SECURITY PROVIDERS ACT 1993 Reprinted as in force on 2 January 2012 Reprint No. 4G [../images/SecurityProvA93-3.gif] TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Commencement 3. Definitions 4. Who is a security provider 4A. Who is a bodyguard 5. Who is a crowd controller 6. Who is a private investigator 6A. Who is a security adviser 6B. Who is a security equipment installer 7. Who is a security officer 7A. Who is a relevant person 8. What is a security firm 8A. What is security equipment Part 2--Licences Division 1--Requirement for licence 9. Requirement to be licensed Division 2--Application for licence 10. Application 11. Entitlement to licences—individuals 12. Inquiries about person's appropriateness to hold licence 12AA. Costs of criminal history report 12A. Notice of change in criminal history 12B. Commissioner may give investigative information 12C. Use of information obtained under s 12, 12A or 12B 13. Entitlement to licences—corporations or firms 14. Decision on application 14A. Continuation of restricted licence Division 3--Conditions and term of licence 14B. Statutory conditions 15. Imposed conditions 16. Term of licence Division 4--Amendment of licence 17. Amendment of licence on application 18. Amendment of licence by chief executive 19. Notice to return licence for recording amendment Division 5--Other provisions about licence 20. Renewal of unrestricted licence 21. Grounds for suspension, cancellation or refusal to renew 21A. Approved security industry association must give notice of persons whose membership of the association ends 22. Procedure for suspension, cancellation or refusal to renew 23. Return of suspended or cancelled licence 24. Automatic cancellation on conviction 25. Replacement licences 25A. Production of licence 25B. Approval of security industry associations Division 6--Review of licence decisions 26. Review by QCAT of particular decisions of chief executive Division 7--Fingerprint procedures 27. Fingerprints to be taken 28. Chief executive must refuse to grant, or renew, licence if fingerprints have not been taken 29. Commissioner to give chief executive information about a person's identity derived from fingerprints 30. Use of fingerprints by Commissioner 31. Destruction of fingerprints Part 2A--Temporary permits 31A. Purpose of temporary permit 31B. Term of temporary permit 31C. Application for temporary permit 31D. Application of pt 2 to temporary permit 31E. What temporary permit must state 31F. Permit holder taken to hold appropriate licence if complying with conditions Part 3--Inspectors 32. Appointment of inspectors 33. Inspector's identity card 34. Production of inspector's identity card 35. Entry of place by inspector 36. Warrants 37. Warrants—applications made otherwise than in person 38. Inspector's general powers in a place 39. Procedure after thing seized 40. Power to require name and address 41. Power to require information from certain persons 42. False or misleading information 43. Power to require production of documents 44. False or misleading documents 45. Obstruction of inspectors 46. Compensation Part 4--General 47. Identification to be worn by crowd controller 48. Confidentiality of information 49. Protection from liability 50. Offences are summary offences 51. Evidentiary provisions 52. Delegation by chief executive 53. Approved forms 54. Regulation-making power Part 5--Transitional provisions for Security Providers Amendment Act 2007 55. Definitions for pt 5 56. References to crowd controller licence 57. Existing crowd controller licence 58. Requirement to be licensed—security adviser or security equipment installer 59. Application of s 9 penalty 60. Existing application for licence 61. Existing conditions on licence 62. Existing application for renewal of licence 63. Existing proceedings Part 6--Declaratory provision 64. Declaratory provision for s 29 Part 7--Transitional provisions for Fair Trading (Australian Consumer Law) Amendment Act 2010 65. When provisions relating to application for licence, or renewal of unrestricted licence, do not apply 66. Deferral of application of provisions relating to application for renewal of unrestricted licence Part 8--Transitional provision for Weapons Amendment Act 2011 67. Meaning of disqualifying offence SCHEDULE 1 -- DISQUALIFYING OFFENCE PROVISIONS UNDER THE CRIMINAL CODE SCHEDULE 2 -- DICTIONARY Endnotes - LONG TITLE An Act to license security providers, and for related purposes 1 Short title This Act may be cited as the Security Providers Act 1993. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Who is a security provider (1) A security provider is any of the following— (a) a bodyguard; (b) a crowd controller; (c) a private investigator; (d) a security adviser; (e) a security equipment installer; (f) a security officer; (g) a security firm. (2) A person employed by a security provider is not a security provider if the person's duties are only secretarial or clerical. (3) Each of the following persons is not a security provider in carrying out the functions of the person's employment— (a) a police officer or a member of the police service of the Commonwealth or a State; (b) a member of the Defence Force; (c) an officer or employee of the Commonwealth or a State; (d) a Minister of the Commonwealth or a State; (e) a department of the Commonwealth or a State; (f) an officer of or employee in the parliamentary service established under the Parliamentary Service Act 1988; (g) a casino employee or casino key employee within the meaning of the Casino Control Act 1982. (4) Also, an authorised person under the Transport Operations (Passenger Transport) Act 1994 is not a security provider in performing a function or exercising a power under that Act. 4A Who is a bodyguard A bodyguard is a person who, for reward, provides a close personal protection service. 