Security and Related Activities (Control) Act 1996
Security and Related Activities (Control) Regulations 1997
Western Australia
Security and Related Activities (Control) Regulations 1997
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
4A.Method of giving things to Commissioner, Superintendent or licensing officer3
Part 2 — Exemptions
4.Act s. 37 (crowd controller’s licence), exemptions from5
5A.Some persons to whom Court Security and Custodial Services Act 1999 applies, exemption for5
5B.Some persons to whom Prisons Act 1981 Part IIIA applies, exemption for6
Part 3 — Security activities
6.Locks prescribed (Act s. 14(1)(d))7
7.Security doors prescribed (Act s. 14(1)(e))7
8.Equipment and devices prescribed (Act s. 14(1)(g))7
9.Activities prescribed (Act s. 24(1)(b))8
10.Application for endorsement (Act s. 24)8
11.Medical examinations prescribed (Act s. 24)9
12.Application for permit (Act s. 25)10
13.Application for endorsement (Act s. 26)10
Part 3A — Inquiry activities
13A.Investigations not within Act s. 28(1)(a)11
Part 4 — Licensing procedures
Division 1 — Licences other than temporary licences
14.Application for the issue of a licence (Act s. 46(1))13
14A.Training course in firearms discharge, approval of providers of13
15.Medical examination prescribed for security officers authorised to possess firearm (Act s. 47(1)(d) and 52(1)(h))15
16.Training courses prescribed (Act s. 47(1)(f)(i), 52(1)(g)(i) and 53(2))15
16A.Records required when baton training undertaken17
17.Examinations prescribed (Act s. 47(1)(f)(ii) and 52(1)(g)(ii))18
18.Evidence of age and identity prescribed (Act s. 47(1)(a))19
19.Manner of lodging application for renewal prescribed (Act s. 49(1))21
20.Material to support application for renewal of licence (Act s. 50(1))21
21.Conditions and restrictions prescribed (Act s. 63)21
Division 2 — Temporary licences
22.Manner of lodging application for temporary licence prescribed (Act s. 46(1))22
23.Evidence prescribed (Act s. 47(2a))22
Part 5A — Disqualifying offences and disqualifying periods
24.Disqualifying offences prescribed (Act s. 3)24
25.Disqualifying periods prescribed (Act s. 4A)24
Part 5 — Classes of licence
26.Security consultant’s licence, classes of26
27.Security installer’s licence, classes of27
Part 6 — Records
35.Records to be kept by security agent prescribed (Act s. 78(1)(a))28
36.Firearms register, content of28
37.Alarm surveillance register, content of29
38A.Guard dog register, content of31
38.General records of security agent32
39.Records to be kept by crowd control agent prescribed (Act s. 78(1)(a))33
40.Incident register, content of33
41.General records of crowd control agent35
42.Records to be kept by inquiry agent prescribed (Act s. 78(1)(a))36
43.Records to be kept by person for whom licensed crowd controller provides services prescribed (Act s. 84(a))36
44A.Notification of address where records held (Act s. 78(2))36
Part 7 — Drug testing
44.Terms used37
45.Drugs prescribed (Act s. 80)38
46.Approval of technologists, sample collectors and analysts38
47.Blood and urine sampling equipment prescribed39
48.Preparation and use of sampling equipment39
48A.Licensee to produce identity card when giving blood or urine sample under direction given under Act s. 8040
49.Blood samples, method for collecting41
50.Urine samples, method for collecting41
51.Analysis of samples43
52.Non‑complying sample defined (Act s. 81(1)(b))43
53.Certificates which are evidence44
Part 8 — Miscellaneous
54.Fees prescribed46
54A.Codes of conduct, preparation, approval and effect of46
55.Surrender of licence (Act s. 76(c))47
56.Return of licence (Act s. 76)47
57.Notification of change of address (Act s. 77)47
58.Prescribed offences and modified penalties47
59.Forms48
Schedule 1 — Conditions and restrictions attached to licences
Division 1 — Security agent’s licence
1.Changes of partners, officers or personnel to be notified49
2.Uniforms to be worn by security officers49
3.Markings on vehicles used by security officers50
4A.Dogs not to be used without training50
4.Arming security officers50
5.Firearm security51
6.Weapons training required for certain security officers51
Division 2 — Security officer’s licence
7.Uniforms to be worn by security officers52
8.Markings on vehicles used by security officers52
9.Carrying of weapons52
10.Firearm security53
11A.Dogs not to be used without training53
11B.First aid certificate54
Division 2A — Security officer’s licence endorsement
11.Weapons training54
Division 2B — Security bodyguard’s licence
12A.No weapons to be carried by security bodyguard54
12B.First aid certificate55
Division 3 — Inquiry agent’s licence
12.Change of partners, officers or personnel to be notified55
Division 4 — Crowd control agent’s licence
13.Change of partners, officers or personnel to be notified55
14.Identification cards to be worn56
15.Information to clients56
15A.Information to licensing officer56
16.No weapons to be carried by crowd controllers57
16A.Incident register, duties as to57
Division 5 — Crowd controller’s licence
17.Identification card to be worn58
18.No weapons to be carried by crowd controller58
19A.First aid certificate58
19.Incident register, duties as to58
Division 6 — All licences
20.Identity cards, duties of people holding59
Schedule 2 — Disqualifying offences
Division 1 — Division 1 offences
Division 2 — Division 2 offences
Schedule 3 — Prescribed drugs
Schedule 4 — Fees
Schedule 5 — Prescribed offences and modified penalties for infringement notices
Division 1 — Offences under the Act
Division 2 — Offence under these regulations
Schedule 6 — Forms
Notes
Compilation table74
Other notes78
Defined terms
Security and Related Activities (Control) Act 1996
Security and Related Activities (Control) Regulations 1997
These regulations may be cited as the Security and Related Activities (Control) Regulations 1997.
These regulations come into operation on the day on which the Security and Related Activities (Control) Act 1996 comes into operation.
(1)In these regulations —
approved training course means —
(a)a higher education course within the meaning of that term in the Higher Education Act 2004 section 3; or
(b)a training course accredited for the purposes of the Vocational Education and Training Act 1996 and provided by a person who is —
(i)a registered training provider within the meaning of that term in the Vocational Education and Training Act 1996 section 5; and
(ii)approved under regulation 16(3);
or
(c)a training course given interim approval under regulation 16(2) and provided by a person who is —
(i)a registered training provider within the meaning of that term in the Vocational Education and Training Act 1996 section 5; and
(ii)approved under regulation 16(3);
business means —
(a)if the relevant agent’s licence is held on behalf of a partnership or body corporate, the business of the partnership or body corporate; or
(b)otherwise, the business of the security agent, crowd control agent or inquiry agent;
crowd control activities means the activities described in section 35(1);
current first aid certificate means a certificate issued to a person on the successful completion of an approved training course in first aid that is current;
guard dog has the meaning given in regulation 38A;
licensed activity means, in relation to a licensee, an activity authorised by the licensee’s licence;
medical certificate means a certificate given by a medical practitioner certifying that on a specified date a named person passed a medical examination of the type prescribed by regulation 15;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
responsible police division means the division of the Police Force of Western Australia that is for the time being responsible for the implementation and enforcement of the Act;
section means a section of the Act;
Superintendent means the police officer of the rank of Superintendent or acting at the rank of Superintendent who is in charge of the responsible police division;
training course in firearms discharge means a training course of a type set out in subregulation (3).
(2)A reference in these regulations to AS, or ANZS, followed by a number and the name of a document is a reference to —
(a)the document of that name being the Australian Standard, or the Australia/New Zealand Standard, of that number issued by Standards Australia, as amended from time to time; or
(b)any document issued by Standards Australia in substitution for that document, as amended from time to time.
(3)A training course in firearms discharge is a training course involving —
(a)elements of firearm safety; and
(b)training in the use of force; and
(c)a course of firing of firearms at targets set at various distances,
that has been approved by the Superintendent and that is conducted by training providers who are approved in accordance with regulation 14A.
[Regulation 3 amended: Gazette 1 Sep 2005 p. 4073‑4; 3 Oct 2006 p. 4343‑4; 4 Dec 2009 p. 4889‑90; 1 Jul 2011 p. 2749; 29 Jul 2016 p. 3243-4 and 3257.]
4A.Method of giving things to Commissioner, Superintendent or licensing officer
Where the Act or these regulations authorises or requires a document to be given or delivered to the Commissioner, the Superintendent or a licensing officer, or the Commissioner, the Superintendent or a licensing officer to be notified, in writing, the document is taken to be given or delivered, or the person notified, if the document or notice is delivered —
(a)personally; or
(b)by post, in accordance with the Interpretation Act 1984 section 75(1),
to the offices of the responsible police division at 303 Sevenoaks Street, Cannington WA 6107 or to Locked Bag 9, East Perth WA 6892.
[Regulation 4A inserted: Gazette 4 Dec 2009 p. 4891; amended: Gazette 29 Jul 2016 p. 3244.]
4.Act s. 37 (crowd controller’s licence), exemptions from
(1)In this regulation —
licensed premises has the same meaning as in the Liquor Control Act 1988 1.
(2)An usher or ticket collector at a theatre or cinema that is not a licensed premises is exempt from section 37 to the extent that his or her functions include screening persons seeking entry to that theatre or cinema.
(3)A ticket collector or turnstile operator at a sporting venue that is not a licensed premises is exempt from section 37 to the extent that his or her functions include screening persons seeking entry to that venue.
(4)A natural person who is the licensee or manager of licensed premises is exempt from section 37 to the extent that he or she performs crowd control activities on those premises in compliance with the Liquor Control Act 1988 1.
[5.Deleted: Gazette 29 Apr 2011 p. 1532.]
5A.Some persons to whom Court Security and Custodial Services Act 1999 applies, exemption for
(1)In this regulation the words set out in the Table to this subregulation have the respective meanings that they have in the Court Security and Custodial Services Act 1999.
Table
|
contract |
court security service |
|
contractor |
custodial service |
|
contract worker |
subcontractor |
(2)A person who is a contractor, subcontractor or contract worker is, in respect of actions performed in the course of providing a court security service or a custodial service under a contract, exempt from all of the provisions of the Act.
(3)A person is exempt from sections 21, 33 and 40 if the sole purpose of the advertisement or the holding out that he or she is willing to supply services referred to in the respective sections is to become a contractor or subcontractor and supply the services for the purposes of a contract.
[Regulation 5A inserted: Gazette 28 Jul 2000 p. 4028; amended: Gazette 12 Jun 2001 p. 2959‑60.]
5B.Some persons to whom Prisons Act 1981 Part IIIA applies, exemption for
(1)In this regulation the words set out in the Table to this subregulation have the respective meanings that they have in the Prisons Act 1981.
Table
|
contract |
prison services |
|
contractor |
subcontractor |
|
contract worker |
|
(2)A person who is a contractor, subcontractor or contract worker for the purposes of Part IIIA of the Prisons Act 1981 is, in respect of actions performed in the course of providing prison services under a contract entered into under that Part, exempt from all of the provisions of the Act.
(3)A person is exempt from sections 21, 33 and 40 if the sole purpose of the advertisement or the holding out that the person is willing to supply services referred to in the respective sections is to become a contractor or subcontractor and supply the services for the purposes of a contract.
[Regulation 5B inserted: Gazette 12 Jun 2001 p. 2960.]
