Western Australia: Security and Related Activities (Control) Act 1996 (WA)

Western Australia Security and Related Activities (Control) Act 1996 Western Australia Security and Related Activities (Control) Act 1996 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: employment 1 4A. Term used: prohibited person 1 4B. Term used: finding of guilt 1 5. Police officers etc. not required to be licensed etc. 1 6. Regulations may provide for exemptions 1 Part 2 — Administration 7. Compliance and licensing officers 1 7A. Cards to identify compliance and licensing officers 1 8. Secrecy 1 8A. Disclosure of exempted matter under Freedom of Information Act 1992 1 9. Protection from liability 1 9A. Delegation by Commissioner 1 10. Commissioner to keep register of licences 1 10A. Information relevant to section 79A may be given to holder of agent's licence 1 Part 3 — Licensing of security activities Division 1 — Definitions 11. Term used: security agent 1 12. Term used: security officer 1 13. Term used: security consultant 1 14. Term used: security installer 1 14A. Term used: security bodyguard 1 Division 2 — Licensing and related requirements 15. Security agents to be licensed 1 16. Security officers to be licensed 1 17. Security consultants to be licensed 1 18. Security installers to be licensed 1 18A. Security bodyguards to be licensed 1 19. Security officers to be employed by security agent 1 20. Unlicensed person not to be employed as security officer etc. 1 21. Advertising 1 Division 3 — Authority to be in possession of firearms or batons 22. Term used: possession 1 23. Security officers, possession of firearms 1 24. Endorsement for escort of money etc. 1 25. Permits for particular occasions 1 26. Security officers, possession of batons 1 Part 4 — Licensing of inquiry activities Division 1 — Definitions 27. Term used: inquiry agent 1 28. Term used: investigator 1 Division 2 — Licensing and related requirements 29. Inquiry agents to be licensed 1 30. Investigators to be licensed 1 31. Investigators to be employed by inquiry agent 1 32. Unlicensed person not to be employed as investigator 1 33. Advertising 1 Part 5 — Licensing of crowd control activities Division 1 — Definitions 34. Term used: crowd control agent 1 35. Term used: crowd controller 1 Division 2 — Licensing and related requirements 36. Crowd control agents to be licensed 1 37. Crowd controllers to be licensed 1 38. Crowd controllers to be employed by crowd control agent 1 39. Unlicensed person not to be employed as crowd controller 1 40. Advertising 1 Part 6 — Control of armed bodyguards 41. Authorisation of armed bodyguards 1 42. Revocation etc. of authorisation 1 Part 6A — Temporary licences for interstate visitors 42A. Temporary licence — security activities 1 42B. Temporary licence — agent services 1 Part 7 — Licensing procedures Division 1 — Who may hold licence 43. Natural persons only to be licensed 1 44. Residence requirements for licences on behalf of partnership etc. 1 45. Automatic termination of licence held on behalf of partnership etc. 1 Division 2 — Applications for issue and renewal of licences 46. Application for licence 1 47. Material to support application for licence 1 48. Taking of fingerprints and palm prints 1 49. How and when to apply for renewal 1 50. Material to support application for renewal 1 51. False or misleading information 1 Division 3 — Issue and renewal of licences 52. Issue of licences 1 52A. Matters to be taken into account in deciding whether to issue licence 1 53. Exemption from section 52(1)(g)(i) 1 55. Refusal of renewal 1 56. Issue and renewal of licences held on behalf of partnerships and bodies corporate 1 57. Notice of refusal to issue or renew licence 1 58. Form of licences 1 60. Duration of licences 1 61. Identity cards 1 62. Conditions and restrictions 1 63. Regulations may prescribe conditions and restrictions 1 64. Breach of condition or restriction 1 65. Licences not transferable 1 66. Issue of duplicate licence or identity card 1 Division 4 — Disciplinary proceedings 66A. Term used: licensee 1 67. Power to revoke licence 1 67A. Summary power to revoke and suspend licences 1 67B. Return of revoked licence and identity card 1 68. Cancellation of endorsement 1 68A. Consent to release information 1 69. Courts may revoke licence 1 70. Returns by courts 1 Division 5 — Review of licensing decisions 72. Application for review 1 74. Suspension of licence by State Administrative Tribunal 1 Part 8 — Further obligations of licensees 75. Production of licence 1 76. Return of licence 1 77. Change of address of licensee 1 77A. Licensee to give notice about offences 1 78. Records to be kept 1 79. Disposal of licence to another 1 79A. Certain unlicensed persons not to be employed in agent's business 1 Part 9 — Random drug testing 79B. Term used: licensee 1 80. Licensee may be directed to provide blood or urine for analysis 1 81. Licence may be revoked 1 82. Cost of test may be recovered 1 83. Regulations relating to drug tests 1 Part 10 — Miscellaneous Division 1 — Records 84. Records to be kept by person who engages crowd controller 1 85. Inspection of records 1 86. Police may retain records for certain purposes 1 87. Obstruction of police 1 Division 2 — Legal proceedings 88. Designated persons 1 88A. Infringement notices 1 88B. Withdrawal of infringement notice 1 88C. Benefit of paying modified penalty 1 88D. No admission implied by payment 1 88E. Application of penalties collected 1 89. Liability of partners and bodies corporate 1 90A. Liability of agent for licensee 1 91. Liability of employer of crowd controller for damages 1 92. Evidentiary provisions 1 93. Onus of proof 1 Division 3 — General provisions 93A. Licensee to provide name of agent 1 94. Regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Security and Related Activities (Control) Act 1996 An Act to provide for the licensing of persons engaged in work relating to — • the protection of persons and property; • investigation or surveillance; and • crowd control, and of agents who supply the services of persons to carry out such work, to prohibit unauthorised persons from acting as armed bodyguards, and for related purposes. [Long title amended: No. 4 of 2008 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Security and Related Activities (Control) Act 1996. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used In this Act, unless the contrary intention appears — agent's licence means a security agent's licence, an inquiry agent's licence and a crowd control agent's licence; approved, in relation to a form, means approved by the Commissioner; class, in relation to a security consultant's licence or a security installer's licence, means a class prescribed in relation to that licence; Commissioner means the person for the time being holding or acting in the office of Commissioner of Police under the Police Act 1892; compliance officer means a compliance officer appointed under section 7(1)(a); court includes a court (however described) of a foreign jurisdiction; crowd control agent has the meaning given by section 34; crowd control agent's licence means a licence issued for the purposes of section 36; crowd controller has the meaning given by section 35; crowd controller's licence means a licence issued for the purposes of section 37; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; disqualifying offence means an offence of a kind prescribed as being a disqualifying offence; finding of guilt has the meaning given in section 4B; firearm has the meaning given by section 4 of the Firearms Act 1973; identity card means an identity card issued under section 61; inquiry agent has the meaning given by section 27; inquiry agent's licence means a licence issued for the purposes of section 29; investigator has the meaning given by section 28; investigator's licence means a licence issued for the purposes of section 30; licence means a licence