5 Who is a crowd controller (1) A crowd controller is a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following— (a) screening the entry of persons into the place; (b) monitoring or controlling the behaviour of persons in the place; (c) removing persons from the place. Example— a bouncer at a hotel, nightclub or rock concert (2) Despite subsection (1), a person is not a crowd controller merely because the person checks that a person allowed admission to the public place has paid for the admission or has an invitation or pass allowing the admission. 6 Who is a private investigator (1) A private investigator is a person who, for reward— (a) obtains and gives private information about another person, without the other person's express consent; or (b) carries out surveillance for obtaining private information about another person, without the other person's express consent; or (c) investigates the disappearance of a missing person. (2) Despite subsection (1), a person is not a private investigator merely because— (a) the person— (i) is the employee of a person who does not, for reward, obtain and give information; and (ii) as an employee, obtains and gives information about another person; or (b) the person— (i) is an employee of a person who, for reward, obtains and gives information; and (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or (c) the person, for reward, gives information about another person from existing records in the person's possession or in the possession of the person's employer. Example of paragraph (a)— a retail department store's employee who obtains information about the credit standing of a person who has applied for the store's credit card (3) Each of the following persons is not a private investigator in carrying out the functions of the person's occupation or employment— (a) an Australian legal practitioner or an Australian legal practitioner's employee; (b) an accountant or an accountant's employee; (c) a person carrying on the business of insurance or an employee of the person; (d) a person carrying on the business of an insurance adjustment agency or an employee of the person. (4) Also, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged. (5) In this section— accountant means— (a) a person registered as an auditor under the Corporations Act; or (b) a member of CPA Australia who is entitled to use the letters 'CPA' or 'FCPA'; or (c) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters 'CA' or 'FCA'; or (d) a member of the National Institute of Accountants who is entitled to use the letters 'MNIA', 'FNIA', 'PNA' or 'FPNA'. Australian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004. Editor's note— Legal Profession Act 2004—see the Acts Interpretation Act 1954, section 14H and the Legal Profession Act 2007. independent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Service Act 2008. private information, about a person, means information, including information recorded in a document, about— (a) for an individual—the individual's personal character, actions, business or occupation; or (b) for a person other than an individual—the person's business or occupation. 6A Who is a security adviser (1) A security adviser is a person who, for reward, gives advice about security equipment or security methods or principles (security advice). (2) Despite subsection (1), a person is not a security adviser merely because— (a) the person— (i) is an employee of a person who does not, for reward, give security advice; and (ii) as an employee, gives security advice to the employer; or (b) the person— (i) is an employee of a person who, for reward, gives security advice; and (ii) as an employee, gives security advice to the employer in relation to the employer's own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or (c) the person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or (d) the person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act. 6B Who is a security equipment installer (1) A security equipment installer is a person who, for reward, installs, repairs, services or maintains security equipment. (2) Despite subsection (1), a person is not a security equipment installer merely because— (a) the person— (i) is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and (ii) as an employee, installs, repairs, services or maintains the employer's security equipment; or (b) the person— (i) is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and (ii) as an employee, installs, repairs, services or maintains the employer's security equipment; or (c) the person carries out retail key cutting; or (d) the person installs a basic security item in a building owned or occupied by the person; or (e) the person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation. (3) In this section— basic security item means— (a) a portable safe weighing not more than 50kg; or (b) a barrier security item; or Example— a security mesh door or window grille (c) an electronic or mechanical lock used for basic household security; or Example— a door lock, window lock or padlock (d) a motion sensor light that does not also activate an alarm. 