6.Locks prescribed (Act s. 14(1)(d))
The locks prescribed for the purposes of section 14(1)(d) are locks (other than key in knob sets) —
(a)the purpose of which is to prevent unauthorised entry to a place; and
(b)that are operated by a key, code, card or digital function.
[Regulation 6 inserted: Gazette 13 Apr 2006 p. 1555.]
7.Security doors prescribed (Act s. 14(1)(e))
The security doors prescribed for the purposes of section 14(1)(e) are hinged or sliding doors —
(a)the purpose of which is to prevent forced entry to a place; and
(b)comprising material that —
(i)provides a physical barrier to entry but allows the passage of light and air; and
(ii)is fitted inside a frame.
[Regulation 7 inserted: Gazette 13 Apr 2006 p. 1555‑6.]
8.Equipment and devices prescribed (Act s. 14(1)(g))
The following equipment and devices are prescribed for the purposes of section 14(1)(g) —
(a)fences —
(i)the purpose of which is to prevent unauthorised human access to a place; and
(ii)comprising one or more electrical conductors to which electric pulses are applied;
and
(b)screens, panels, doors and walls the purpose of which is to prevent penetration by bullets discharged from firearms; and
(c)equipment by which a screen, panel, door or wall mentioned in paragraph (b) is operated.
[Regulation 8 amended: Gazette 13 Apr 2006 p. 1556.]
9.Activities prescribed (Act s. 24(1)(b))
The following activities are prescribed for the purposes of section 24(1)(b) —
(a)guarding an automatic teller machine while it is malfunctioning or is being repaired or serviced;
(b)guarding a safe while it is malfunctioning or is being repaired or serviced;
(c)guarding money or an article of value at a place of business specified in a security agent’s licence.
[Regulation 9 inserted: Gazette 1 Sep 2005 p. 4074.]
10.Application for endorsement (Act s. 24)
An application for an endorsement under section 24 is to be made to a licensing officer in the approved form and is to be accompanied by —
(a)a medical certificate relating to a medical examination carried out within the previous month; and
(aa)evidence that within the previous 6 months the applicant —
(i)has successfully completed an approved training course in firearm use; or
(ii)has obtained a qualification, approved by the Commissioner, in firearm use;
and
(ab)evidence that (within the previous 6 months) the applicant has successfully completed a training course in firearms discharge; and
(b)the fee provided for in Schedule 4.
[Regulation 10 amended: Gazette 1 Sep 2005 p. 4074; 3 Oct 2006 p. 4344.]
11.Medical examinations prescribed (Act s. 24)
(1)A security officer whose licence is endorsed under section 24 must undergo a medical examination of the type prescribed by regulation 15(2) —
(a)at least once in every 12 months, commencing on the day on which the endorsement was made; and
(b)when directed to do so by a licensing officer under subregulation (2).
(2)A licensing officer is to direct a security officer whose licence is endorsed under section 24 to undergo a medical examination if the licensing officer reasonably believes that the security officer may be unable to pass the medical examination.
(3)A direction under subregulation (2) is to be in writing given to the security officer and may provide for one or more of the following —
(a)the time within which the medical examination is to be undertaken;
(b)the medical practitioner who is to conduct the medical examination;
(c)the time within which the security officer is to give to a licensing officer the medical certificate relating to the examination.
(4)A security officer who has undergone a medical examination is to give to a licensing officer a medical certificate relating to the examination within one month after undergoing the examination, or, if an earlier time is provided in a direction under subregulation (2), that earlier time.
(5)A medical certificate relating to a medical examination is to include a statement by the medical practitioner who conducts the examination as to the period of time the practitioner has known the security officer.
[Regulation 11 inserted: Gazette 4 Dec 2009 p. 4891‑2.]
12.Application for permit (Act s. 25)
An application for a permit under section 25 is to be made to a licensing officer in the approved form and is to be accompanied by the fee provided for in Schedule 4.
[Regulation 12 inserted: Gazette 4 Dec 2009 p. 4893.]
13.Application for endorsement (Act s. 26)
An application for an endorsement under section 26 is to be made to a licensing officer in the approved form and is to be accompanied by —
(a)evidence that the applicant has successfully completed an approved training course in baton use within the previous 12 months; and
(b)the fee provided for in Schedule 4.
[Heading inserted: Gazette 10 Mar 2000 p. 1124.]
13A.Investigations not within Act s. 28(1)(a)
The following persons and circumstances are prescribed under section 28(2)(e) —
(aa)a person appointed under the Court Security and Custodial Services Act 1999 section 44 to carry out an inquiry under that section, while acting in the ordinary course of that inquiry;
(aba)a person authorised under a contract under the Declared Places (Mentally Impaired Accused) Act 2015 section 44 to investigate a complaint about the provision of declared place services, as defined in section 3 of that Act, while acting in the ordinary course of investigating that complaint;
(ab)a person appointed under the Prisons Act 1981 section 9 to carry out an inquiry under that section, while acting in the ordinary course of that inquiry;
(a)a person appointed under the Public Sector Management Act 1994 section 24H to carry out a special inquiry, while acting in the ordinary course of that inquiry;
(b)a person authorised under section 24 of the Public Sector Management Act 1994 to conduct an investigation, while acting in the ordinary course of that investigation;
(c)a person authorised under the Public Sector Management Act 1994 section 81(1) to deal with a matter as a disciplinary matter, while acting in the ordinary course of investigating that matter;
(da)a person directed under the Public Sector Management Act 1994 section 81(2) to prepare a report, while acting in the ordinary course of investigating for the purpose of preparing that report;
(d)a person directed under the Public Sector Management Act 1994 section 87 to carry out a special disciplinary inquiry, while acting in the ordinary course of that inquiry;
(e)a person employed or engaged to assist a person referred to in paragraph (aa), (aba), (ab), (a), (b), (c), (da) or (d), while acting in the ordinary course of that person’s inquiry or investigation.
[Regulation 13A inserted: Gazette 10 Mar 2000 p. 1124; amended: Gazette 1 Sep 2005 p. 4075; 11 Feb 2011 p. 505; 16 Jun 2015 p. 2079.]
Division 1 — Licences other than temporary licences
[Heading inserted: Gazette 4 Dec 2009 p. 4893.]
14.Application for the issue of a licence (Act s. 46(1))
An application under section 46(1) for the issue of a licence, other than a temporary licence, is to be lodged by the applicant in person —
(a)if the applicant resides within 50 km of the General Post Office at Perth, (GPO), with a licensing officer; or
(ab)if the applicant resides beyond 50 km of the GPO but is undertaking a course of training prescribed in respect of the licence at a location within 50 km of the GPO, with a licensing officer; or
(b)otherwise, with the officer in charge at the police station nearest to the applicant’s place of residence.
[Regulation 14 amended: Gazette 4 Dec 2009 p. 4893; 29 Jul 2016 p. 3244-5.]
14A.Training course in firearms discharge, approval of providers of
(1)The Superintendent may approve of a person as a provider of a training course in firearms discharge if the Superintendent is satisfied that the person, and each other person who is or will be involved in providing that training, is a fit and proper person to be providing that training course.
(2)An approval under subregulation (1) —
(a)is to be given in writing; and
(b)is subject to the conditions in subregulations (3) and (4); and
(c)may be subject to such conditions and restrictions (including as to its duration) as the Superintendent thinks fit.
(2A)The Superintendent may, by giving written notice to the approved training provider, cancel an approval given under subregulation (1), but the cancellation is not effective unless the Superintendent —
(a)has given to the training provider written notice of the intention to cancel the approval stating the grounds on which the cancellation is intended and allowing the training provider 21 days within which to respond to the notice; and
(b)has had due regard to any response to the notice made within that time.
(3)An approved training provider is to keep a record of attendance, showing the competence of each attendee, for each training course in firearms discharge conducted by that provider.
(4)As soon as practicable after conducting a training course and, in any case, no later than 7 days after that course, an approved training provider must provide the records kept under subregulation (3) —
(a)to a licensing officer; or
(b)where the attendee is an endorsed security officer, to a licensing officer and to the agent or agents that employ the security officer.
[Regulation 14A inserted: Gazette 3 Oct 2006 p. 4344‑5; amended by 29 Jul 2016 p. 3245 and 3257.]
15.Medical examination prescribed for security officers authorised to possess firearm (Act s. 47(1)(d) and 52(1)(h))
(1)Subregulation (2) sets out the medical examination prescribed for the purposes of —
(a)section 47(1)(d) in the case of an application for a security officer’s licence with an endorsement under section 24; and
(b)section 52(1)(h).
(2)A medical examination is the examination of the person by a medical practitioner to determine if the medical practitioner is of the opinion that the person is physically and psychologically fit to be in possession of a firearm, and is to include the examination of the person’s hearing and vision.
(3)An application for a security officer’s licence with an endorsement under section 24 is to be accompanied by a medical certificate relating to the medical examination that is to include a statement by the medical practitioner as to the period of time the practitioner has known the applicant.
[Regulation 15 inserted: Gazette 4 Dec 2009 p. 4894.]
16.Training courses prescribed (Act s. 47(1)(f)(i), 52(1)(g)(i) and 53(2))
(1)The following training courses are prescribed for the purposes of sections 47(1)(f)(i), 52(1)(g)(i) and 53(2) in respect of —
(a)a security officer’s licence with an endorsement under section 26, an approved training course in watching, guarding and protecting property including the use of a baton;
(b)any other security officer’s licence, an approved training course in watching, guarding and protecting property;
(c)a crowd controller’s licence, an approved training course in crowd control activities;
(d)an investigator’s licence, an approved training course in —
(i)investigations into the conduct of individuals or bodies corporate or the character of individuals;
(ii)surveillance work in relation to the matters referred to in subparagraph (i);
(iii)investigations concerning missing persons;
(e)a security bodyguard’s licence, an approved training course in security operations;
(f)a Class 1 security installer’s licence, an approved training course in locksmithing;
(g)a Class 2 security consultant’s licence, an approved training course in technical security;
(h)a Class 2 security installer’s licence, an approved training course in technical security.
(1A)The training courses prescribed under subregulation (1)(a) and (b) do not apply in respect of a security officer’s licence to the extent that the applicant, if issued with the licence, will be undertaking monitoring duties only (e.g. duties involving the monitoring of surveillance or signalling equipment in a security control room).
(2)The Superintendent may, on application by the provider of a training course, give interim approval to the course if the provider is seeking to have the course accredited under the Vocational Education and Training Act 1996.
(3)The Superintendent may, on application by the provider of a training course, approve of the applicant as a course provider if the Superintendent is satisfied that the applicant, and each other person who is or will be involved in providing that training, is a fit and proper person to be providing such training.
(4)An approval under subregulation (2) or (3) —
(a)is to be given in writing; and
(b)may be subject to such conditions and restrictions (including as to its duration) as the Superintendent thinks fit.
(5)The Superintendent may, by giving written notice to the course provider, cancel an approval given under subregulation (2) or (3), but the cancellation is not effective unless the Superintendent —
(a)has given to the course provider written notice of the intention to cancel the approval stating the grounds on which the cancellation is intended and allowing the course provider 21 days within which to respond to the notice; and
(b)has had due regard to any response to the notice made within that time.
[Regulation 16 amended: Gazette 1 Sep 2005 p. 4076‑7; 4 Dec 2009 p. 4894‑5; 29 Jul 2016 p. 3245-6 and 3257.]