under this Act; licensee means a person who holds a licence; licensing officer means a licensing officer appointed under section 7(1)(b); officer, in relation to a body corporate, means — (a) a director or secretary of the body; (b) a person in accordance with whose directions or instructions the directors of the body are accustomed to act; and (c) a person who is concerned in the management of the body, whether as an employee or in any other capacity; police force, in sections 5(1)(b), 41(1) and 63(2)(b), means a police force of the Commonwealth, of this State or any other State, or of any Territory; prohibited person has the meaning given in section 4A; relevant body means — (a) a police force of the Commonwealth, of this State, of another State or of a Territory; or (b) another body established, or continued, for a public purpose and prescribed for the purpose of this definition; relevant conduct, in relation to a person who is, or was, a member, officer or employee of a relevant body, means actual or suspected conduct in the nature of criminal or corrupt activity by the person while a member, officer or employee of the relevant body; remuneration includes any forbearance or other valuable consideration; security agent, security bodyguard, security consultant, security installer and security officer have the meanings given to them by Division 1 of Part 3; security agent's licence means a licence issued for the purposes of section 15; security bodyguard's licence means a licence issued for the purposes of section 18A; security consultant's licence means a licence issued for the purposes of section 17; security installer's licence means a licence issued for the purposes of section 18; security officer's licence means a licence issued for the purposes of section 16; supplies, in relation to services, includes — (a) undertaking to supply; (b) advertising or in any way holding out that the person is willing to supply; (c) supplying part‑time or from time to time; or (d) supplying in conjunction with some other business or activity; temporary licence means a licence referred to in section 42A or 42B. [Section 3 amended: No. 4 of 2008 s. 5.] 4. Term used: employment In this Act references to employment are to employment under a contract of service or apprenticeship. 4A. Term used: prohibited person (1) In this Act, a person is a prohibited person — (a) if there has been a finding of guilt in relation to a disqualifying offence committed by the person; and (b) during the disqualifying period prescribed in respect of the offence. (2) Subsection (1) applies to a person in respect of a finding of guilt made on, or after, 1 January 1996. (3) A disqualifying period may be prescribed to apply in respect of — (a) all disqualifying offences; or (b) a particular kind of disqualifying offence, or particular kinds of disqualifying offences; or (c) disqualifying offences of a particular class or description, including offences described by reference to the type of finding of guilt that applies in relation to the offences. [Section 4A inserted: No. 4 of 2008 s. 6.] 4B. Term used: finding of guilt (1) In this Act, a reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following — (a) a court making a formal finding of guilt in relation to the offence; (b) a court convicting the person of the offence, if there has been no formal finding of guilt before conviction; (c) a court accepting a plea of guilty from the person in relation to the offence; (d) a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or a finding under equivalent provisions of the laws of another jurisdiction; (e) a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under provisions of the laws of another jurisdiction. (2) For the purposes of this Act — (a) a reference to a finding of guilt does not include a finding of guilt that is subsequently quashed or set aside by a court; and (b) a reference to a conviction includes a reference to a spent conviction. (3) For the purposes of subsection (2)(b), the conviction of a prohibited person becomes spent if, under a law in any jurisdiction, the prohibited person is permitted not to disclose the fact that a finding of guilt has been made in relation to the offence. [Section 4B inserted: No. 4 of 2008 s. 6; amended: No. 10 of 2023 s. 401 and 412.] 5. Police officers etc. not required to be licensed etc. (1) While a person is performing official duties as — (a) a member of the Commonwealth Defence Forces; or (b) an officer of a police force, he or she is not required to comply with Parts 3, 4, 5 and 6. (2) While a person is performing official duties as a public officer of the Commonwealth, of this State or any other State, or of any Territory he or she is not required to comply with Part 3, other than Division 3, or with Parts 4 and 5. (3) In subsection (2) public officer means a person who is employed by the Crown or by a body that is an agent of the Crown. 6. Regulations may provide for exemptions (1) The regulations may exempt from any provision of this Act — (a) any specified class of persons; (b) persons carrying out specified duties; or (c) persons carrying out duties at any specified place, event or function or specified class of place, event or function. (2) The regulations may provide — (a) for circumstances in which, and conditions subject to which, an exemption is to apply; and (b) that an exemption is of no effect at any time when any condition to which it is subject is not being observed. Part 2 — Administration 7. Compliance and licensing officers (1) The Commissioner is to appoint from officers of the Department such number of — (a) compliance officers; and (b) licensing officers, as are required for the purposes of this Act. (2) In any proceedings for an offence against this Act, proof is not required of any appointment under subsection (1) or the terms of an appointment. (3) Anything done by a compliance officer or a licensing officer for the purposes of this Act is to be taken to be within his or her authority unless the contrary is shown. [Section 7 amended: No. 4 of 2008 s. 7.] 7A. Cards to identify compliance and licensing officers (1) The Commissioner is to issue a card to each compliance officer and each licensing officer for the purpose of identifying the officer. (2) A card referred to in subsection (1) must — (a) include a statement to the effect that the person identified by the card is a compliance officer or a licensing officer, as is relevant, under this Act; and (b) include a photograph of the person identified by the card. (3) If a person to whom a card is issued under this section ceases to be a compliance officer or a licensing officer, the person must immediately return the card to the Commissioner. Penalty: a fine of $2 000. (4) A compliance officer or a licensing officer is to produce the card issued to the officer under this section for inspection if requested to do so by — (a) a police officer; or (b) a person in respect of whom a power under section 61, 75, 85 or 86 is being exercised by the compliance officer or licensing officer. [Section 7A inserted: No. 4 of 2008 s. 8.] 8. Secrecy (1) Except as provided in this section, a person must not record, use or divulge any information obtained by reason of any function that person has, or at any time had, in the administration of this Act or an Act repealed by section 95(1). Penalty: a fine of $15 000. (2) Subsection (1) does not apply to the recording, use or divulging of information — (a) in the course of duty; (b) under this Act or another law; (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; or (d) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) Subsection (1) does not apply to the recording, use or divulging of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates. [Section 8 amended: No. 4 of 2008 s. 80(2).] 