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.]