16A.Records required when baton training undertaken
(1)An approval under regulation 16(2) or (3) involving training that includes the use of a baton is subject to the conditions in subregulations (2) and (3).
(2)An approved training provider is to keep a record of attendance, showing the competence of each attendee, for each approved training course that includes the use of a baton conducted by that provider.
(3)As soon as practicable after conducting an approved training course that includes the use of a baton and, in any case, no later than 7 days after that course, an approved training provider must provide the records kept under subregulation (2) to a licensing officer and to any agents that employ the security officer.
[Regulation 16A inserted: Gazette 3 Oct 2006 p. 4345.]
17.Examinations prescribed (Act s. 47(1)(f)(ii) and 52(1)(g)(ii))
(1)For the purposes of sections 47(1)(f)(ii) and 52(1)(g)(ii), a written examination on AS 2804 — Installation of Security Screen Doors is prescribed in respect of a Class 3 security consultant’s licence and a Class 3 security installer’s licence.
(2)The following examination is prescribed for the purposes of sections 47(1)(f)(ii) and 52(1)(g)(ii) in respect of a security agent’s licence, inquiry agent’s licence and a crowd control agent’s licence, a written examination on the obligations under the Act of security agents, inquiry agents or crowd control agents (as the case may be).
(2A)For the purposes of sections 47(1)(f)(ii) and 52(1)(g)(ii) —
(a)a written examination on watching, guarding and protecting property is prescribed for a security officer’s licence; and
(b)a written examination on crowd control activities is prescribed for a crowd controller’s licence.
(3)In this regulation —
written examination means a written examination —
(a)set by the Superintendent or by a course provider approved under regulation 16(3) to test the applicant’s knowledge of the relevant subject matter; and
(b)administered by the person to whom the application for the issue of the relevant licence is made under regulation 14 or, in the case of a written examination set by a course provider approved under regulation 16(3), by that course provider.
[Regulation 17 amended: Gazette 4 Dec 2009 p. 4895‑6; 29 Jul 2016 p. 3246-7.]
18.Evidence of age and identity prescribed (Act s. 47(1)(a))
For the purposes of section 47(1)(a), evidence of age and identity to accompany an application for the issue of a licence is to consist of the original or a certified copy of —
(a)2 documents referred to in items 1 to 6 in the Table; or
(b)one document referred to in items 1 to 6 and 2 documents referred to in items 7 to 10 in the Table.
Table
|
Item |
Category 1 |
|
1. |
A current motor driver’s licence bearing the name, date of birth and photograph of the applicant that has been issued under a law of the Commonwealth or a State or Territory. |
|
2. |
A current passport, or a passport that has not been expired for more than 2 years, bearing the name, date of birth and photograph of the applicant. |
|
3A. |
A current photo card, as defined in the Western Australian Photo Card Regulations 2014 regulation 3, bearing the name, date of birth and photograph of the applicant. |
|
|
|
|
3. |
A proof of age card bearing the name, date of birth and photograph of the applicant that has been issued under the Liquor Control Regulations 1989 regulation 18B. |
|
4. |
An identification card (other than a card referred to in item 3A or 3) bearing the name, date of birth and photograph of the applicant that has been issued by an agency of the Commonwealth or a State or Territory to provide evidence of the person’s name and age. |
|
5. |
A birth certificate bearing the name and date of birth of the applicant issued under a law of the Commonwealth or a State or Territory. |
|
6. |
A diplomatic document bearing the name, date of birth and a photograph of the applicant that has been issued by a government agency to provide evidence of the person’s legal entitlement to enter Australia. |
|
Item |
Category 2 |
|
7. |
A current licence (other than a motor driver’s licence) or current permit bearing the name of the applicant that has been issued under a law of the Commonwealth or a State or Territory. |
|
8. |
A current identity card or licence bearing the name and date of birth of the applicant that has been issued by a government agency outside Australia. |
|
9. |
An identification card bearing the name of the applicant that has been issued by an agency of the Commonwealth or a State or Territory to provide evidence of the person’s entitlement to a health benefit or pensioner concession. |
|
10. |
An identification card bearing the name of the applicant that has been issued within the last 5 years by an Australian educational institution. |
[Regulation 18 inserted: Gazette 4 Dec 2009 p. 4896‑8; amended: Gazette 5 Aug 2014 p. 2834.]
19.Manner of lodging application for renewal prescribed (Act s. 49(1))
An application under section 49(1) for the renewal of a licence is to be lodged by the applicant —
(a)by post so that the application is received by a licensing officer by the time referred to in section 49(3); or
(b)in person —
(i)if the applicant resides within 50 km of the General Post Office at Perth, with a licensing officer by the time referred to in section 49(3); or
(ii)otherwise, with the officer in charge at the police station nearest to the applicant’s place of residence by the time referred to in section 49(3).
[Regulation 19 inserted: Gazette 1 Sep 2005 p. 4077.]
20.Material to support application for renewal of licence (Act s. 50(1))
An application for the renewal of a licence is to be accompanied by photographs of the applicant in such number and form as is determined by the Commissioner under section 47(1)(b) in respect of applications for the issue of licences.
21.Conditions and restrictions prescribed (Act s. 63)
For the purposes of section 63 the conditions and restrictions set out in Schedule 1 are taken to be attached to licences or endorsements as follows —
(a)those in Division 1, to all security agent’s licences;
(b)those in Division 2, to all security officer’s licences;
(c)those in Division 2A, to all endorsements of a security officer’s licence, but not the licence itself;
(da)those in Division 2B, to all security bodyguard’s licences;
(d)those in Division 3, to all inquiry agent’s licences;
(e)those in Division 4, to all crowd control agent’s licences;
(f)those in Division 5, to all crowd controller’s licences.
[Regulation 21 inserted: Gazette 3 Oct 2006 p. 4346; amended: Gazette 4 Dec 2009 p. 4898.]
Division 2 — Temporary licences
[Heading inserted: Gazette 4 Dec 2009 p. 4898.]
22.Manner of lodging application for temporary licence prescribed (Act s. 46(1))
An application under section 46(1) for the issue of a temporary licence is to be lodged by delivering the application to a licensing officer.
[Regulation 22 inserted: Gazette 4 Dec 2009 p. 4898.]
23.Evidence prescribed (Act s. 47(2a))
(1)For the purposes of section 47(2a)(a) and (b), evidence to accompany an application for the issue of a temporary licence is the original or a certified copy of the licence, registration or other authorisation to carry out the activity or activities for which the temporary licence is sought —
(a)issued under a law of the State or Territory of residence of the applicant; and
(b)bearing the name, date of birth and photograph of the applicant.
(2)An application for a temporary licence referred to in section 42A is to be accompanied by a written statement by the holder of an appropriate agent’s licence stating that he or she —
(a)has offered to employ the applicant if the temporary licence is granted; and
(b)setting out —
(i)the period for which the licence is required; and
(ii)the time and location of the event, occasion or activity in respect of which the licence is required.
(3)An application for a temporary licence referred to in section 42B is to be accompanied by a written notice setting out —
(a)the period for which the licence is required; and
(b)the time and location of the event, occasion or activity in respect of which the licence is required.
(4)The requirements set out in subregulations (2) and (3) are prescribed for the purposes of section 47(2a)(c).
[Regulation 23 inserted: Gazette 4 Dec 2009 p. 4899.]
Part 5A — Disqualifying offences and disqualifying periods
[Heading inserted: Gazette 4 Dec 2009 p. 4900.]
24.Disqualifying offences prescribed (Act s. 3)
The following offences are prescribed as being disqualifying offences for the purposes of the definition of disqualifying offence in section 3 —
(a)an offence described in Schedule 2;
(b)an offence under the laws of the Commonwealth, another State or a Territory or of another country which, regardless of where it was committed, would have constituted an offence described in Schedule 2.
[Regulation 24 inserted: Gazette 4 Dec 2009 p. 4900; amended: Gazette 29 Jul 2016 p. 3247.]
25.Disqualifying periods prescribed (Act s. 4A)
(1)In this regulation —
Division 1 offence means an offence described in Schedule 2 Division 1;
Division 2 incident, in respect of a person, means an act, omission or course of conduct involving the person which has resulted in the person being charged with one or more offences described in Schedule 2 Division 2.
(2)For the purposes of section 4A, the disqualifying period prescribed in respect of a disqualifying offence committed by a person is —
(a)in the case of a Division 1 offence, unless the finding of guilt in relation to the offence is a spent conviction — 10 years commencing on the date the finding of guilt was made; or
(b)otherwise — 5 years commencing on the date the finding of guilt was made.
(3)Subregulation (2) does not apply to a disqualifying offence described in Schedule 2 Division 2 —
(a)if the offence arose from the first Division 2 incident involving the person; and
(b)no penalty, or a penalty of, or in total of, less than $500 is imposed on the person in respect of the offence and all other offences described in Schedule 2 Division 2 arising from the same incident.
[Regulation 25 inserted: Gazette 4 Dec 2009 p. 4900‑1; amended: Gazette 22 Jun 2010 p. 2784.]
[Heading inserted: Gazette 4 Dec 2009 p. 4901.]
26.Security consultant’s licence, classes of
(1)A person holding a security consultant’s licence of a class referred to in the Table is authorised to carry out the activities of going from place to place seeking out persons who may be prepared to enter into contracts for the supply of an item or equipment of a type listed in the Table for that class of licence.
Table
|
Class of licence |
Types of items or equipment |
|
Class 1 |
safes vaults locks of a kind prescribed by regulation 6 |
|
Class 2 |
security alarms closed circuit television equipment for security purposes equipment and devices prescribed by regulation 8 |
|
Class 3 |
security doors prescribed by regulation 7 |
(2)A person holding a Class 4 security consultant’s licence is authorised to carry out the activities of, for remuneration, investigating or advising on matters relating to the watching, guarding or protection of property.
[Regulation 26 inserted: Gazette 4 Dec 2009 p. 4901‑2.]
27.Security installer’s licence, classes of
(1)A person holding a security installer’s licence of a class referred to in the Table is authorised to carry out the activities of, for remuneration, installing, maintaining or repairing an item or equipment of a type listed in the Table for that class of licence.
Table
|
Class of licence |
Types of items or equipment |
|
Class 1 |
safes vaults locks of a kind prescribed by regulation 6 |
|
Class 2 |
security alarms closed circuit television equipment for security purposes equipment and devices prescribed by regulation 8 |
|
Class 3 |
security doors prescribed by regulation 7 |
(2)A person holding Class 4 security installer’s licence is authorised to carry out the activity of, for remuneration, installing locks of a kind referred to in regulation 6.
[Regulation 27 inserted: Gazette 4 Dec 2009 p. 4902‑3.]
[28‑34. Deleted: Gazette 30 Dec 2004 p. 6977.]
35.Records to be kept by security agent prescribed (Act s. 78(1)(a))
The following records are prescribed in relation to a security agent for the purposes of section 78(1)(a) —
(a)a firearms register containing the particulars required by regulation 36;
(b)an alarm surveillance register containing the particulars required by regulation 37;
(ca)a guard dog register containing the particulars required by regulation 38A;
(c)general records containing the particulars required by regulation 38.
[Regulation 35 amended: Gazette 4 Dec 2009 p. 4903.]