8A. Disclosure of exempted matter under Freedom of Information Act 1992 A person who has exercised, or intends to exercise, a power under this Act affecting another person is not required under any enactment or other law to give to that person notice of the grounds on which, or the reasons for which, the power is, or will be, exercised if giving that notice would involve the disclosure of information that is exempt matter under the Freedom of Information Act 1992 Schedule 1 clause 5. [Section 8A inserted: No. 4 of 2008 s. 9.] 9. Protection from liability The Commissioner, a member of the police force or an officer of the Department is not liable in civil proceedings for anything done or omitted to be done, in good faith, in the performance or purported performance of a function under this Act. 9A. Delegation by Commissioner (1) The Commissioner may delegate any of the following powers or duties of the Commissioner — (a) to approve a form under section 46 or 49; or (b) a power or duty under section 10A, 47(1)(b), 58, 63(2)(a) or 80, as is specified in the delegation, to — (c) an officer of the Department; or (d) a police officer who is specified, or is of a rank specified, in the delegation. (2) The Commissioner may delegate any power or duty of the Commissioner under section 67, 67A or 81 as is specified in the delegation, to an officer of the Department. (3) The delegation must be in writing signed by the Commissioner. (4) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (5) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent. [Section 9A inserted: No. 4 of 2008 s. 10.] 10. Commissioner to keep register of licences (1) The Commissioner is to cause to be kept, in a form determined by the Commissioner, a register of the following information in relation to each licence issued — (a) the type and, where relevant, the class, of licence; (b) the name and business address of the licensee and where the licence is held on behalf of a partnership or body corporate, the name (including, where relevant, the business name) and address of the partnership or body corporate; (c) the expiry date of the licence; (d) any condition, restriction or endorsement that applies to the licence; and (e) such other particulars as may be prescribed. (2) A licensing officer is to allow any person to inspect the register on payment of the prescribed fee (if any). (3) On application being made to the Commissioner in respect of a licence, and payment of the prescribed fee, a licensing officer shall issue a certified copy of an entry in the register relating to that licence. [Section 10 amended: No. 4 of 2008 s. 11.] 10A. Information relevant to section 79A may be given to holder of agent's licence The Commissioner may, by notice in writing given to a person who holds an agent's licence, inform that person that section 79A(2) applies in respect of an employee of that person. [Section 10A inserted: No. 4 of 2008 s. 12.] Part 3 — Licensing of security activities Division 1 — Definitions 11. Term used: security agent A security agent is a person who supplies the services of — (a) security officers; or (b) security consultants; or (c) security installers; or (d) security bodyguards. [Section 11 amended: No. 4 of 2008 s. 13.] 12. Term used: security officer (1) A security officer is a person who for remuneration watches, guards or protects any property. (2) A person employed by one employer only, who is not a security agent, to watch, guard or protect the property of that employer is not within the definition in subsection (1) unless the person is in possession of a firearm or baton while carrying out his or her duties. 13. Term used: security consultant A security consultant is a person who carries out all, or any, of the following activities — (a) for remuneration investigates or advises on matters relating to the watching, guarding or protection of property; (b) goes from place to place seeking out persons who may be prepared to enter into contracts for the supply of any of the goods mentioned in section 14. [Section 13 amended: No. 4 of 2008 s. 14.] 14. Term used: security installer (1) A security installer is a person who for remuneration installs, maintains or repairs all, or any, of the following — (a) safes; (b) vaults; (c) security alarms; (d) locks of a prescribed kind; (e) security doors of a prescribed kind; (f) closed circuit television equipment for security purposes; (g) any other prescribed equipment or device. (2) The definition in subsection (1) does not include a person who installs, maintains or repairs any equipment or device in a vehicle, vessel, aircraft or other means of conveyance. (3) Regulations made for the purpose of subsection (1) may adopt by reference any Australian Standard with or without variations and either as in force at a particular time or as amended from time to time. [Section 14 amended: No. 4 of 2008 s. 15.] 14A. Term used: security bodyguard A security bodyguard is a person who for remuneration escorts another person as a guard or protector. [Section 14A inserted: No. 4 of 2008 s. 16.] Division 2 — Licensing and related requirements 15. Security agents to be licensed A person must not act as a security agent except under the authority of a security agent's licence. Penalty: a fine of $15 000. [Section 15 amended: No. 4 of 2008 s. 80(2).] 16. Security officers to be licensed A person must not act as a security officer except under the authority of a security officer's licence. Penalty: a fine of $15 000. [Section 16 amended: No. 4 of 2008 s. 80(2).] 17. Security consultants to be licensed (1) A person must not act as a security consultant except under the authority of a security consultant's licence. (2) A person must not carry out such activities of a security consultant that a person holding a particular class of security consultant's licence is authorised to carry out except under the authority of a security consultant's licence of that class. Penalty: a fine of $15 000. [Section 17 amended: No. 4 of 2008 s. 17.] 18. Security installers to be licensed (1) A person must not act as a security installer except under the authority of a security installer's licence. (2) A person must not carry out such activities of a security installer that a person holding a particular class of security installer's licence is authorised to carry out except under the authority of a security installer's licence of that class. Penalty: a fine of $15 000. [Section 18 amended: No. 4 of 2008 s. 18.] 18A. Security bodyguards to be licensed A person must not act as a security bodyguard except under the authority of a security bodyguard's licence. Penalty: a fine of $15 000. [Section 18A inserted: No. 4 of 2008 s. 19.] 19. Security officers to be employed by security agent (1) A person who is licensed as a — (a) security officer; or (b) security consultant; or (c) security installer; or (d) security bodyguard, must not act as such unless he or she does so as an employee of a security agent. Penalty: a fine of $15 000. (2) Subsection (1) does not apply to a licensed security agent who is acting under the authority of a licence referred to in section 16, 17, 18 or 18A, as is relevant. (3) Where a security agent's licence is held by a natural person on behalf of a partnership or a body corporate, references in subsection (1) to a security agent include references to the partnership or the body corporate. [Section 19 amended: No. 4 of 2008 s. 20 and 80(2).] 20. Unlicensed person not to be employed as security officer etc. (1) A person must not employ as a — (a) security officer a person who does not hold a security officer's licence; or (b) security consultant a person who does not hold a security consultant's licence; or (c) security installer a person who does not hold a security installer's licence; or (d) security bodyguard a person who does not hold a security bodyguard's licence. (2) A person must not employ a person to carry out any activity as a security officer, security consultant, security installer or security bodyguard unless the person holds a licence authorising the person to carry out the activities the person is employed to carry out. Penalty: a fine of $15 000. [Section 20 inserted: No. 4 of 2008 s. 21.] 