the person's criminal history. (3) Subject to subsection (4), the Commissioner must comply with a request made under subsection (2). (4) The duty imposed on the Commissioner to comply with the request applies only to information in the Commissioner's possession or to which the Commissioner has access. (5) If the person is, or has been, subject to a control order or registered corresponding control order, the report must— (a) state the details of the order; or (b) be accompanied by a copy of the order. (6) In this section— offence includes alleged offence. 12AA Costs of criminal history report (1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 12(2) about— (a) the applicant or licensee; or (b) if the applicant or licensee is a corporation—an officer of the corporation; or (c) if the applicant or licensee is a partnership—a partner in the partnership. (2) The chief executive must refund to an applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. (3) In this section— applicant includes proposed applicant. 12A Notice of change in criminal history (1) This section applies if— (a) the Commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and (b) the person's criminal history changes. (2) The Commissioner may notify the chief executive that the person's criminal history has changed. (3) The notice must— (a) state the following details— (i) the person's name and any other name the Commissioner believes the person may use or may have used; (ii) the person's date and place of birth; (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and (b) if the change includes the person becoming subject to a control order or registered corresponding control order— (i) state the details of the order; or (ii) be accompanied by a copy of the order. (4) The chief executive may confirm the Commissioner's suspicions under subsection (1). (5) For a person who does not have a criminal history, there is taken to be a change in the person's criminal history if the person acquires a criminal history. (6) In this section— offence includes alleged offence. 12B Use of information obtained under s 12 or 12A (1) This section applies to the chief executive in considering information about a person obtained under section 12 or 12A. (2) Information about the following may be used only for making a decision about whether the person is, or continues to be, an appropriate person to hold a licence— (a) a conviction of the person; (b) if the person is subject to a control order or registered corresponding control order—the control order. (3) Information about a charge made against the person for a disqualifying offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person's licence. (4) Subsections (2) and (3) do not affect sections 14(2) and 21(3). (5) When making a decision mentioned in subsection (2), the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— (a) when the offence was committed; (b) the nature of the offence and its relevance to the person carrying out the functions of a security provider under the licence; (c) anything else the chief executive considers relevant to the decision. (6) When making a decision mentioned in subsection (3), the chief executive must have regard to the following matters relating to information about the alleged or possible commission of an offence by the person— (a) when the offence is alleged to have been committed or may possibly have been committed; (b) the nature of the alleged or possible offence and its relevance to the person carrying out the functions of a security provider under the licence; (c) anything else the chief executive considers relevant to the decision. (7) The chief executive must destroy information obtained by the chief executive under section 12 or 12A as soon as practicable after it is no longer needed for the purpose for which it was requested or given. (8) The Public Records Act 2023 does not apply to information mentioned in subsection (7). 13 Entitlement to licences—corporations or firms (1) In this section— officer of a corporation means— (a) a director, secretary or executive officer of the corporation; or (b) a person who can control or substantially influence the conduct of the corporation's affairs including, for example, a person on whose directions or instructions the corporation's directors usually act. (2) This section applies if a corporation or partnership applies for a security firm licence. (3) The applicant is entitled to the licence if the chief executive is satisfied that— (a) each person who is an officer of the corporation, or partner in the partnership, is an appropriate person to be an officer or partner if the corporation or partnership were granted the licence; and (b) if the applicant is a corporation—the corporation is an appropriate person to hold the licence; and (c) the applicant is a current member of an approved security industry association. (3A) For subsection (3)(b), in deciding whether a corporation is an appropriate person to hold a security firm licence, the chief executive— (a) must consider the following matters— (i) whether the corporation has been convicted of a disqualifying offence for which a conviction has not been recorded and that has not been quashed or set aside by a court; (ii) any other information indicating— (A) the corporation is a risk to public safety; or (B) the holding of the licence by the corporation would be contrary to the public interest; but (b) may not have regard to criminal intelligence given to the chief executive by the Commissioner under section 48. (4) The imposed conditions of the licence must state the security firm services that may be supplied under the licence. (5) Sections 11(3) to (5), 12 and 12B apply to a decision about whether a person mentioned in subsection (3)(a) is an appropriate person as if the person were the applicant for the licence. (6) A corporation is not an appropriate person to hold a security firm licence if the corporation— (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction has been recorded; or (b) is subject to a relevant control order. 