36.Firearms register, content of
(1)The firearms register is to set out, in relation to each occasion on which a security officer is in possession of a firearm while performing any licensed activity for the business —
(a)the full name and licence number of the security officer; and
(b)the type and serial number of the firearm; and
(c)the type and quantity of ammunition carried by the security officer; and
(d)the date and time when the firearm was removed from the business premises; and
(e)the date and time when the firearm was returned to those premises; and
(f)if the firearm was discharged during the performance of the licensed activity —
(i)the date and time of the discharge; and
(ii)the reason for the discharge; and
(iii)if it was discharged by a person other than the security officer, the name of that person (if known); and
(iv)details of any injury or damage caused by the discharge.
(2)The details referred to in subregulation (1)(a) to (c) must be recorded in the register before the firearm is removed from the business premises and the details referred to in subregulation (1)(d) to (f) must be recorded as soon as practicable after the event in question occurs.
[Regulation 36 amended: Gazette 1 Sep 2005 p. 4077‑8.]
37.Alarm surveillance register, content of
(1)The alarm surveillance register is to set out, in relation to each occasion on which a security officer whose services are supplied by a security agent responds to a security alarm that is monitored by the security agent —
(a)the full name and licence number of the security officer; and
(b)the address of the premises protected by the security alarm; and
(c)details of what caused the alarm to activate; and
(d)the dates and times when —
(i)the alarm was activated; and
(ii)the security officer arrived at the protected premises (if attendance was required); and
(iii)the police arrived at the protected premises (if police attendance was required); and
(iv)the owner or occupier of the protected premises was notified that the alarm had been activated;
and
(e)details of the action taken by the security officer.
(1a)The alarm surveillance register of a security agent is to set out, in relation to each occasion on which a security officer whose services are supplied by another security agent responds to a security alarm that is monitored by the security agent —
(a)the address of the premises protected by the security alarm; and
(b)the name of the security agent that supplied the services of the security officer; and
(c)the name of the individual who, on behalf of the security agent that supplied the services of the security officer, dealt with the request to supply those services; and
(d)the dates and times when —
(i)the alarm was activated;
(ii)the owner or occupier of the protected premises was notified that the alarm had been activated;
and
(e)details of what caused the alarm to activate, if known.
(1b)The alarm surveillance register of a security agent is to set out, in relation to each occasion on which a security officer whose services are supplied by the security agent responds to a security alarm that is monitored by another security agent —
(a)the name of the security agent that monitored the alarm; and
(b)the name of the individual who, on behalf of the security agent that monitored the alarm, requested the supply of the security officer’s services; and
(c)the name and licence number of the security officer; and
(d)the address of the premises protected by the security alarm; and
(e)the dates and times when —
(i)the security officer arrived at the protected premises; and
(ii)the police arrived at the protected premises (if police attendance was required);
and
(f)details of what caused the alarm to activate, if known; and
(g)details of the action taken by the security officer.
(2)The details referred to in subregulations (1), (1a) and (1b) must be recorded in the register as soon as practicable after the event in question occurs.
[Regulation 37 amended: Gazette 1 Sep 2005 p. 4078‑80.]
38A.Guard dog register, content of
(1)The guard dog register is to set out, in relation to each occasion on which a dog (a guard dog) is used in connection with the performance of a licensed activity for the business —
(a)the dates and times when a dog is used;
(b)the full name and licence number of the security officer responsible for handling the dog;
(c)the address of each premises where a dog is used to guard or protect property, including premises where a dog is left without the presence of a security officer for any period of time;
(d)details of any injury or damage caused by a dog in the course of performance of a licensed activity.
(2)The details referred to in subregulation (1)(a) to (c) must be recorded in the register before the dog is used and the details referred to in subregulation (1)(d) must be recorded as soon as practicable after the event in question occurs.
[Regulation 38A inserted: Gazette 4 Dec 2009 p. 4903‑4.]
38.General records of security agent
(1)A security agent’s general records must show —
(a)the full name, residential address, licence number and expiry date of the licence of each security officer, security bodyguard, security consultant and security installer who performs licensed activities for the business; and
(b)in relation to each occasion on which the business is engaged to provide security officers, security bodyguards, security consultants or security installers —
(i)the name and address of the person who engaged the business; and
(ii)full details of the type of security provided; and
(iii)the names of the security officers, security bodyguards, security consultants or security installers who provided that security;
and
(c)the hourly movement of each security officer and security bodyguard while carrying out licensed activities for the business.
(2)A security agent’s general records must include any records received from —
(a)an approved provider of a training course in firearms discharge; and
(b)an approved provider of an approved training course that includes the use of a baton,
that relate to a security officer whose licence is endorsed under section 24 or section 26 and who has performed licensed activities for the business within the last 3 years.
(3)A security agent’s general records must include records of the first aid qualifications of each security officer and security bodyguard who performs licensed activities for the business.
(4)A security agent’s general records must include records of the training in guard dog handling completed by each security officer who uses a dog in connection with the performance of licensed activities for the business.
[Regulation 38 amended: Gazette 1 Sep 2005 p. 4080; 3 Oct 2006 p. 4346; 4 Dec 2009 p. 4904‑5.]
39.Records to be kept by crowd control agent prescribed (Act s. 78(1)(a))
(1)The following records are prescribed in relation to a crowd control agent for the purposes of section 78(1)(a) —
(a)an incident register containing the particulars required by regulation 40; and
(b)general records containing the particulars required by regulation 41.
(2)An incident register is to be kept in the form of a permanently bound book with sequentially numbered pages.
[Regulation 39 amended: Gazette 1 Sep 2005 p. 4080.]
40.Incident register, content of
(1)The incident register is to set out, in relation to each occasion on which a crowd controller performing licensed activities on behalf of the business physically restrains a person at, or removes a person from, or prevents a person from entering, a place, an event or function at which the crowd controller is carrying out crowd control activities for the business —
(a)the full name and licence number of the crowd controller; and
(b)the location of the place, event or function; and
(c)the name and address of the person who engaged the business to provide crowd controllers at the place, event or function; and
(d)the date and time when the person was physically restrained, removed or prevented from entering; and
(e)the reasons why the person was physically restrained, removed or prevented from entering; and
(f)the manner in which the person was physically restrained, removed or prevented from entering; and
(g)the full names of any other crowd controllers who were present when the person was physically restrained, removed or prevented from entering; and
(h)the date and time when the person referred to in paragraph (c) was notified that the person was physically restrained, removed or prevented from entering.
(2)The details referred to in subregulation (1) must be recorded in the register as soon as practicable after the incident in question occurs —
(a)by the crowd controller who physically restrained or removed the person, or prevented the person from entering; or
(b)if more than one crowd controller physically restrained or removed the person, or prevented the person from entering, by one of those crowd controllers with the written acknowledgment in the register of each of the other crowd controllers as to the accuracy of the record made.
Penalty for this subregulation: a fine of $2 000.
(2A)Subregulations (1) and (2) do not apply if the details of an incident that would otherwise have to be recorded in the register in accordance with those subregulations are already recorded in the register of incidents maintained at licensed premises under the Liquor Control Act 1988 section 116A.
(3)In this regulation a reference to removing a person from a place or preventing a person from entering a place is a reference to the removal or prevention of entry of the person in any manner which involves physical contact between the crowd controller and the person being removed or prevented from entering.
[Regulation 40 amended: Gazette 1 Sep 2005 p. 4081‑2; 29 Jul 2016 p. 3248.]
41.General records of crowd control agent
(1)A crowd control agent’s general records must show —
(a)the full name, residential address, licence number and expiry date of the licence of each crowd controller who performs licensed activities for the business; and
(b)in relation to every event or function for which the business is engaged to provide crowd controllers —
(i)the name and address of the person who engaged the business; and
(ii)the location of the event or function; and
(iii)the type of event or function; and
(iv)the dates and times at which the event or function started and finished; and
(v)the approximate number of people attending the event or function; and
(vi)the names and licence numbers of the crowd controllers who carried out crowd control activities at the event or function; and
(vii)the times during which each of those crowd controllers carried out those activities.
(2)A crowd control agent’s general records must include records of the first aid qualifications of each crowd controller who performs licensed activities for the business.
[Regulation 41 amended: Gazette 1 Sep 2005 p. 4082; 4 Dec 2009 p. 4905‑6.]
42.Records to be kept by inquiry agent prescribed (Act s. 78(1)(a))
The following records and particulars are prescribed in relation to an inquiry agent for the purposes of section 78(1)(a) — the full names, residential addresses, licence numbers and expiry dates of the licences of all investigators who perform licensed activities for the business.
[Regulation 42 amended: Gazette 1 Sep 2005 p. 4083.]
43.Records to be kept by person for whom licensed crowd controller provides services prescribed (Act s. 84(a))
The following records and particulars are prescribed for the purposes of section 84(a) —
(a)the name and licence number of the crowd control agent; and
(b)if the crowd control agent’s licence is held on behalf of a partnership or body corporate, the name of the partnership or body corporate; and
(c)the full names and licence numbers of all crowd controllers who performed crowd control activities at the event or function; and
(d)the times during which each of those crowd controllers performed those activities.
[Regulation 43 amended: Gazette 1 Sep 2005 p. 4083.]
44A.Notification of address where records held (Act s. 78(2))
For the purposes of section 78(2), notice of the address of the premises where records are preserved is to be given within 14 days after the records are —
(a)preserved; or
(b)removed to the premises.
[Regulation 44A inserted: Gazette 4 Dec 2009 p. 4906.]
In this Part —
analyst means a person approved under regulation 46(2);
approved testing equipment means equipment approved by the chief executive officer of the Chemistry Centre (WA) for the purpose of testing urine under regulation 50(1a);
blood sampling equipment means the equipment prescribed by regulation 47(1);
chief executive officer, in relation to the Chemistry Centre (WA), has the meaning given in the Chemistry Centre (WA) Act 2007 section 3;
licensee has the meaning given in section 79B;
police officer or employee means a police officer or an employee, within the meaning of the Public Sector Management Act 1994, who carries out duties for the Western Australian Police Service;
sample collector means a medical practitioner or a person approved under regulation 46(1)(b);
sampling equipment means blood sampling equipment or urine sampling equipment;
technologist means —
(a)a person who is registered as an analyst under the Health (Miscellaneous Provisions) Act 1911 section 203; or
(b)a person approved under regulation 46(1)(a);
urine sampling equipment means the equipment prescribed by regulation 47(2).
[Regulation 44 amended: Gazette 28 Apr 2006 p. 1657; 4 Dec 2009 p. 4906; 10 Jan 2017 p. 224.]
45.Drugs prescribed (Act s. 80)
The drugs referred to in Schedule 3 are prescribed for the purposes of section 80.
46.Approval of technologists, sample collectors and analysts
(1)The CEO (as defined in the Health (Miscellaneous Provisions) Act 1911) may approve a person as —
(a)a technologist for the purposes of this Part if the CEO considers the person is competent to prepare sampling equipment;
(b)a sample collector for the purposes of this Part if the CEO considers the person is competent to take or collect blood or urine samples or both.
(2)The chief executive officer of the Chemistry Centre (WA) may approve a person as an analyst for the purposes of Part 9 of the Act if the chief executive officer considers the person is competent to ascertain whether, and to what extent, drugs are present in blood and urine samples.
(3)An approval under this regulation may relate to —
(a)a specified person; or
(b)the holder from time to time of a specified office or position; or
(c)a specified class of persons.