21. Advertising (1) A person must not advertise or in any way hold out that he or she is willing to supply the services of — (a) security officers; or (b) security consultants; or (c) security installers; or (d) security bodyguards, unless the person holds a security agent's licence. Penalty: a fine of $15 000. (2) For the purposes of subsection (1) a person is to be treated as holding a security agent's licence if such a licence is held on the person's behalf under section 43(2). [Section 21 amended: No. 4 of 2008 s. 22 and 80(2).] Division 3 — Authority to be in possession of firearms or batons 22. Term used: possession In this Division — possession means actual possession. 23. Security officers, possession of firearms A licensed security officer must not be in possession of a firearm while engaged in activities authorised by the licence unless — (a) his or her licence is endorsed under section 24 to authorise such possession; and (b) he or she complies with — (i) the terms of the endorsement and any permit held by the officer under section 25; and (ii) any condition or restriction to which the endorsement or permit is subject. Penalty: a fine of $15 000. [Section 23 amended: No. 4 of 2008 s. 23 and 80(2).] 24. Endorsement for escort of money etc. (1) A security officer's licence may be endorsed by a licensing officer to authorise the security officer to be in possession of a firearm while engaged in one or more of the following — (a) the escort of money or articles of value; (b) any other prescribed activity, but not otherwise. (2) An endorsement under subsection (1) may be made on the issue of a security officer's licence or on an application under regulations referred to in subsection (5). (3) Without limiting section 62 a licensing officer may make an endorsement under subsection (1) subject to any condition or restriction, including any condition or restriction relating to the type of vehicle that may be used in connection with an escort of money or articles of value where a security officer involved in the escort is in possession of a firearm. (4) The requirements of this section are in addition to the requirements of the Firearms Act 1973. (5) Regulations made under section 94(1) may — (a) make provision for and in respect of applications for an endorsement under this section; and (b) require a security officer whose licence is endorsed under this section to undergo prescribed medical examinations in prescribed circumstances or at prescribed times. [Section 24 amended: No. 4 of 2008 s. 24.] 25. Permits for particular occasions (1) A licensing officer may on application issue a permit to a security officer authorising that officer to be in possession of a firearm for a specified period at a specified place while guarding or protecting money or articles of value otherwise than during an escort. (1a) A permit under this section may be issued only to a security officer whose licence is endorsed under section 24. (2) A permit under this section may only be issued for a particular display or other special occasion. (3) Such a permit is to specify — (a) the period during which it is in force; (b) the place to which it applies; and (c) the conditions and restrictions to which it is subject. (4) The requirements of this section are in addition to the requirements of the Firearms Act 1973. (5) Regulations made under section 94(1) may make provision for and in respect of applications for permits under this section. [Section 25 amended: No. 4 of 2008 s. 25.] 26. Security officers, possession of batons (1) Except as provided in this section, a security officer's licence does not authorise the holder to be in possession of a baton while engaged in activities authorised by the licence. (2) The holder of a security officer's licence may, subject to this section, be in possession of a baton while engaged in activities authorised by the licence if — (a) his or her licence is endorsed under subsection (3) to permit such possession; and (b) the baton is of a type approved by the Commissioner by order published in the Gazette. (3) A security officer's licence may be endorsed by a licensing officer to permit the security officer to be in possession of a baton while engaged in activities authorised by the licence. (4) An endorsement under subsection (3) may be made on the issue of a security officer's licence or on an application under regulations referred to in subsection (6). (5) Without limiting section 62 a licensing officer may make an endorsement under subsection (3) subject to any condition or restriction. (6) Regulations made under section 94 may make provision for and in respect of applications for an endorsement under this section. Part 4 — Licensing of inquiry activities Division 1 — Definitions 27. Term used: inquiry agent An inquiry agent is a person who supplies the services of investigators. 28. Term used: investigator (1) An investigator is a person who for remuneration conducts — (a) investigations into the conduct of individuals or bodies corporate or the character of individuals; (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons. (2) Investigations carried out by the following persons are not within paragraph (a) of the definition in subsection (1) — (a) any legal practitioner while acting in the ordinary course of his or her profession as such; (b) any clerk of such a practitioner acting in the ordinary course of the practitioner's profession; (c) any body corporate authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business, while acting in the ordinary course of that business; (d) any employee of a body corporate referred to in paragraph (c) while acting in the ordinary course of his or her employer's insurance business; or (e) any other prescribed person, or person belonging to a prescribed class of persons, while acting in any prescribed circumstances. [Section 28 amended: No. 65 of 2003 s. 65; No. 21 of 2008 s. 703; No. 9 of 2022 s. 424.] Division 2 — Licensing and related requirements 29. Inquiry agents to be licensed A person must not act as an inquiry agent except under the authority of an inquiry agent's licence. Penalty: a fine of $15 000. [Section 29 amended: No. 4 of 2008 s. 80(2).] 30. Investigators to be licensed A person must not act as an investigator except under the authority of an investigator's licence. Penalty: a fine of $15 000. [Section 30 amended: No. 4 of 2008 s. 80(2).] 31. Investigators to be employed by inquiry agent (1) A person who is licensed as an investigator must not act as such unless he or she does so as an employee of an inquiry agent. Penalty: a fine of $15 000. (2) Subsection (1) does not apply to a licensed inquiry agent who also holds an investigator's licence. (3) Where an inquiry agent's licence is held by a natural person on behalf of a partnership or a body corporate, references in subsection (1) to an inquiry agent include references to the partnership or the body corporate. [Section 31 amended: No. 4 of 2008 s. 26 and 80(2).] 32. Unlicensed person not to be employed as investigator A person must not employ as an investigator a person who does not hold an investigator's licence. Penalty: a fine of $15 000. [Section 32 amended: No. 4 of 2008 s. 80(2).] 33. Advertising (1) A person must not advertise or in any way hold out that he or she is willing to supply the services of investigators unless the person holds an inquiry agent's licence. Penalty: a fine of $15 000. (2) For the purposes of subsection (1) a person is to be treated as holding an inquiry agent's licence if such a licence is held on the person's behalf under section 43(2). [Section 33 amended: No. 4 of 2008 s. 80(2).] Part 5 — Licensing of crowd control activities Division 1 — Definitions 34. Term used: crowd control agent A crowd control agent is a person who supplies the services of crowd controllers. 