14 Decision on application (1) The chief executive must consider an application for a licence and either— (a) grant the licence; or (b) refuse to grant the licence. (2) Despite subsection (1), if the applicant or another person required to be an appropriate person for the grant of the licence has been charged with a disqualifying offence, the chief executive may defer making a decision to grant or to refuse to grant the licence until the end of the proceeding for the charge. (3) If the chief executive decides to grant the licence, the chief executive must promptly give the applicant— (a) the licence; and (b) if a condition is stated on the licence under section 15—a QCAT information notice for the decision to impose the condition. (4) A licence must state each type of security provider the functions of which may be carried out under the licence and, for a security officer, the category of functions that may be carried out under the licence. (5) If the chief executive decides to refuse to grant a licence, or grants a licence other than the licence applied for, the chief executive must give the applicant a QCAT information notice for the decision. (6) If the chief executive decides to defer making a decision to grant or to refuse to grant the licence, the chief executive must promptly give the applicant a QCAT information notice for the decision to defer making a decision to grant or to refuse to grant the licence. (7) This section is subject to section 28(1). 14A Continuation of restricted licence (1) Subsection (2) applies if— (a) a person who is the holder of a restricted licence applies under section 10 for the grant of an unrestricted licence for carrying out the same type of security provider functions as the person is authorised to carry out under the restricted licence; and (b) the chief executive has not, before the restricted licence ends, decided whether to grant the unrestricted licence. (2) The restricted licence is taken to continue in force until the day— (a) the chief executive grants, or refuses to grant, the unrestricted licence; or (b) the person withdraws the application for the unrestricted licence. (3) If the chief executive grants the unrestricted licence to the person, the restricted licence is cancelled on the day the unrestricted licence is granted. Division 3 Conditions and term of licence 14B Statutory conditions (1) A restricted licence is subject to the conditions that the licensee— (a) may carry out only— (i) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or (ii) for a security officer—the category of functions of a security officer stated in the licence; and (b) when carrying out the functions must be under appropriate direct supervision. (2) An unrestricted licence is subject to the condition that, if required in writing by the chief executive, the licensee must complete relevant approved training— (a) on renewal of the licence; or (b) at 1 or more stated intervals during the term of the licence; or (c) both on renewal of the licence and at 1 or more stated intervals during the term of the licence. (3) The chief executive may make a requirement under subsection (2) only if satisfied the relevant approved training is required— (a) because of an increased risk to public safety or protection of property since the licensee's latest successful completion of an approved training course or relevant approved training; or (b) to update the licensee's competency for carrying out the functions, or the category of functions, of a security provider authorised under the licence. (4) A licensee must comply with the statutory conditions of the licence. Note— See section 21(1)(b) for a contravention of a condition of a licence. (5) No appeal lies against a decision of the chief executive made under subsection (2). (6) A court or tribunal must dismiss a proceeding started in contravention of subsection (5). (7) In this section— decision includes a decision affected by jurisdictional error. relevant approved training, in relation to an unrestricted licence, means training approved by the chief executive for carrying out— (a) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or (b) for a security officer—the category of functions of a security officer stated in the licence. Example of relevant approved training— 1 or more components of an approved training course 15 Imposed conditions (1) The chief executive may grant a licence on conditions decided by the chief executive and stated on the licence (imposed conditions). (2) Without limiting subsection (1), for a security firm licence, the imposed conditions may include a condition that the licensee must monitor, at stated intervals, whether or not its employees who are employed as security providers are complying with this Act. (3) The licensee must comply with the imposed conditions of the licence. (4) The contravention of an imposed condition that is prescribed under a regulation for this section is an offence. Maximum penalty—40 penalty units. Note— Also, see section 21(1)(b) for a contravention of a condition of a licence. 