(4)An approval under this regulation —
(a)is to be given in writing; and
(b)may be subject to such conditions and restrictions (including as to its duration) as the person giving the approval thinks fit; and
(c)in the case of an approval under subregulation (3)(b) or (c) is to be published in the Gazette.
(5)The person who gave an approval under subregulation (3)(b) or (c) may cancel it by publishing a notice to that effect in the Gazette.
(6)The person who gave any other approval under this regulation may cancel it by giving written notice to the approved person but, before doing so, must give the approved person an opportunity to show why the approval should not be cancelled.
[Regulation 46 amended: Gazette 4 Dec 2009 p. 4907; 10 Jan 2017 p. 224.]
47.Blood and urine sampling equipment prescribed
(1)For the purposes of this Part the following is prescribed as blood sampling equipment —
(a)a sterile syringe with a capacity of approximately 30 ml; and
(b)a sterile needle to be attached to the syringe; and
(c)2 sterile bottles, each of which —
(i)is numbered with the serial number of the package referred to in regulation 48(1)(b); and
(ii)contains approximately 25 mg of potassium oxalate and 10 mg of sodium fluoride; and
(iii)is closed with a cap fitted with a rubber disc;
and
(d)a container containing a solution of 1 part mercury bichloride to 1 000 parts distilled water; and
(e)2 swabs of cotton wool; and
(f)a pair of disposable gloves.
(2)For the purposes of this Part, 2 specimen jars are prescribed as urine sampling equipment.
[Regulation 47 amended: Gazette 28 Apr 2006 p. 1657.]
48.Preparation and use of sampling equipment
(1)Sampling equipment is to be prepared by a technologist who must, in relation to each set of equipment —
(a)complete and sign a certificate in the approved form; and
(b)seal the equipment in a serially numbered package and sign his or her name over the sealed portion or flap of the package.
(2)A sample collector taking or collecting a sample for the purposes of the Act —
(a)subject to regulation 50(1), must use only sampling equipment prepared under subregulation (1); and
(b)must not use sampling equipment contained in a package that is not sealed and intact or in respect of which the indicated expiry date has passed.
[Regulation 48 amended: Gazette 28 Apr 2006 p. 1657.]
48A.Licensee to produce identity card when giving blood or urine sample under direction given under Act s. 80
(1)A licensee who is directed under section 80 to give a sample of his or her blood or urine for analysis must, at the time when the sample is taken, produce his or her identity card to the sample collector or a police officer or employee who is present when the sample is taken.
Penalty: $2 000.
(2)A failure to produce an identity card in accordance with subregulation (1) is to be taken to be a failure to comply with a direction under section 80.
(3)A person does not commit an offence under subregulation (1), and subregulation (2) does not apply, if the person who provided the sample produced, at the time of providing the sample, evidence that satisfied the sample collector or police officer or employee that the person was the subject of the direction.
[Regulation 48A inserted: Gazette 1 Sep 2005 p. 4083‑4; amended: Gazette 4 Dec 2009 p. 4907.]
49.Blood samples, method for collecting
(1)A blood sample is to be taken by a sample collector by venepuncture using the syringe.
(2)Before taking a blood sample the sample collector must cleanse the proposed site of the venepuncture using the mercury bichloride solution and cotton wool.
(3)After taking a blood sample —
(a)the sample collector must discharge approximately half of the sample into each of the 2 sterile bottles; and
(b)the sample collector must securely tighten the cap on each bottle and shake it thoroughly (by inverting it at least 20 times) to mix the contents; and
(c)the sample collector and a police officer or employee must each complete and sign the relevant parts of the approved form; and
(d)the sample collector must seal each of the sterile bottles in a separate package and seal it by fixing the form referred to in paragraph (c) over the opening of the package; and
(e)the sample collector and police officer or employee must each sign his or her name over the sealed portion or flap of that package; and
(f)the sample collector must give one blood sample to the person from whom it was taken and the other sample to the police officer or employee.
50.Urine samples, method for collecting
(1)A urine sample is to be collected by a sample collector in a sterile urine collecting container.
(1a)After a urine sample has been collected, the sample collector may withdraw from the urine collecting container as much of the urine as is necessary to enable the urine to be tested by the approved testing equipment.
(1b)If —
(a)the test of the urine by the approved testing equipment indicates that the urine sample may be a non‑complying sample (as defined in regulation 52); or
(b)no urine from the urine sample is tested by the approved testing equipment,
subregulation (2) must be complied with in relation to the urine sample.
(1c)If the test of the urine by the approved testing equipment does not indicate that the urine sample may be a non‑complying sample (as defined in regulation 52), the sample collector may decide —
(a)that no further action is to be taken in relation to the urine sample; or
(b)for any reason the sample collector considers sufficient, that subregulation (2) is to be complied with in relation to the urine sample.
(2)For this subregulation to be complied with in relation to a urine sample —
(a)the sample collector must pour as much of the urine into each of the 2 specimen jars as is necessary to enable an analysis of the urine to be made and securely tighten the cap on each specimen jar; and
(b)the sample collector and a police officer or employee must each complete and sign the relevant parts of the approved form; and
(c)the sample collector must seal each of the specimen jars in a separate package and seal it by fixing the form referred to in paragraph (b) over the opening of the package; and
(d)the sample collector and police officer or employee must each sign his or her name over the sealed portion or flap of that package; and
(e)the sample collector must give one urine sample to the person from whom it was collected and the other sample to the police officer or employee.
[Regulation 50 amended: Gazette 28 Apr 2006 p. 1657‑8.]
(1)A police officer or employee who is given a sample under regulation 49(3)(f) or 50(2)(e) must cause that sample to be delivered promptly to the chief executive officer of the Chemistry Centre (WA) for analysis.
(2)The chief executive officer of the Chemistry Centre (WA) must —
(a)cause a sample delivered under subregulation (1) to be analysed by an analyst to determine whether, and to what extent, any drugs referred to in Schedule 3 are present in the sample; and
(b)give a copy of the results of the analysis to the Commissioner of Police.
[Regulation 51 amended: Gazette 4 Dec 2009 p. 4907‑8.]
52.Non‑complying sample defined (Act s. 81(1)(b))
For the purposes of section 81(1)(b) a blood or urine sample is a non‑complying sample if —
(a)the sample contains any measurable amount of a drug referred to in Schedule 3 other than testosterone; or
(b)the amount of testosterone per millilitre of the sample is 6 or more times the amount of epitestosterone per millilitre of the sample.
53.Certificates which are evidence
In any proceeding under the Act and in the absence of proof to the contrary, any of the following certificates is evidence of the matters certified in it —
(a)a certificate purporting to be signed by the chief executive officer of the Chemistry Centre (WA), certifying that a named person is, or was at a particular time, approved as an analyst under regulation 46(2); and
(aa)a certificate purporting to be signed by the chief executive officer of the Chemistry Centre (WA), certifying that identified equipment is, or was at a particular time, approved testing equipment; and
(b)a certificate purporting to be signed by a technologist, certifying that —
(i)identified sampling equipment comprises the items required by regulation 47; and
(ii)he or she prepared that sampling equipment in accordance with regulation 48; and
(iii)at the time it was prepared the sampling equipment was sterile and fit for use in taking blood or urine samples (as the case requires) if used on or before the stated expiry date;
and
(c)a certificate purporting to be signed by a sample collector certifying that an identified blood or urine sample was taken or collected —
(i)from a named person; and
(ii)at a specified date and time; and
(iii)in accordance with these regulations; and
(iv)using sampling equipment that was sealed in a package with a specified serial number;
and
(d)a certificate purporting to be signed by an analyst, certifying —
(i)that an identified blood or urine sample taken or collected from a named person was analysed for drugs in accordance with these regulations; and
(ii)the results obtained from that analysis.
[Regulation 53 amended: Gazette 28 Apr 2006 p. 1658; 4 Dec 2009 p. 4908.]
The fees set out in column 3 of Schedule 4 are prescribed in relation to the matters set out in that Schedule.
54A.Codes of conduct, preparation, approval and effect of
(1)The Commissioner may prepare a draft code of conduct setting out minimum standards of conduct to be observed by all licensees or licensees who hold licences of a particular type or class.
(2)In preparing a draft code of conduct the Commissioner is to invite the following persons to make submissions in relation to the draft code of conduct —
(a)the persons who are the holders of licences of a kind that would be affected by the proposed code of conduct; and
[(b)deleted]
(c)members of the public.
[(3)deleted]
(4)The Minister may approve the draft code of conduct with or without amendments that are specified by the Minister.
(5)The Commissioner is to ensure that a code of conduct that is approved by the Minister is published in the Gazette.
(6)A code of conduct is to specify the persons to whom the code applies.
(7)A breach of a code of conduct that has been approved by the Minister and published in the Gazette is a proper cause for disciplinary action against a licensee under section 67(1a)(d).
[Regulation 54A inserted: Gazette 1 Sep 2005 p. 4084‑5; amended: Gazette 4 Dec 2009 p. 4908‑9.]
55.Surrender of licence (Act s. 76(c))
For the purposes of section 76(c), a licensee may surrender a licence by written notice given to a licensing officer.
[Regulation 55 inserted: Gazette 4 Dec 2009 p. 4909.]
56.Return of licence (Act s. 76)
For the purposes of section 76, the licence and any identity card must be delivered to a licensing officer within 14 days after the expiry, termination or surrender of the licence.
[Regulation 56 inserted: Gazette 4 Dec 2009 p. 4909.]
57.Notification of change of address (Act s. 77)
(1)For the purposes of section 77(1), notice of the address of a new place of business of a licensee under an agent’s licence is to be in writing and given to a licensing officer.
(2)For the purposes of section 77(2), notice of the address of a new place of residence of a licensee is to be in writing and given to a licensing officer.
[Regulation 57 inserted: Gazette 4 Dec 2009 p. 4909.]
58.Prescribed offences and modified penalties
(1)The offences specified in Schedule 5 are prescribed as offences for which an infringement notice may be given under section 88A.
(2)The modified penalty specified opposite an offence in Schedule 5 is the modified penalty for that offence for the purposes of section 88A(3) and (5).
[Regulation 58 inserted: Gazette 29 Jul 2016 p. 3248.]
The forms set out in Schedule 6 are prescribed in relation to the matters specified in those forms.
[Regulation 59 inserted: Gazette 29 Jul 2016 p. 3248.]
[Part 9 deleted: Gazette 4 Dec 2009 p. 4909.]
Schedule 1 — Conditions and restrictions attached to licences
[Regulation 21]
Division 1 — Security agent’s licence
1.Changes of partners, officers or personnel to be notified
(1)A security agent must notify a licensing officer —
(a)if the security agent’s licence is held on behalf of a partnership or body corporate, of any change in the partners or the officers of the body corporate; and
(b)in every case, whenever a security officer, security bodyguard, security consultant or security installer commences or ceases to be employed in the business.
(2)The notice under subclause (1) is to be in writing and given to a licensing officer within 21 days of the occurrence to which it relates.
[Clause 1 amended: Gazette 4 Dec 2009 p. 4910.]
2.Uniforms to be worn by security officers
(1)All security officers must, at all times while performing licensed activities for a business, wear a uniform that is of a type approved by the Commissioner.
(2)This condition does not apply —
(a)to a security officer who is engaged in loss prevention activities in a retail store; or
(b)if a licensing officer is satisfied that a security officer is engaged in escort duties in circumstances that require the security officer to wear clothes other than a uniform that is of a type approved by the Commissioner.