35. Term used: crowd controller (1) A crowd controller is a person who in respect of any licensed premises, place of entertainment, or public or private event or function, as part of his or her regular duties, performs for remuneration any function of — (a) controlling or monitoring the behaviour of persons; (b) screening persons seeking entry; or (c) removing persons for behavioural reasons, or any other prescribed function. (2) In subsection (1) licensed premises has the meaning given by section 3(1) of the Liquor Control Act 1988. [Section 35 amended: No. 73 of 2006 s. 114.] Division 2 — Licensing and related requirements 36. Crowd control agents to be licensed A person must not act as crowd control agent except under the authority of a crowd control agent's licence. Penalty: a fine of $15 000. [Section 36 amended: No. 4 of 2008 s. 80(2).] 37. Crowd controllers to be licensed A person must not act as a crowd controller except under the authority of a crowd controller's licence. Penalty: a fine of $15 000. [Section 37 amended: No. 4 of 2008 s. 80(2).] 38. Crowd controllers to be employed by crowd control agent (1) A person who is licensed as a crowd controller must not act as such unless he or she does so as an employee of a crowd control agent. Penalty: a fine of $15 000. (2) Subsection (1) does not apply to a licensed crowd control agent who also holds a crowd controller's licence. (3) Where a crowd control agent's licence is held by a natural person on behalf of a partnership or a body corporate, references in subsection (1) to a crowd control agent include references to the partnership or the body corporate. [Section 38 amended: No. 4 of 2008 s. 27 and 80(2).] 39. Unlicensed person not to be employed as crowd controller A person must not employ as a crowd controller a person who does not hold a crowd controller's licence. Penalty a fine of $15 000. [Section 39 amended: No. 4 of 2008 s. 80(2).] 40. Advertising (1) A person must not advertise or in any way hold out that he or she is willing to supply the services of crowd controllers unless the person holds a crowd control agent's licence. Penalty: a fine of $15 000. (2) For the purposes of subsection (1) a person is to be treated as holding a crowd control agent's licence if such a licence is held on the person's behalf under section 43(2). [Section 40 amended: No. 4 of 2008 s. 80(2).] Part 6 — Control of armed bodyguards 41. Authorisation of armed bodyguards (1) A person, not being an officer of a police force, must not act as an armed security bodyguard except — (a) under and in accordance with a written authority given by the Commissioner with the approval of the Minister; or (b) as authorised by or under a written law of the Commonwealth. Penalty: a fine of $15 000. (2) For the purposes of subsection (1), a person is an armed security bodyguard if the person while in actual possession of a firearm escorts another person as a guard or protector, and whether or not he or she does so in any other capacity. (3) An authority under subsection (1)(a), may be given subject to any condition or restriction. [Section 41 amended: No. 4 of 2008 s. 28 and 80(2).] 42. Revocation etc. of authorisation (1) An authority under section 41(1)(a) — (a) may be amended or revoked by the Commissioner with the approval of the Minister at any time by written notice given to the holder of the authority; or (b) may be suspended for 7 days by oral notice given to the holder of the authority by a police officer. (2) A police officer may give oral notice under subsection (1)(b) only if he or she is satisfied that there is a significant risk to the safety of any person if the authority continues in force. (3) Unless it is sooner revoked under subsection (1)(a), an authority that is suspended under subsection (1)(b) has effect again on the expiration of the period of suspension. Part 6A — Temporary licences for interstate visitors [Heading inserted: No. 4 of 2008 s. 29.] 42A. Temporary licence — security activities (1) A person who ordinarily resides in another State or Territory may apply, in accordance with section 46, for a licence (a temporary licence) to carry out in Western Australia any activity, or activities, as a crowd controller, investigator, security bodyguard, security consultant, security officer or security installer that may be authorised under this Act. (2) A temporary licence — (a) is to be granted for such period of time of not more than one year as is specified in the licence; and (b) is not renewable. (3) The holder of a temporary licence under this section does not commit an offence under this Act while acting under and in accordance with that licence. [Section 42A inserted: No. 4 of 2008 s. 29.] 42B. Temporary licence — agent services (1) A person who ordinarily resides in another State or Territory may apply, in accordance with section 46, for a licence (a temporary licence) to supply in Western Australia any service, or services, as a security agent, inquiry agent or crowd control agent that may be authorised under this Act. (2) A temporary licence — (a) is to be granted for such period of time of not more than one year as is specified in the licence; and (b) is not renewable. (3) The holder of a temporary licence under this section does not commit an offence under this Act while acting under and in accordance with that licence. [Section 42B inserted: No. 4 of 2008 s. 29.] Part 7 — Licensing procedures Division 1 — Who may hold licence 43. Natural persons only to be licensed (1) A licence can only be issued to a natural person. (2) A natural person may hold an agent's licence on behalf of — (a) a partnership if the natural person is one of the partners; or (b) a body corporate if the natural person is an officer of the body, and any business under that licence may be transacted in the name of the partnership or body. 44. Residence requirements for licences on behalf of partnership etc. (1) Subject to subsection (2), a natural person who holds an agent's licence on behalf of a partnership or a body corporate must be a resident of the State. (2) A licensing officer may in writing exempt a partnership or body corporate from compliance with subsection (1), and may at any time revoke an exemption by notice in writing to the partnership or body corporate. 45. Automatic termination of licence held on behalf of partnership etc. (1) An agent's licence held by a person on behalf of a partnership terminates automatically if the person ceases to be one of the partners. (2) An agent's licence held by a person on behalf of a body corporate terminates automatically if the person ceases to be an officer of the body corporate. Division 2 — Applications for issue and renewal of licences 46. Application for licence (1) An application for the issue of a licence is to be — (a) made in the approved form; and (b) lodged in the prescribed manner; and (c) accompanied by the fee prescribed in respect of the licence. (2) A form approved under subsection (1) may include a requirement that the applicant's signature be witnessed by a person of a class specified in the form. [Section 46 amended: No. 4 of 2008 s. 30.] 