16 Term of licence (1) A licence, other than a restricted licence, may be issued for a term of 1 year or 3 years. (2) A restricted licence may be issued for a term of not more than 6 months. (3) After the term of a restricted licence (the first licence) ends, the person who held the first licence can not apply for a further restricted licence for carrying out the functions that were authorised under the first licence. Division 4 Amendment of licence 17 Amendment of licence on application (1) A licensee may apply to the chief executive for an amendment of the licence, other than its statutory conditions. (2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (3) The chief executive must decide the application by— (a) amending the licence in the way applied for; or (b) with the applicant's written agreement, amending the licence in another way; or (c) refusing to amend the licence. (4) If the chief executive decides to refuse to amend the licence, the chief executive must give the applicant a QCAT information notice for the decision. (5) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice. 18 Amendment of licence by chief executive (1) This section applies if— (a) the chief executive considers a licence, other than its statutory conditions, should be amended; and (b) the licensee has not applied for the amendment under section 17. (2) The chief executive must give the licensee a written notice (the show cause notice) that— (a) states the reasons for the amendment; and (b) outlines the facts and circumstances forming the basis of the reasons; and (c) invites the licensee to show cause within a stated period, of at least 28 days, why the licence should not be amended. (3) The chief executive may amend the licence, other than its statutory conditions, if, after considering all representations made within the stated period, the chief executive still believes the licence should be amended— (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. (4) If the chief executive decides to amend the licence, the chief executive must give the licensee a QCAT information notice for the decision. (5) Subsections (2) to (4) do not apply if the licence is to be amended only— (a) by omitting an imposed condition; or (b) to correct a minor error or to make a change that is not a change of substance; or (c) in another way that does not adversely affect the licensee's interests. (6) The chief executive may make an amendment of a type mentioned in subsection (5) by written notice given to the licensee. (7) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice. 19 Notice to return licence for recording amendment (1) The chief executive, by written notice, may require a licensee to return the licensee's licence to the chief executive within a stated period, of at least 14 days, to enable the chief executive to record on the licence an amendment of the licence under section 17 or 18. (2) After recording the amendment, the chief executive must return the licence to the licensee. (3) A licensee to whom a notice under subsection (1) is given must comply with the notice, unless the licensee has a reasonable excuse. Maximum penalty—20 penalty units. (4) The amendment of a licence under section 17 or 18 does not depend on the amendment being recorded on the licence under this section. Division 5 Other provisions about licence 20 Renewal of unrestricted licence (1) A licensee may apply to the chief executive for the renewal of an unrestricted licence before the licence ends. (1A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA(1), the application must be accompanied by the amount of the costs required to be paid. (2) If an application for renewal of an unrestricted licence is made, the chief executive must renew the licence unless the chief executive refuses to renew it under section 22 or 28(2). (2A) Despite subsection (2), but without limiting section 22, if either of the following has been charged with a disqualifying offence, the chief executive may defer making a decision to renew or to refuse to renew the unrestricted licence until the end of the proceeding for the charge— (a) the applicant; (b) another person required to be an appropriate person for the grant of the unrestricted licence. (3) A renewal begins at the end of the day on which, apart from its renewal, the unrestricted licence would have ended. (4) A renewal is for the term, of 1 year or 3 years, specified in the renewed licence. (5) If an application is made under subsection (1) for the renewal of an unrestricted licence and the chief executive has not, before the licence ends, decided whether to renew the licence, the licence is taken to continue in force until the day— (a) the chief executive renews, or refuses to renew, the licence; or (b) the licensee withdraws the application for renewal. (6) A requirement mentioned in subsection (1A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's web site. (7) An application for renewal of an unrestricted licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27, unless the Commissioner already holds the relevant person's fingerprints taken under section 27. (8) If a regulation prescribes a fee for taking a relevant person's fingerprints under section 27, the application must be accompanied by the fee for each relevant person for the application. (9) However, subsection (8) does not apply if the Commissioner already holds the relevant person's fingerprints taken under section 27. (10) If a relevant person's fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (8) for the relevant person for the application. 21 Grounds for suspension, cancellation or refusal to renew (1) Each of the following is a ground for the suspension or cancellation of a licence or the refusal to renew a licence— (a) the licence, or a renewal of the licence, was obtained because of materially incorrect or misleading information; (b) the licensee has contravened this Act, including a code of practice, or a condition of the licence; (c) the licensee has committed an offence against this Act; (d) if the licensee is an individual or a partnership—the individual, the partnership or any partner— (i) has been convicted of an offence against the Industrial Relations Act 2016, section 928 relating to the under payment of wages; or (ii) has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages; (e) if the licensee is a corporation— (i) the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth), section 719 in relation to the payment of an amount to a person; or (ii) the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth), section 719(6) or (7) or 720 to pay an amount to or on behalf of the person; Editor's note— Workplace Relations Act 1996 (Cwlth)—see the Acts Interpretation Act 