(3)A security officer to whom subclause (2)(a) or (b) applies must not, while performing licensed activities for a business, wear a uniform that is confusingly similar to a uniform in use by a police force.
[Clause 2 inserted: Gazette 1 Sep 2005 p. 4085.]
3.Markings on vehicles used by security officers
A marking on a vehicle used by a security officer while performing licensed activities for a business must not be confusingly similar to a vehicle marking in use by a police force.
[Clause 3 inserted: Gazette 1 Sep 2005 p. 4086.]
4A.Dogs not to be used without training
(1)A security officer must not use a dog in connection with the performance of any licensed activity for the business unless the officer has successfully completed an approved training course in the handling of guard dogs.
[(2)deleted]
[Clause 4A inserted: Gazette 4 Dec 2009 p. 4910; amended: Gazette 29 Jul 2016 p. 3249.]
(1)A security officer must not be in possession of a firearm while performing any licensed activity for the business unless —
(a)the security officer’s licence is endorsed under section 24 for that activity; and
(b)the business is an organization which holds a licence, permit or approval, issued under the Firearms Act 1973, that authorises the possession of firearms by its employees; and
(c)the firearm —
(i)was provided to the security officer by the security agent for the purpose of performing that activity; and
(ii)is a firearm to which the licence referred to in paragraph (b) applies.
(2)A security officer must not be in possession of a baton while performing any licensed activity for the business unless —
(a)the security officer’s licence is endorsed under section 26; and
(b)the baton is of a type approved by the Commissioner under section 26(2)(b).
(3)A security officer must not be in possession of any other weapon while performing any licensed activity for the business.
[Clause 4 amended: Gazette 1 Sep 2005 p. 4086; 4 Dec 2009 p. 4911.]
(1)A firearm used in the business must be kept, while not being used, at the place of business specified in the security agent’s licence in storage facilities which are adequate to ensure its safety and to safeguard it from loss or improper use.
(2)This condition does not prevent a firearm used in the business being kept at the residence of a security officer employed in the business if —
(a)the security officer is on call to perform an activity of a kind referred to in regulation 9(a) or (b); and
(b)the firearm and any ammunition is stored in accordance with the requirements of the Firearms Act 1973.
[Clause 5 amended: Gazette 1 Sep 2005 p. 4086.]
6.Weapons training required for certain security officers
(1)A security officer whose licence is endorsed under section 24 must not be in possession of a firearm while performing any licensed activity for the business unless he or she successfully completes a training course in firearms discharge, at least once in every 6 months, commencing on the day on which the endorsement was issued.
(2)A security officer whose licence is endorsed under section 26 must not be in possession of a baton while performing any licensed activity for the business unless he or she successfully completes an approved training course in baton use at least once every 6 months commencing on the day on which the security officer first successfully completed an approved training course in baton use.
[Clause 6 inserted: Gazette 1 Sep 2005 p. 4086‑7; amended: Gazette 3 Oct 2006 p. 4346‑7.]
Division 2 — Security officer’s licence
7.Uniforms to be worn by security officers
(1)A security officer must, at all times while performing a licensed activity for a business, wear a uniform that is of a type approved by the Commissioner.
(2)This condition does not prevent the wearing of other items of clothing, in addition to the approved uniform, if —
(a)the approved uniform does not include items of that nature; and
(b)those items are in keeping with the approved uniform.
(3)This condition does not apply —
(a)to a security officer who is engaged in loss prevention activities in a retail store; or
(b)if a licensing officer is satisfied that a security officer is engaged in escort duties in circumstances that require the security officer to wear clothes other than a uniform that is of a type approved by the Commissioner.
(4)A security officer to whom subclause (3)(a) or (b) applies must not, while performing a licensed activity for a business, wear a uniform that is confusingly similar to a uniform in use by a police force.
[Clause 7 amended: Gazette 1 Sep 2005 p. 4087‑8.]
8.Markings on vehicles used by security officers
A security officer must not use a vehicle while performing licensed activities for a business if a marking on the vehicle is confusingly similar to a vehicle marking in use by a police force.
[Clause 8 inserted: Gazette 1 Sep 2005 p. 4088.]
(1)A security officer must not be in possession of a firearm while performing any licensed activity unless the firearm was provided to the security officer by the security agent for the purpose of performing that activity.
(2)A security officer must not be in possession of a baton while performing any licensed activity unless —
(a)the security officer’s licence is endorsed under section 26; and
(b)the baton is of a type approved by the Commissioner under section 26(2)(b).
(3)A security officer must not be in possession of any other weapon while performing any licensed activity.
[Clause 9 amended: Gazette 1 Sep 2005 p. 4088; 4 Dec 2009 p. 4911.]
(1)A security officer who is in possession of a firearm while performing a licensed activity for a security agent must, at the end of the activity, promptly return the firearm to the security agent.
(2)This condition does not prevent a security officer keeping the firearm at his or her residence if —
(a)the security officer is on call to perform an activity of a kind referred to in regulation 9(a) or (b); and
(b)the firearm and any ammunition is stored in accordance with the requirements of the Firearms Act 1973.
[Clause 10 amended: Gazette 1 Sep 2005 p. 4088.]
11A.Dogs not to be used without training
(1)A security officer must not use a dog in connection with the performance of any licensed activity unless the officer has successfully completed an approved training course in the handling of a guard dog provided by a registered training provider.
(2)This condition does not apply to the holder of a licence that was issued before the day on which the Security and Related Activities (Control) Amendment Regulations (No. 2) 2009 regulation 33 commences (commencement day) until the day that is 12 months after commencement day.
[Clause 11A inserted: Gazette 4 Dec 2009 p. 4911.]
(1)A security officer must not perform any licensed activity unless the officer holds a current first aid certificate.
[(2)deleted]
[Clause 11B inserted: Gazette 4 Dec 2009 p. 4912; amended: Gazette 29 Jul 2016 p. 3249.]
Division 2A — Security officer’s licence endorsement
[Heading inserted: Gazette 3 Oct 2006 p. 4347.]
(1)A security officer whose licence is endorsed under section 24 must successfully complete an approved training course in firearms discharge, at least once in every 6 months, commencing on the day on which the endorsement was issued.
(2)A security officer whose licence is endorsed under section 26 must successfully complete an approved training course in baton use at least once every 6 months commencing on the day on which the security officer first successfully completed an approved training course in baton use.
[Clause 11 inserted: Gazette 1 Sep 2005 p. 4089; amended: Gazette 3 Oct 2006 p. 4347.]
Division 2B — Security bodyguard’s licence
[Heading inserted: Gazette 4 Dec 2009 p. 4912.]
12A.No weapons to be carried by security bodyguard
(1)Other than in accordance with section 41 a security bodyguard must not be in possession of any firearm, baton or other weapon while performing a licensed activity.
(2)This condition applies even if the security bodyguard —
(a)is entitled under the Firearms Act 1973 to be in possession of a firearm; or
(b)is also a security officer whose licence is endorsed under section 24 or 26 or who holds a permit under section 25.
[Clause 12A inserted: Gazette 4 Dec 2009 p. 4912.]
A security bodyguard must not perform a licensed activity unless the bodyguard holds a current first aid certificate.
[Clause 12B inserted: Gazette 4 Dec 2009 p. 4912.]
Division 3 — Inquiry agent’s licence
12.Change of partners, officers or personnel to be notified
(1)An inquiry agent must notify a licensing officer —
(a)if the inquiry agent’s licence is held on behalf of a partnership or body corporate, of any change in the partners or the officers of the body corporate; and
(b)in every case, whenever an investigator commences or ceases to be employed in the business.
(2)The notice under subclause (1) is to be in writing and given to a licensing officer within 21 days of the occurrence to which it relates.
[Clause 12 amended: Gazette 4 Dec 2009 p. 4913.]
Division 4 — Crowd control agent’s licence
13.Change of partners, officers or personnel to be notified
(1)A crowd control agent must notify a licensing officer —
(a)if the crowd control agent’s licence is held on behalf of a partnership or body corporate, of any change in the partners or the officers of the body corporate; and
(b)in every case, whenever a crowd controller commences or ceases to be employed in the business.
(2)The notice under subclause (1) is to be in writing and given to a licensing officer within 21 days of the occurrence to which it relates.
[Clause 13 amended: Gazette 4 Dec 2009 p. 4913.]
14.Identification cards to be worn
A crowd control agent to whom an identification card has been issued under section 61 must wear that card —
(a)on his or her chest; and
(b)in such a manner that his or her photograph and licence number are clearly visible to other persons,
at all times while the agent is at any place for the purpose of supervising crowd controllers employed in the business.
[Clause 14 amended: Gazette 1 Sep 2005 p. 4089.]
Before the start of any event or function at which a crowd control business is engaged to provide crowd controllers, the crowd control agent must give to the person who engaged the business a written notice setting out —
(a)the name and licence number of the crowd control agent; and
(b)if the crowd control agent’s licence is held on behalf of a partnership or body corporate, the name of the partnership or body corporate; and
(c)the names and licence numbers of all crowd controllers who will be performing crowd control activities at the event or function for the business; and
(d)the times during which each of those crowd controllers will be performing those activities; and
(e)a statement to the effect that the person who engaged the business is required by section 84 of the Act to retain the notice for 3 years.
[Clause 15 amended: Gazette 1 Sep 2005 p. 4089.]
15A.Information to licensing officer
(1)A crowd control agent must, at a licensing officer’s written request, notify a licensing officer of the details referred to in clause 15(c) and (d) in respect of an event or function.
(2)The notice under subclause (1) is to be in writing and given to a licensing officer within any time frame specified in the request.
[Clause 15A inserted: Gazette 4 Dec 2009 p. 4913‑14.]
16.No weapons to be carried by crowd controllers
(1)A crowd controller must not be in possession of any firearm, baton or other weapon while carrying out crowd control activities for the business.
(2)This condition applies even if the crowd controller —
(a)is entitled under the Firearms Act 1973 to be in possession of a firearm; or
(b)is also a security officer whose licence is endorsed under section 24 or 26 or who has a permit under section 25.
[Clause 16 amended: Gazette 1 Sep 2005 p. 4089.]
16A.Incident register, duties as to
A crowd control agent, in relation to an incident register referred to in regulation 39 kept by the agent, must ensure that —
(a)each entry made in the incident register is legible;
(b)each page or part of a page is not removed from the incident register;
(c)each page or part of a page of the incident register is not damaged, obscured or replaced;
(d)each entry or part of an entry in the incident register is not deliberately erased, obscured or otherwise rendered illegible;
(e)a person is not requested or allowed to deliberately erase, obscure or otherwise render illegible any entry or part of an entry in the incident register;
(f)a person who makes an alteration to an entry in the incident register dates and initials the alteration and legibly prints his or her full name near the initials.
[Clause 16A inserted: Gazette 1 Sep 2005 p. 4090.]
Division 5 — Crowd controller’s licence
17.Identification card to be worn
A crowd controller to whom an identification card has been issued under section 61 must wear that card —
(a)on his or her chest; and
(b)in such a manner that his or her photograph and licence number are clearly visible to other persons,
at all times while performing crowd control activities.
[Clause 17 amended: Gazette 1 Sep 2005 p. 4090.]
18.No weapons to be carried by crowd controller
(1)A crowd controller must not be in possession of any firearm, baton or other weapon while carrying out crowd control activities.