47. Material to support application for licence (1) An application for the issue of a licence, other than a temporary licence, is to be accompanied by — (a) such evidence as is prescribed of the age and identity of the applicant; (b) photographs of the applicant in such number and form as the Commissioner may determine; (c) testimonials as to the applicant's character from 2 persons who have known the applicant for the whole of the 5 year period before the application was made; (d) in the case of an application for a security officer's licence with an endorsement under section 24 or 26, evidence that the applicant has passed any prescribed medical examination; (e) in the case of an application for an agent's licence, evidence that the applicant has sufficient financial resources to meet his or her financial obligations; (f) evidence that the person has — (i) except where section 53 applies, satisfactorily completed any course of training prescribed in respect of the licence; and (ii) passed any test or examination prescribed in respect of the licence; (g) in the case of an application for an agent's licence to be held on behalf of a partnership or body corporate — (i) where relevant, proof of the business name; (ii) where relevant, proof of incorporation; (iii) evidence that the applicant is a resident of the State; and (iv) written confirmation from one of the other partners or one of the body's directors, as the case requires, that the applicant is authorised by the partnership or the body to make the application; and (h) other evidence of a nature or in a form that is prescribed. (2) An application by a person is to state an address for service of notices and other documents that may be required to be served on the person under this Act whether as applicant or licensee. (2a) An application for the issue of a temporary licence is to be accompanied by — (a) such evidence as is prescribed of the age and identity of the applicant; and (b) evidence that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry out the activity or activities for which the licence is sought; and (c) other evidence of a nature or in a form that is prescribed. (2b) If requested by a licensing officer to do so, the applicant must do everything that is, in the opinion of the licensing officer, within the applicant's power to procure or facilitate the release to the licensing officer of all information held by a relevant body concerning relevant conduct by — (a) the applicant; or (b) a natural person who is relevant to the application under section 56. (2c) Subsection (2b) applies in respect of an applicant even if the application for the licence was made before the commencement of the Security and Related Activities (Control) Amendment Act 2008 section 31, unless the application has been refused, or the licence issued, before that time. (3) The applicant must also provide such other information and evidence as a licensing officer may require for the proper consideration of a particular application, including all or any of the following — (a) further information and evidence that the licensing officer reasonably needs to establish the applicant's identity; (b) if the applicant is a relevant applicant, information as to all or any of the following — (i) the country, or countries, in which the applicant has spent time during the period of 5 years commencing immediately before the making of the application; (ii) the length of time the applicant spent in that country, or those countries; (iii) the reason why the applicant spent time in that country, or those countries; (iv) the persons that the applicant associated with in that country, or those countries; (v) the background, and the reputation, honesty and integrity of, any such persons; (c) if the applicant is a relevant applicant, a record of the criminal convictions, if any, of the applicant for offences under the law of any country, or countries, in which the applicant spent time during the period of 5 years commencing immediately before the making of the application, provided by a competent authority of the government of that country. (4) In subsection (3) — relevant applicant means an applicant who — (a) has spent more than 12 consecutive months outside Australia during the period of 5 years commencing immediately before the making of the application; or (b) has not been a resident of Australia for the whole of the period of 5 years commencing immediately before the making of the application. [Section 47 amended: No. 4 of 2008 s. 31.] 48. Taking of fingerprints and palm prints (1) Subject to subsection (1a), a licensing officer may in writing require any of the following persons to attend at a place and there have his or her fingerprints and palm prints taken by a member of the police force or an officer of the Department — (a) a person who has applied for a licence; or (b) a person who has applied for — (i) the renewal of a licence; or (ii) a permit under section 25; or (iii) an endorsement under section 24 or 26, if the person has not previously had his or her fingerprints and palm prints taken under this section, or if such prints previously taken under this section have been destroyed at the person's election. (1a) A requirement under subsection (1) may be made orally if the person is present at the place where the fingerprints and palm prints are to be taken. (2) The grant of a licence, permit or endorsement referred to in subsection (1) may be refused if the person of whom a requirement under subsection (1) is made fails to comply with it. (2a) An application — (a) for the issue of a licence, permit or endorsement; or (b) for the renewal of a licence, is to set out an election to be made by the applicant as to whether any fingerprints and palm prints taken from the applicant under this section, and any copy of them — (c) can be kept by the Commissioner indefinitely; or (d) are to be dealt with in accordance with subsections (3) and (4). (2b) The fingerprints and palm prints of an applicant who makes an election referred to in subsection (2a)(c) are to be kept by the Commissioner in accordance with that election and, unless the applicant subsequently changes the election, subsections (3) and (4) do not apply in respect of those prints or copies. (2c) Before making an election referred to in subsection (2a) the applicant is to be informed as to the following matters — (a) that the prints taken may be compared with or put in a forensic database, within the meaning of the Criminal Investigation (Identifying People) Act 2002; (b) that the prints taken may provide evidence that could be used in court against the applicant; (c) that the applicant may subsequently change an election made under subsection (2a) by notifying the Commissioner; (d) that the applicant may get legal advice before deciding whether or not to have the prints taken and making an election under subsection (2a); (e) such other matters as may be prescribed. (2d) The information in subsection (2c) may be provided in writing. (3) If an election is made under subsection (2a)(d), then the Commissioner is to cause fingerprints and palm prints taken under this section and any copy of them to be destroyed — (a) if the relevant licence, permit or endorsement is not granted; or (b) when the relevant licence, permit or endorsement no longer has effect. (4) If a review is available under section 72, the destruction of fingerprints and palm prints under subsection (3) is not required until — (a) the time for applying for a review has expired; and (b) if an application for a review is made, it has been determined in a way that does not result in the grant or continuation of the relevant licence, permit or endorsement. (5) If a person subsequently changes an election made under subsection (2a) and elects that prints taken are to be dealt with in accordance with subsections (3) and (4), and the time for destroying the prints under those provisions has already passed, the Commissioner is to cause the prints and any copy of them to be destroyed as soon as is practicable after the election is changed. [Section 48 amended: No. 55 of 2004 s. 1069; No. 4 of 2008 s. 32.] 49. How and when to apply for renewal (1) An application for the renewal of a licence is to be — (a) made in an approved form; and (b) lodged in the prescribed manner; and (c) accompanied by the fee prescribed in respect of the licence. (2) A form approved under subsection (1) may include a requirement that the applicant's signature be witnessed by a person of a class specified in the form. (3) An application for the renewal of a licence is to be made no later than 28 days before the day on which the licence is due to expire or at such later time as the licensing officer, having regard to section 57(2), allows. [Section 49 amended: No. 4 of 2008 s. 33.] 