1954, section 14H and the Fair Work Act 2009 (Cwlth). (f) the licensee is not a member of an approved security industry association; (g) the licensee, or another person required to be an appropriate person for the grant of the licence, is not, or is no longer, an appropriate person. (2) However, subsection (1)(f) applies only if at least 60 days have passed since the later of the following— (a) the licensee was last a member of an approved security industry association; (b) the commencement of this subsection. (3) Despite subsection (1)(g), the following are not grounds for cancellation of a licence under section 22— (a) the licensee, or another person required to be an appropriate person in relation to the licence, is convicted of a disqualifying offence; (b) the licensee, or another person required to be an appropriate person in relation to the licence, becomes subject to a relevant control order. Note— See section 24 for cancellation of a licence in the circumstances mentioned in this subsection. (4) The question whether a person is, or continues to be, an appropriate person is decided in the same way as the question whether the person would be an appropriate person for the grant of the licence. (5) The charging of a licensee, or another person required to be an appropriate person for the grant of the licence, with a disqualifying offence is a ground for suspending, or refusing to renew, the licence concerned until the end of the proceeding for the charge. (6) The power of the court to impose conditions of bail under the Bail Act 1980 includes the power to impose a condition that the licensee not act as a security provider as stated in the condition. 21A Approved security industry association must give notice of persons whose membership of the association ends An approved security industry association must, within 14 days after the end of each successive month after becoming an approved security industry association, give the chief executive written notice of— (a) each person whose membership of the association ended during the month; and (b) the date the membership ended. Maximum penalty—20 penalty units. 22 Procedure for suspension, cancellation or refusal to renew (1) If the chief executive considers that reasonable grounds exist to suspend, cancel or refuse to renew a licence (the action), the chief executive must give the licensee a written notice (the show cause notice) that— (a) states the action proposed; and (b) states the grounds for proposing to take the action; and (c) outlines the facts and circumstances that form the basis for the chief executive's belief; and (d) if the chief executive proposes to suspend the licence—states the proposed suspension period; and (e) invites the licensee to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken. (2) If, after considering all representations made within the specified time, the chief executive still believes that grounds to take the action exist, the chief executive may— (a) if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or (b) if the show cause notice was a notice of intention to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or (c) if the show cause notice was a notice of intention not to renew the licence— (i) refuse to renew the licence; or (ii) refuse to renew the license for a period. (3) The chief executive must, by written notice, inform— (a) generally—a licensee of a decision to cancel, suspend or refuse to renew the licensee's licence; or (b) for a licensee mentioned in subsection (1)—the licensee of a decision not to take the action. (4) If the chief executive decides to cancel, suspend or refuse to renew the licence, the notice must be a QCAT information notice for the decision. (5) The decision takes effect on the later of the following— (a) the day on which the notice is given to the licensee; (b) the day specified in the notice. 23 Return of suspended or cancelled licence (1) If the chief executive cancels or suspends a person's licence, the chief executive may give the person a written notice requiring the person to return the licence as specified within a specified period, of not less than 14 days. (2) The person must comply with the notice, unless the person has a reasonable excuse not to comply with it. Maximum penalty—20 penalty units. (3) If a licence returned to the chief executive is still current at the end of the suspension period, the chief executive must return the licence to the licensee. 23A [Repealed] 24 Automatic cancellation (1) A licensee's licence is cancelled if the licensee, or another person required to be an appropriate person in relation to the licence— (a) is convicted of a disqualifying offence for which a conviction is recorded; or (b) becomes subject to a relevant control order. (2) A person whose licence is cancelled under subsection (1) must return the licence to the chief executive within 14 days after the happening of the event mentioned in subsection (1). Maximum penalty for subsection (2)—20 penalty units. 25 Replacement licences (1) A licensee may apply to the chief executive for the replacement of a lost, stolen or destroyed licence. (2) The chief executive must consider each application and either— (a) replace the licence; or (b) refuse to replace the licence. (3) If the chief executive is satisfied that the licence has been lost, stolen or destroyed, the chief executive must replace the licence. (4) If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision. 25A Production of licence (1) This section applies if— (a) a licensee is not wearing the prescribed identification when carrying out a function of a security provider; and (b) a person with whom the licensee is dealing when carrying out the function asks to inspect the licensee's licence. (2) The licensee must produce the licensee's licence for inspection. Maximum penalty—20 penalty units. 