(2)This condition applies even if the crowd controller —
(a)is entitled under the Firearms Act 1973 to be in possession of a firearm; or
(b)is also a security officer whose licence is endorsed under section 24 or 26 or who holds a permit under section 25.
(1)A crowd controller must not perform crowd control activities unless the controller holds a current first aid certificate.
[(2)deleted]
[Clause 19A inserted: Gazette 4 Dec 2009 p. 4914; amended: Gazette 29 Jul 2016 p. 3249.]
19.Incident register, duties as to
A crowd controller, in relation to an incident register referred to in regulation 39 that is kept by the crowd control agent —
(a)must ensure that each entry that he or she makes in the incident register is legible;
(b)must not remove a page or part of a page from the incident register;
(c)must not damage, obscure or replace a page or part of a page of the incident register;
(d)must not deliberately erase, obscure or otherwise render illegible any entry or part of an entry in the incident register;
(e)must not request or allow another person to deliberately erase, obscure or otherwise render illegible any entry or part of an entry in the incident register;
(f)must date and initial any alteration that he or she makes to an entry in the incident register and legibly print his or her full name near the initials.
[Clause 19 inserted: Gazette 1 Sep 2005 p. 4091.]
[Heading inserted: Gazette 1 Sep 2005 p. 4091.]
20.Identity cards, duties of people holding
A person to whom an identity card is issued —
(a)must not deliberately alter, erase, obscure or otherwise render illegible any written information on the identity card; and
(b)must not deliberately alter, remove or obscure the photograph on the identity card; and
(c)must not request or allow another person to deliberately alter, erase, obscure or otherwise render illegible any written information on the identity card; and
(d)must not request or allow another person to deliberately alter, remove or obscure the photograph on the identity card.
[Clause 20 inserted: Gazette 1 Sep 2005 p. 4091‑2.]
Schedule 2 — Disqualifying offences
[r. 24]
[Heading inserted: Gazette 4 Dec 2009 p. 4914.]
Division 1 — Division 1 offences
[Heading inserted: Gazette 4 Dec 2009 p. 4914.]
|
Enactment |
Offences |
||
|
The Criminal Code |
All indictable offences with a maximum penalty exceeding 3 years imprisonment (whether or not a summary conviction penalty applies in respect of the offence), other than an offence under s. 378 |
||
|
|
Offences under the following sections — |
||
|
|
s. 51(2) |
s. 74 |
s. 87 |
|
|
s. 128 |
s. 131 |
s. 171 |
|
|
s. 192 |
s. 345 |
s. 396 |
|
|
s. 488 |
|
|
|
|
Offences under s. 378 if the offence falls within the description of a special case under the heading “Punishment in special cases” in that section |
||
|
Firearms Act 1973 |
All indictable offences |
||
|
Misuse of Drugs Act 1981 |
All indictable offences |
||
|
Criminal Code Act 1995 (Commonwealth) |
All offences in the Schedule Part 5.3 — Terrorism |
||
[Division 1 inserted: Gazette 4 Dec 2009 p. 4914‑15; amended: Gazette 29 Jul 2016 p. 3249.]
Division 2 — Division 2 offences
[Heading inserted: Gazette 4 Dec 2009 p. 4915.]
|
Enactment |
Offences |
||
|
The Criminal Code |
Offences under the following sections — |
||
|
|
s. 75 |
s. 172 |
s. 190 |
|
|
s. 191 |
s. 202 |
s. 313 |
|
|
s. 445 |
s. 474 |
s. 514 |
|
|
Offences under s. 378 other than an offence that falls within the description of a special case under the heading “Punishment in special cases” in that section |
||
|
Misuse of Drugs Act 1981 |
All offences other than indictable offences |
||
|
Medicines and Poisons Act 2014 |
All offences |
||
|
Weapons Act 1999 |
All offences |
||
[Division 2 inserted: Gazette 4 Dec 2009 p. 4915‑16; amended: Gazette 29 Jul 2016 p. 3249; 17 Jan 2017 p. 416.]
[r. 45, 51 and 52]
[Heading inserted: Gazette 17 Jan 2017 p. 416.]
Any drug, other than testosterone, that is from time to time —
(a)a specified drug within the meaning of the Misuse of Drugs Act 1981 section 3(1); or
(b)a Schedule 8 poison or a Schedule 9 poison as those terms are defined in the Medicines and Poisons Act 2014 section 3.
[Schedule 3 inserted: Gazette 17 Jan 2017 p. 416‑17.]
[r. 54]
[Heading inserted: SL 2022/65 r. 11.]
|
Column 1 Provision of Act or regulations |
Column 2
|
Column 3 Fee |
|
Agent’s licences |
||
|
s. 46(1)(c) |
Application for issue of agent’s licence — for 1 year or less for more than 1 year but not more than 3 years |
1 391
|
|
s. 46(1)(c) |
Application by licensee for additional agent’s licence (each licence) |
928 |
|
s. 49(1)(c) |
Application for renewal of agent’s licence — for 3 years (each licence) |
993 |
|
s. 46(1)(c) |
Application for issue of temporary licence under s. 42B |
1 391 |
|
Other licences, endorsements and permits |
||
|
s. 46(1)(c) |
Application for issue of licence (other than agent’s licence or temporary licence) — for 1 year or less for more than 1 year but not more than 3 years |
365
|
|
s. 46(1)(c) |
Application by licensee for additional licence (other than agent’s licence or temporary licence) (each licence) |
214 |
|
s. 49(1)(c) |
Application for renewal of licence (other than agent’s licence or temporary licence) — for 3 years or less (each licence) |
229 |
|
r. 10(b) |
Application for endorsement under s. 24 |
203 |
|
r. 12 |
Application for permit under s. 25 |
243 |
|
r. 13(b) |
Application for endorsement under s. 26 |
203 |
|
s. 46(1)(c) |
Application for issue of temporary licence under s. 42A |
365 |
|
Miscellaneous |
||
|
s. 10(2) |
Application to inspect register |
50 |
|
s. 10(3) |
Certified copy of register entry |
51 |
|
s. 66 |
Issue of duplicate licence or duplicate identity card |
33 |
|
s. 94(4)(b) |
Additional fee if fingerprints and palm prints are required under s. 48(1)(a) or (b)(i) |
123 |
[Schedule 4 inserted: SL 2022/65 r. 11.]
[r. 58]
[Heading inserted: Gazette 29 Jul 2016 p. 3249.]
Division 1 — Offences under the Act
[Heading inserted: Gazette 29 Jul 2016 p. 3249.]
|
Item |
Section |
Offence |
Modified penalty |
|
1 |
s. 15 |
Acting as a security agent without a licence |
500 |
|
2 |
s. 16 |
Acting as a security officer without a licence |
500 |
|
3 |
s. 17(1) or (2) |
Acting as a security consultant without a licence |
500 |
|
4 |
s. 18(1) or (2) |
Acting as a security installer without a licence |
500 |
|
5 |
s. 18A |
Acting as a security bodyguard without a licence |
500 |
|
6 |
s. 19(1) |
Acting as a security officer, etc., while not in the employment of a security agent |
500 |
|
7 |
s. 20(1) or (2) |
Employing an unlicensed person as a security officer, etc. |
500 |
|
8 |
s. 21(1) |
Advertising or holding out to be willing to supply the services of a security officer, security consultant, security installer or security bodyguard while not being a holder of a security agent’s licence |
500 |
|
9 |
s. 23 |
Possessing a firearm without an endorsement on security officer’s licence authorising possession |
500 |
|
10 |
s. 29 |
Acting as an inquiry agent without a licence |
500 |
|
11 |
s. 30 |
Acting as an investigator without a licence |
500 |
|
12 |
s. 31(1) |
Acting as a licensed investigator while not in the employment of an inquiry agent |
500 |
|
13 |
s. 32 |
Employing a person as an investigator who does not hold an investigator’s licence |
500 |
|
14 |
s. 33(1) |
Advertising or holding out to be willing to supply the services of an investigator while not being a holder of an inquiry agent’s licence |
500 |
|
15 |
s. 36 |
Acting as a crowd control agent without a licence |
500 |
|
16 |
s. 37 |
Acting as a crowd controller without a licence |
500 |
|
17 |
s. 38(1) |
Acting as a crowd controller while not in the employment of a crowd control agent |
500 |
|
18 |
s. 39 |
Employing a person as a crowd controller who does not hold a crowd controller’s licence |
500 |
|
19 |
s. 40(1) |
Advertising or holding out to be willing to supply the services of a crowd controller while not being a holder of a crowd control agent’s licence |
500 |
|
20 |
s. 41(1) |
Acting as an armed security bodyguard while not authorised to do so |
500 |
|
21 |
s. 64 |
Failing to comply with a condition or restriction attached to a licence |
500 |
|
22 |
s. 67B |
Failing to comply with licensing officer’s directions for the return of licence and identity card |
400 |
|
23 |
s. 68(2b) |
Failing to comply with licensing officer’s directions for the return of licence and identity card |
400 |
|
24 |
s. 75 |
Failing to produce licence for inspection |
400 |
|
25 |
s. 76 |
Failing to return licence and identity card when licence has expired, terminated or been surrendered |
400 |
|
26 |
s. 77(1) |
Failing to give notice of change of business address |
400 |
|
27 |
s. 77(2) |
Failing to give notice of change of residential address |
400 |
|
28 |
s. 77A(1) |
Failing to give notice of being charged or found guilty of disqualifying offence |
400 |
|
29 |
s. 78(1)(a) or (c) |
Failing to keep records |
500 |
|
30 |
s. 78(2) |
Failing to notify licensing officer of address where records are kept |
400 |
|
31 |
s. 79 |
Disposing of a licence or identity card to another person or permitting another person to use licence or identity card |
500 |
|
32 |
s. 79A(2) |
Employing an unlicensed person or a person whose licence has been refused, suspended or revoked |
500 |
|
33 |
s. 84(a) or (c) |
Failing to keep records |
500 |
|
34 |
s. 85(4) |
Refusing or failing to comply with a requirement or providing false or misleading information |
400 |
|
35 |
s. 93A(2) |
Refusing or failing to comply with requirement to provide name and address of agent |
400 |
[Division 1 inserted: Gazette 29 Jul 2016 p. 3249-53.]
Division 2 — Offence under these regulations
[Heading inserted: Gazette 29 Jul 2016 p. 3253.]
|
Item |
Regulation |
Offence |
Modified penalty |
|
1 |
r. 40(2) |
Failing to record details in incident register |
400 |
|
2 |
r. 48A(1) |
Failing to produce identity card when giving blood or urine sample under direction |
400 |
[Division 2 inserted: Gazette 29 Jul 2016 p. 3253.]
[r. 59]
[Heading inserted: Gazette 29 Jul 2016 p. 3254.]