50. Material to support application for renewal (1) An application for the renewal of a licence is to be accompanied by information of such a nature or in such a form as may be prescribed. (2) If requested by a licensing officer to do so, an applicant for renewal of a licence must do everything that is, in the opinion of the licensing officer, within the applicant's power to procure or facilitate the release to the licensing officer of all information held by a relevant body concerning relevant conduct by — (a) the applicant; or (b) a natural person who is relevant to the application under section 56. (3) Subsection (2) applies to an application lodged before, on or after the day on which the Security and Related Activities (Control) Amendment Act 2008 section 34, comes into operation unless the application has been refused, or the licence renewed, before that time. [Section 50 amended: No. 4 of 2008 s. 34.] 51. False or misleading information (1) A person must not, in relation to an application for the issue or renewal of a licence, give information orally or in writing that the person knows to be — (a) false or misleading in a material particular; or (b) likely to deceive in a material way. Penalty: a fine of $15 000. (2) Subsection (1) extends to the giving of information to a person who witnesses an applicant's signature as mentioned in sections 46(2) and 49(2). [Section 51 amended: No. 4 of 2008 s. 80(2).] Division 3 — Issue and renewal of licences 52. Issue of licences (1) A licensing officer is not to issue a licence, other than a temporary licence, unless the officer is satisfied — (a) that there is sufficient evidence of the applicant's identity; and (b) in the case of an agent's licence, a security officer's licence and a crowd controller's licence, that the applicant has attained the age of 18 years; and (c) that the applicant is of good character and is a fit and proper person to hold a licence; and (ca) that the applicant is not a prohibited person; and (cb) where there is a charge pending in relation to the applicant for a disqualifying offence, that extenuating circumstances exist; and (d) in the case of an agent's licence, that during the licence period there will be adequate management, supervision and control of the business that will be carried on under the licence; and (e) that during the licence period the applicant will be able to comply with any condition or restriction to which the licence is to be made subject; and (f) in the case of an agent's licence, that the applicant has sufficient financial resources to meet his or her financial obligations; and (g) that the applicant has — (i) except where section 53 applies, satisfactorily completed any course of training prescribed in respect of the licence; and (ii) passed any test or examination prescribed in respect of the licence; and (h) in the case of an application for a security officer's licence with an endorsement under section 24, that the applicant has passed any prescribed medical examination; and (i) in the case of an application for an agent's licence to be held on behalf of a partnership or body corporate, that, subject to section 44(2), the applicant is a resident of the State; and (j) that the application complies with such other requirements as may be prescribed; and (k) that there is no other good reason why the licence should not be issued. (2) A licensing officer is not to issue a temporary licence unless the officer is satisfied — (a) that there is sufficient evidence of the applicant's identity; and (b) that the applicant is not a prohibited person; and (c) where there is a charge pending in relation to the applicant for a disqualifying offence, that extenuating circumstances exist; and (d) that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry out the activity or activities for which the licence is sought; and (e) that the application complies with such other requirements as may be prescribed; and (f) that there is no other good reason why the licence should not be issued. (3) Section 52A and subsection (1)(b) and (c) do not limit the matters that a licensing officer may take into consideration for the purposes of subsection (1). [Section 52 amended: No. 4 of 2008 s. 35.] 52A. Matters to be taken into account in deciding whether to issue licence (1) In deciding whether, under section 52(1)(c), an applicant is of good character and is a fit and proper person to hold a licence, the licensing officer must take into consideration — (a) the reputation, honesty and integrity of — (i) the applicant; and (ii) where the licence is to be held on behalf of a partnership or body corporate, the partners of the partnership and the officers of the body corporate; and (b) the reputation, honesty and integrity of people with whom — (i) the applicant associates; and (ii) where the licence is to be held on behalf of a partnership or body corporate, the partners of the partnership and the officers of the body corporate associate. (2) A licence can be issued only if the licensing officer is satisfied that to issue the licence to the applicant would not be contrary to the public interest. [Section 52A inserted: No. 4 of 2008 s. 36.] 53. Exemption from section 52(1)(g)(i) (1) Section 52(1)(g)(i) does not apply to any applicant who is granted an exemption under subsection (2). (2) A licensing officer may in writing exempt an applicant for a licence from the requirements of section 52(1)(g)(i) and if the licence is granted may attach to the licence a condition that the person satisfactorily complete any course of training prescribed in respect of the licence within a specified period. (3) A licensing officer is not authorised under subsection (2) to exempt from the requirements of section 52(1)(g)(i) an applicant for a security officer's licence who has applied for an endorsement under section 24 or 26. [Section 53 amended: No. 4 of 2008 s. 37.] [54. Deleted: No. 4 of 2008 s. 38.] 55. Refusal of renewal (1) Subject to subsection (2), a licensing officer is not to renew an applicant's licence — (a) if in the officer's opinion there are sufficient grounds — (i) to make an allegation to the State Administrative Tribunal under section 67(1) in respect of the applicant; or (ii) for the exercise of the power to revoke the licence under section 67A(1)(a) or 81(1); or (iii) for the exercise of the power to suspend the licence under section 67A(2); or (b) if the officer is satisfied that the applicant is a prohibited person. (2) Despite subsection (1)(a)(i), a licensing officer may renew an applicant's licence if — (a) the allegation that may be made under section 67(1) is that there is proper cause for disciplinary action as mentioned in section 67(1a)(c), (d) or (e); and (b) the licensing officer is of the opinion that it is appropriate to do so in the circumstances of the particular case. [Section 55 inserted: No. 4 of 2008 s. 39.] 56. Issue and renewal of licences held on behalf of partnerships and bodies corporate Where an application is made for the issue or renewal of an agent's licence to be held on behalf of a partnership or body corporate, a licensing officer is not to issue or renew the licence unless the licensing officer is satisfied as to each of the matters referred to in section 52(1) or 55, as the case may be, in relation to each of the following persons who is relevant to the application — (a) the partnership and the partners; and (b) the body corporate; and (c) the officers of the body corporate; and (d) a person who would have a substantial holding in the body corporate under the definition of substantial holding in the Commonwealth Corporations Act 2001 section 9 if the reference in that definition to 5% were a reference to 25%. [Section 56 amended: No. 10 of 2001 s. 164; No. 4 of 2008 s. 40.] 