25B Approval of security industry associations The chief executive may, under requirements prescribed under a regulation— (a) approve security industry associations for the purposes of this part; or (b) withdraw a security industry association's approval under paragraph (a). Division 6 Review of licence decisions 26 Review by QCAT of particular decisions of chief executive (1) An applicant for a licence may apply to QCAT for a review of a decision of the chief executive— (a) to refuse to grant the licence; or (b) to grant a licence other than the licence applied for, including, for example, by— (i) granting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or (ii) imposing a condition on the licence; or (c) to defer making a decision to grant or to refuse to grant the licence. (2) A licensee may apply to QCAT for a review of a decision of the chief executive— (a) to amend the licence; or (b) to refuse to amend the licence; or (c) to suspend or cancel the licence; or (d) to refuse to renew the licence; or (e) to refuse to replace the licence. (3) The application must be made as provided under the QCAT Act. 26A [Repealed] 26B [Repealed] Division 7 Fingerprint procedures 27 Fingerprints to be taken (1) This section applies if a person is agreeable under section 10(8) or 20(7) to having his or her fingerprints taken by the Commissioner. (2) For the following purposes, the chief executive must ask the Commissioner to take the person's fingerprints— (a) to assist the chief executive in deciding whether the person is, or continues to be, an appropriate person to hold a licence; (b) to assist the chief executive in identifying the person for the purpose mentioned in paragraph (a). (3) The Commissioner must comply with a request made under subsection (2). 28 Chief executive must refuse to grant, or renew, licence if fingerprints have not been taken (1) The chief executive must refuse to grant a licence if the fingerprints of each relevant person for the application for the licence have not been taken by the Commissioner under section 27. (2) The chief executive must refuse to renew an unrestricted licence if the fingerprints of each relevant person for the application for the renewal have not been taken by the Commissioner under section 27. 29 Commissioner to give chief executive information about a person's identity derived from fingerprints (1) The Commissioner must give the chief executive information about a person's identity derived from fingerprints of the person taken under section 27. (2) However, the Commissioner must not give information under subsection (1) about a particular person if the Commissioner is reasonably satisfied that giving the information— (a) may prejudice or otherwise hinder an investigation to which the information may be relevant; or (b) may affect the safety of a police officer, complainant, informant or other person. 30 Use of fingerprints by Commissioner The Commissioner may use the fingerprints of a person taken under section 27 only— (a) to comply with section 29; or (b) for performing a function of the Queensland Police Service. 31 Destruction of fingerprints (1) This section applies if— (a) an application is made for a licence or renewal of an unrestricted licence; and (b) a relevant person's fingerprints have been taken under section 27 for the application; and (c) either— (i) the applicant withdraws the application; or (ii) the chief executive refuses to grant or renew the licence, and the applicant's review rights under section 26 for the application have been exhausted. (2) This section also applies if— (a) either— (i) a licence is cancelled under section 22, and the licensee's review rights under section 26 for the cancellation have been exhausted; or (ii) a licensee does not apply, under section 20, for the renewal of the licence before the licence ends; and (b) a relevant person's fingerprints have been taken under section 27 for an application for the licence or renewal of the licence. (3) The chief executive must request the Commissioner to destroy the fingerprints. (4) The Commissioner must comply with the request within a reasonable time. (5) In complying with the request, the Commissioner must destroy the fingerprints in the presence of a justice. Part 2A Temporary permits 31A Purpose of temporary permit (1) A temporary permit allows the holder of a corresponding authority to carry out in Queensland stated authorised functions for a stated particular event. (2) In this section— stated means stated in the temporary permit. 31B Term of temporary permit The term of a temporary permit ends when the first of the following happens— (a) the event for which it is issued ends; (b) the term stated in the permit ends. 31C Application for temporary permit (1) An application for a temporary permit may be made to the chief executive by— (a) for a temporary permit for carrying out authorised functions of a security firm—a person or a partnership; or (b) for another temporary permit—an individual. (2) The application must be accompanied by— (a) evidence satisfying the chief executive that the applicant holds a corresponding authority; and (b) the fee prescribed under a regulation. (3) The applicant must state in the application— (a) the event for which the temporary permit is sought; and (b) the authorised functions intended to be carried out under the temporary permit; and (c) if authorised functions of a security firm are intended to be carried out—the security firm services intended to be supplied under the temporary permit. (4) Only an individual may apply for, or be granted, a temporary permit for carrying out authorised functions of any of the following— (a) a bodyguard; (b) a crowd controller; (c) a security officer. (5) The chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days. (6) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse. 31D Application of pt 2 to temporary permit (1) The following provisions of part 2 apply to a temporary permit as if the temporary permit were a licence and the holder of the temporary permit were a licensee— (a) division 2, other than sections 10, 11(2)(b) and (2A) and 14A; (b) section 15, other than section 15(2)(a); (c) divisions 4 and 5, other than sections 20 and 25; (d) division 6. (2) Despite subsection (1)(c), sections 21 and 22 apply to a temporary permit only for suspending or cancelling the temporary permit. 