Form 1 — Infringement notice
|
Security and Related Activities (Control) Regulations 1997 Infringement notice |
||
|
Alleged offender |
Name:Surname |
|
|
Given names |
||
|
Address _______________________________________ Postcode |
||
|
Details of alleged offence |
Description of offence ____________________________
|
|
|
Security and Related Activities (Control) Act 1996 s. [ ]. Security and Related Activities (Control) Regulations 1997 r. [ ] |
||
|
Date / /20Time |
||
|
Place |
||
|
Officer issuing notice |
Name |
|
|
Signature |
||
|
Office |
||
|
Date of notice |
//20 |
|
|
Modified penalty |
$ [ ] |
|
|
Penalty |
$ [ ] |
|
|
|
You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of an offence. |
|
|
Notice to alleged offender |
It is alleged that you have committed the above offence. |
|
|
If you do not want to be prosecuted in court for the alleged offence, pay the modified penalty within 28 days after the date of this notice. See below for how and where to pay the modified penalty. |
||
|
Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. |
||
|
If you do not pay the modified penalty within 28 days, you may be prosecuted in court for the alleged offence or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. |
||
|
If you need more time to pay the modified penalty, you should contact the designated person at the address below. |
||
|
If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /20 |
||
|
If you are prosecuted in a court for the alleged offence, and convicted, you will be liable to a penalty and costs. |
||
|
If you consider that you have good reason to have this notice withdrawn, you can write to the designated person at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. |
||
|
How to pay the modified penalty |
In person |
[Details for paying in person] |
|
|
By post |
Post this notice, with a cheque or money order made payable to [payee], to: Western Australia Police or Locked Bag 9, East Perth WA 6892
Do not send cash in the mail. |
|
|
Online |
[Details for online payments] |
|
|
By telephone |
[Details for telephone payments] |
[Form 1 inserted: Gazette 29 Jul 2016 p. 3254‑6; amended: SL 2020/171 r. 4.]
Form 2 — Withdrawal of infringement notice
|
Security and Related Activities (Control) Act 1996 Security and Related Activities (Control) Regulations 1997 Withdrawal of infringement notice |
|
|
Alleged offender |
Name:Surname |
|
Given names |
|
|
Address _______________________________________ Postcode |
|
|
Infringement notice |
Infringement notice no. |
|
Date of notice //20 |
|
|
Alleged offence |
Description of offence ____________________________
|
|
Security and Related Activities (Control) Act 1996 s. [ ]. Security and Related Activities (Control) Regulations 1997 r. [ ]
|
|
|
Date //20Time |
|
|
Place |
|
|
Officer withdrawing notice |
Name |
|
Signature |
|
|
Office |
|
|
Date of withdrawal |
//20 |
|
Withdrawal of infringement notice
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The above infringement notice, which was issued for the above alleged offence, has been withdrawn. If you have already paid the modified penalty for the alleged offence in accordance with the infringement notice, the amount will be refunded to you. |
[Form 2 inserted: Gazette 29 Jul 2016 p. 3256‑7.]
This is a compilation of the Security and Related Activities (Control) Regulations 1997 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Security and Related Activities (Control) Regulations 1997 |
27 Mar 1997 p. 1651‑90 |
1 Apr 1997 (see r. 2 and Gazette 27 Mar 1997 p. 1693) |
|
Security and Related Activities (Control) Amendment Regulations (No. 2) 1998 |
12 Jun 1998 p. 3201‑3 |
1 Jul 1998 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations 1999 |
30 Jun 1999 p. 2865 |
1 Jul 1999 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations 2000 |
10 Mar 2000 p. 1123‑4 |
10 Mar 2000 |
|
Security and Related Activities (Control) Amendment Regulations (No. 2) 2000 |
30 Jun 2000 p. 3425 |
1 Jul 2000 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations (No. 3) 2000 |
28 Jul 2000 p. 4028 |
28 Jul 2000 |
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Reprint of the Security and Related Activities (Control) Regulations 1997 as at 20 Apr 2001 (includes amendments listed above) |
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Security and Related Activities (Control) Amendment Regulations 2001 |
12 Jun 2001 p. 2959‑60 |
12 Jun 2001 |
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Security and Related Activities (Control) Amendment Regulations (No. 2) 2001 |
31 Aug 2001 p. 4885‑6 |
1 Sep 2001 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations 2002 |
28 Jun 2002 p. 3100‑1 |
1 Jul 2002 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations 2003 |
20 Jun 2003 p. 2248‑9 |
1 Jul 2003 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations 2004 |
29 Jun 2004 p. 2542‑3 |
1 Jul 2004 (see r. 2) |
|
Reprint 2: The Security and Related Activities (Control) Regulations 1997 as at 9 Jul 2004 (includes amendments listed above) |
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Security and Related Activities (Control) Amendment Regulations (No. 2) 2004 |
30 Dec 2004 p. 6977 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Security and Related Activities (Control) Amendment Regulations 2005 |
1 Sep 2005 p. 4071‑93 |
1 Sep 2005 (see r. 2) |
|
Reprint 3: The Security and Related Activities (Control) Regulations 1997 as at 4 Nov 2005 (includes amendments listed above) |
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Security and Related Activities (Control) Amendment Regulations (No. 2) 2006 |
13 Apr 2006 p. 1555‑6 |
13 Apr 2006 |
|
Security and Related Activities (Control) Amendment Regulations 2006 |
28 Apr 2006 p. 1656‑8 |
28 Apr 2006 |
|
Security and Related Activities (Control) Amendment Regulations (No. 4) 2006 |
27 Jun 2006 p. 2303‑4 |
1 Jul 2006 (see r. 2) |
|
Security and Related Activities (Control) Amendment Regulations (No. 3) 2006 |
3 Oct 2006 p. 4343‑7 |
3 Oct 2006 |
|
Reprint 4: The Security and Related Activities (Control) Regulations 1997 as at 1 Dec 2006 (includes amendments listed above) |
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|
Security and Related Activities (Control) Amendment Regulations 2007 |
29 Jun 2007 p. 3200‑1 |
r. 1 and 2: 29 Jun 2007 (see r. 2(a)); |
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Security and Related Activities (Control) Amendment Regulations 2008 |
24 Jun 2008 p. 2903‑4 |
r. 1 and 2: 24 Jun 2008 (see r. 2(a)); |
|
Security and Related Activities (Control) Amendment Regulations 2009 |
26 May 2009 p. 1810‑12 |
r. 1 and 2: 26 May 2009 (see r. 2(a)); |
|
Security and Related Activities (Control) Amendment Regulations (No. 2) 2009 |
4 Dec 2009 p. 4887‑916 |
r. 1 and 2: 4 Dec 2009 (see r. 2(a)); |
|
Reprint 5: The Security and Related Activities (Control) Regulations 1997 as at 5 Mar 2010 (includes amendments listed above) |
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|
Security and Related Activities (Control) Amendment Regulations 2010 |
18 Jun 2010 p. 2691‑3 |
r. 1 and 2: 18 Jun 2010 (see r. 2(a)); |
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Security and Related Activities (Control) Amendment Regulations (No. 2) 2010 |
22 Jun 2010 p. 2784 |
r. 1 and 2: 22 Jun 2010 (see r. 2(a)); |
|
Public Sector Reform (Consequential Amendments) Regulations 2011 Pt. 7 |
11 Feb 2011 p. 502‑7 |
r. 14 and 15(a): 12 Feb 2011 (see r. 2(d)); |
|
Security and Related Activities (Control) Amendment Regulations (No. 2) 2011 |
29 Apr 2011 p. 1532 |
r. 1 and 2: 29 Apr 2011 (see r. 2(a)); |
|
Security and Related Activities (Control) Amendment Regulations (No. 3) 2011 |
10 Jun 2011 p. 2112‑13 |
r. 1 and 2: 10 Jun 2011 (see r. 2(a)); |
|
Security and Related Activities (Control) Amendment Regulations (No. 4) 2011 |
1 Jul 2011 p. 2748‑9 |
r. 1 and 2: 1 Jul 2011 (see r. 2(a)); |
|
Reprint 6: The Security and Related Activities (Control) Regulations 1997 as at 2 Dec 2011 (includes amendments listed above) |
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|
Security and Related Activities (Control) Amendment Regulations 2012 |
15 Jun 2012 p. 2540‑2 |
r. 1 and 2: 15 Jun 2012 (see r. 2(a)); |
|
Security and Related Activities (Control) Amendment Regulations 2013 |
28 Jun 2013 p. 2780-1 |
r. 1 and 2: 28 Jun 2013 (see r. 2(a)); |
|
Security and Related Activities (Control) Amendment Regulations 2014 |
17 Jun 2014 p. 1998-9 |
r. 1 and 2: 17 Jun 2014 (see r. 2(a)); |
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Security and Related Activities (Control) Amendment Regulations (No. 2) 2014 |
5 Aug 2014 p. 2834 |
r. 1 and 2: 5 Aug 2014 (see r. 2(a)); |
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Security and Related Activities (Control) Amendment Regulations 2015 |
2 Jun 2015 p. 1944‑5 |
r. 1 and 2: 2 Jun 2015 (see r. 2(a)); |
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Security and Related Activities (Control) Amendment Regulations (No. 2) 2015 |
16 Jun 2015 p. 2078‑9 |
r. 1 and 2: 16 Jun 2015 (see r. 2(a)); |
|
Reprint 7: The Security and Related Activities (Control) Regulations 1997 as at 4 Dec 2015 (includes amendments listed above) |
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|
Police Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 5 |
14 Jun 2016 p. 1826‑33 |
1 Jul 2016 (see r. 2(b)) |
|
Security and Related Activities (Control) Amendment Regulations 2016 |
29 Jul 2016 p. 3243-57 |
r. 1 and 2: 29 Jul 2016 (see r. 2(a)); |
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Police Service Regulations Amendment (Public Health) Regulations 2016 Pt. 4 |
10 Jan 2017 p. 221-4 |
24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) |
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Police Regulations Amendment (Poisons) Regulations 2016 Pt. 4 |
17 Jan 2017 p. 412‑17 |
30 Jan 2017 (see r. 2(b) and Gazette 17 Jan 2017 p. 403) |
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Police Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 5 |
27 Jun 2017 p. 3440‑8 |
1 Jul 2017 (see r. 2(b)) |
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Police Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 5 |
26 Jun 2018 p. 2392‑400 |
1 Jul 2018 (see r. 2(b)) |
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Police Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 5 |
21 Jun 2019 p. 2141‑50 |
1 Jul 2019 (see r. 2(b)) |
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Police Regulations Amendment (Fees and Charges) Regulations 2020 Pt. 5 |
SL 2020/82 19 Jun 2020 |
1 Jul 2020 (see r. 2(b)) |
|
Security and Related Activities (Control) Amendment Regulations 2020 |
SL 2020/171 25 Sep 2020 |
r. 1 and 2: 25 Sep 2020 (see r. 2(a)); |
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Police Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 5 |
SL 2021/106 29 Jun 2021 |
1 Jul 2021 (see r. 2(b)) |
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Police Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 5 |
SL 2022/65 3 Jun 2022 |
1 Jul 2022 (see r. 2(b)) |
1Formerly referred to the Liquor Licensing Act 1988 the short title of which was changed to the Liquor Control Act 1988 by the Liquor and Gaming Legislation Amendment Act 2006 s. 4. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
analyst44
ANZS3(2)
approved testing equipment44
approved training course3(1)
AS3(2)
blood sampling equipment44
business3(1)
chief executive officer44
commencement daySch. 1 cl. 11A(2)
crowd control activities3(1)
current first aid certificate3(1)
Division 1 offence25(1)
Division 2 incident25(1)
GPO14
guard dog3(1), 38A(1)
licensed activity3(1)
licensed premises4(1)
licensee44
medical certificate3(1)
medical practitioner3(1)
police officer or employee44
responsible police division3(1)
sample collector44
sampling equipment44
section3(1)
Superintendent3(1)
technologist44
training course in firearms discharge3(1)
urine sampling equipment44
written examination17(3)