57. Notice of refusal to issue or renew licence (1) Where a licensing officer refuses to issue a licence the officer, no later than 28 days after the decision is made, is to give written notice to the applicant setting out the decision and the reasons for the decision. (2) Where a licensing officer refuses to renew a licence the officer, no later than 14 days before the day on which the licence is due to expire, is to give written notice to the applicant setting out the decision and the reasons for the decision. 58. Form of licences (1) Subject to this Part, a licence is to be in such form as the Commissioner may determine. (2) The Commissioner may under subsection (1) determine that where more than one licence under a Part is issued to a person the licences may be combined in one document. [59. Deleted: No. 4 of 2008 s. 41.] 60. Duration of licences Subject to this Act, except for the first issue of a licence, a licence shall be issued or renewed — (a) for a period of 3 years, or such shorter period as is requested; or (b) for the duration of a special event or events, as is specified in the licence. [Section 60 amended: No. 4 of 2008 s. 42.] 61. Identity cards (1) A licensing officer may issue an identity card to a person to whom a licence is issued. (2) A licensee to whom an identity card has been issued under subsection (1) must, on request, immediately produce the card for inspection by — (a) a compliance officer or a police officer; or (b) any person for whom the licensee is performing services under the licence, and must have the card in his or her possession to enable this subsection to be complied with. Penalty: a fine of $200. (3) It is a defence to a charge under subsection (2) for a person to prove that he or she had a reasonable excuse for failing to produce the card or to have it in his or her possession or to do both of those things, as the case may be. [Section 61 amended: No. 4 of 2008 s. 43.] 62. Conditions and restrictions (1) A licensing officer may issue or renew a licence subject to conditions and restrictions set out in, or provided with, the licence. (2) A licensing officer may decide to make an existing licence subject to a new condition or restriction or to change or remove a condition or restriction to which an existing licence is subject, but in that case — (a) the officer, no later than 14 days after the decision is made, is to give written notice of the decision to the licensee; and (b) the decision does not take effect until 28 days after the decision is made, or at such later time as is set out in the notice. 63. Regulations may prescribe conditions and restrictions (1) Regulations made under section 94(1) may prescribe conditions and restrictions that are to be taken to be attached to — (a) all licences; (b) all licences of a particular class; or (c) all endorsements under section 24 or 26, unless otherwise provided by the licence or endorsement. (2) The conditions imposed under subsection (1) may include — (a) a condition requiring the wearing by a licensee of a uniform, of a type approved by the Commissioner, while performing functions authorised by the licence; (b) any condition designed to prevent a uniform worn by, or marking on a vehicle used by, a licensee being confusingly similar to a uniform or vehicle marking in use by a police force; (c) a condition that, if an identity card is issued to a licensee, the card is to be visibly displayed on the person of the licensee while he or she is engaged in activities authorised by the licence. 64. Breach of condition or restriction A person must not fail to comply with a condition or restriction attached to a licence. Penalty: a fine of $15 000. [Section 64 amended: No. 4 of 2008 s. 80(2).] 65. Licences not transferable A licence is not transferable. 66. Issue of duplicate licence or identity card If a licensing officer is satisfied that a licence or identity card has been lost or destroyed he or she may issue a duplicate licence or identity card on payment of the prescribed fee. Division 4 — Disciplinary proceedings [Heading inserted: No. 55 of 2004 s. 1071; amended: No. 4 of 2008 s. 44.] 66A. Term used: licensee In this Division — licensee includes a person referred to in section 67(1)(b). [Section 66A inserted: No. 4 of 2008 s. 45.] 67. Power to revoke licence (1) The Commissioner may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1a), against a person who — (a) holds a licence; or (b) held a licence when the conduct giving rise to the allegation occurred but who no longer holds a licence. (1a) There is proper cause for disciplinary action against a licensee — (a) if the licensee does not meet the requirements described in section 52(1)(c), (e), (f) or (i); or (b) where the licence is held on behalf of a partnership or body corporate, if the partnership and any of the partners or the body and any of the body's officers, as the case may be, does not meet the requirements described in section 52(1)(c), (d), (e) or (f); or (c) if there is power to cancel an endorsement on the licence under section 68; or (d) if the licensee has committed a breach of a code of conduct prescribed as being a proper cause for disciplinary action against a licensee under section 94(2); or (e) if the licensee or a person referred to in paragraph (b) has contravened, or failed to comply with — (i) a provision of this Act; or (ii) the licence or a condition or restriction to which the licence is subject; or (f) it would be contrary to the public interest if the licensee were to continue to be licensed. (2) If, in a proceeding commenced by an allegation under subsection (1) against a licensee, the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal — (a) may — (i) revoke the licence of the licensee; or (ii) cancel an endorsement on the licence under section 24 or 26; or (iii) suspend the operation of the licence for a particular period; and (b) if an order is made under paragraph (a), or the licensee is a person referred to in subsection (1)(b), order that the licensee be disqualified from holding — (i) a licence, or a licence of a particular type or class; or (ii) a licence, or a licence of a particular type or class, that is endorsed under section 24 or 26, for a particular period not exceeding 3 years. [Section 67 amended: No. 55 of 2004 s. 1072; No. 4 of 2008 s. 46.] 67A. Summary power to revoke and suspend licences (1) If the Commissioner — (a) is of the opinion that the safety or welfare of members of the public is or may be at risk from the continuance in force of a licence; or (b) is satisfied that a licensee is a prohibited person, the Commissioner must give to the licensee written notice of the revocation of the licence or, if paragraph (b) is applicable, of every licence held by the licensee — (c) stating the grounds on which the revocation is, or revocations are, made; and (d) in the case of the grounds set out in paragraph (a), advising that the Commissioner will refer the matter to the State Administrative Tribunal within 14 days of the making of the notice, and the licence, or licences, held by the licensee are revoked when the notice is received by the licensee. (2) If the Commissioner is satisfied that — (a) a security officer whose licence is endorsed under section 24 has, without reasonable excuse, refused or failed to undergo a prescribed medical examination or in any way obstructed the examination; or (b) a licensee has, without reasonable excuse, refused or failed to comply with a request made under section 68A(2); or (c) there is a charge pending in relation to a licensee for a disqualifying offence and that no extenuating circumstances exist, the Commissioner must give to the licensee written notice of the suspension of every licence held by the licensee — (d) stating that the li