31E What temporary permit must state A temporary permit must state— (a) the event for which it is issued; and (b) the authorised functions that may be carried out under the temporary permit; and (c) if authorised functions of a security firm may be carried out—the security firm services that may be supplied under the temporary permit. 31F Permit holder taken to hold appropriate licence if complying with conditions (1) The holder of a temporary permit is taken to hold an appropriate licence for carrying out the functions of a security provider stated in the temporary permit. (2) However, subsection (1) does not apply to the holder if the holder does not comply with the conditions of the temporary permit. Note— If a holder of a temporary permit does not comply with an imposed condition of the temporary permit, because of section 31D, section 15(4) may apply to the holder if the imposed condition is prescribed under a regulation as mentioned in that subsection. Part 3 [Repealed] 32 [Repealed] 33 [Repealed] 34 [Repealed] 35 [Repealed] 36 [Repealed] 37 [Repealed] 38 [Repealed] 39 [Repealed] 40 [Repealed] 41 [Repealed] 42 [Repealed] 43 [Repealed] 45 [Repealed] 46 [Repealed] Part 4 General 47 Identification to be worn by crowd controller When acting as a crowd controller, a licensed crowd controller must wear the prescribed identification, so the identification is clearly visible. Maximum penalty—20 penalty units. 48 Exchange of information (1) The chief executive may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information— (a) held by the chief executive or the relevant agency; or (b) to which the chief executive or the relevant agency has access. (2) An information-sharing arrangement may relate only to information that assists— (a) the chief executive perform the chief executive's functions under this Act; or (b) the relevant agency perform its functions. (3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to— (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and (b) disclose information to the other party. (4) The chief executive may use criminal intelligence, given to the chief executive by the Commissioner under an information-sharing arrangement, only for monitoring compliance with this Act. (5) In this section— information does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001. relevant agency means the following— (a) the Commissioner; (b) the chief executive of a department; (c) a local government; (d) a person prescribed by regulation. 48A Confidentiality (1) This section applies if a person gains confidential information through involvement in the administration of this Act. (2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4). Maximum penalty—35 penalty units. (3) Without limiting subsection (1), a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— (a) the chief executive; or (b) a public service employee employed in the department; or (c) a person engaged by the chief executive for this Act. (4) A person may make a record of confidential information or disclose it to another person— (a) for this Act; or (b) to discharge a function under another law; or (c) for a proceeding in a court or QCAT; or (d) if authorised by a court or QCAT in the interests of justice; or (e) if required or permitted by law; or (f) for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates. (5) In this section— confidential information— (a) includes information about a person's affairs; but (b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. 49 Protection from liability (1) An official does not incur civil liability for an act or omission done honestly and without negligence under this Act. (2) A liability that would, apart from this section, attach to an official attaches instead to the State. (3) In this section— official means— (a) the chief executive; or (b) a public service employee. 49A False or misleading documents (1) A person must not give to the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the chief executive of the extent to which the document is false or misleading; and (b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information. 50 Offences are summary offences An offence against this Act is a summary offence. 51 Evidentiary provisions (1) This section applies to any proceeding under this Act. (2) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be. (3) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— (a) that a stated document is a licence or temporary permit or copy of a licence or temporary permit issued under this Act; (b) that on a stated day, or during a stated period, a person was or was not a licensee or a stated type of licensee; (c) that a licence— (i) was or was not issued for a stated term; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to conditions or a stated condition; (d) that on a stated day, or during a stated period, a person was or was not the holder of a temporary permit or a stated type of temporary permit; (e) that a temporary permit— (i) was or was not issued for a stated event; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to conditions or a stated condition; (f) that a document is a copy of a record kept under this Act. 52 Delegation by chief executive (1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified public service employee. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example— a person's classification level in the public service 53 Approved forms (1) The chief executive may approve a form for the purposes of this Act. (2) If the chief executive approves a form for a purpose, the form must be used for the purpose. (3) A person may request the chief execu