7 Who is a security officer (1) A security officer is a person who, for reward, guards, patrols or watches another person's property, including by— (a) personally patrolling the property; or (b) personally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device. (2) Subsection (1) applies to a person even if the person's duties include guarding or watching other persons lawfully on property in a way that is not a close personal protection service. (3) Despite subsection (1), each of the following is not a security officer— (a) an engaged service provider within the meaning of the Corrective Services Act 2006, in carrying out the engaged service provider's functions under that Act; (b) a person who is an employee of an engaged service provider within the meaning of the Corrective Services Act 2006, in carrying out the functions of the person's employment. (4) Also, despite subsection (1) and subject to subsection (5), a person is not a security officer merely because— (a) the person— (i) is an employee of a person who does not, for reward, guard, patrol or watch another person's property; and (ii) as an employee, guards, patrols or watches the employer's property; or (b) the person— (i) is an employee of a person who, for reward, guards, patrols or watches another person's property; and (ii) as an employee, guards, patrols or watches the employer's property. (5) A person who is an employee mentioned in subsection (4) is a security officer if the person— (a) is employed principally to guard, patrol or watch the employer's property; or (b) is employed, whether or not principally, to guard, patrol or watch licensed premises of the employer. 7A Who is a relevant person A relevant person, for an application for a licence or application for renewal of an unrestricted licence, is— (a) if the application is made by an individual—the individual; or (b) if the application is made by a corporation—an officer of the corporation; or (c) if the application is made by a partnership—a partner of the partnership. 8 What is a security firm A security firm is a person who, or partnership that, engages in the business of supplying, for reward, security firm services to other persons. Editor's note— Under the Acts Interpretation Act 1954, section 36, person includes a corporation. 8A What is security equipment (1) Security equipment is acoustic, electronic, mechanical or other equipment— (a) designed, adapted, or purporting to provide or to enhance property security; or (b) for protecting or watching property. Examples— an alarm an alarm monitoring system an audio, or visual, recording system an electric, electro-mechanical, magnetic or biometric access control device an intrusion detector, including a motion, infra-red, microwave or contact detector a safe or vault (2) However, each of the following is not security equipment— (a) a device for monitoring inventory, product or stock loss; (b) an item designed to minimise the possibility of motor vehicle theft, including, for example, a motor vehicle alarm or immobiliser. 9 Requirement to be licensed (1) Unless a person holds the appropriate licence, the person must not— (a) carry out the functions of a security provider; or (b) advertise, or in any way hold out, that the person carries out or is willing to carry out, the functions of a security provider. Maximum penalty— (a) for a first offence—500 penalty units; or (b) for a second offence—700 penalty units or 6 months imprisonment; or (c) for a third or later offence—1000 penalty units or 18 months imprisonment. (2) A person must not, directly or indirectly, engage another person to carry out for reward the functions of a security provider unless the other person holds the appropriate licence. Maximum penalty— (a) for a first offence—500 penalty units; or (b) for a second offence—700 penalty units or 6 months imprisonment; or (c) for a third or later offence—1000 penalty units or 18 months imprisonment. (3) Unless a person holds the appropriate licence, the person is not entitled to any reward for carrying out the functions of a security provider. (4) Subsection (3) has effect despite any arrangement to the contrary. 10 Application (1) An application for a licence may be made to the chief executive by— (a) for any licence—an individual; or (b) for a security firm licence—a person or a partnership. (2) The application must be made in the approved form and must be accompanied by the fee prescribed under a regulation. (2A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA(1), the application must also be accompanied by the amount of the costs required to be paid. (3) The applicant must state in the application— (a) the term of the licence being applied for; and (b) if the functions of more than 1 type of security provider are intended to be carried out under the licence—each type of security provider for which the licence is sought. (3A) The applicant must also state in the application— (a) if it is for carrying out the functions of a security officer—the category of functions intended to be carried out under the licence; or (b) if it is for carrying out the functions of a security firm—the security firm services intended to be supplied under the licence. (3B) If the application is for carrying out the functions of a security firm, the application must include evidence that the applicant is a current member of an approved security industry association. (4) Only an individual may apply for, or be granted, a licence for carrying out the functions of any of the following— (a) a bodyguard; (b) a crowd controller; (c) a private investigator; (d) a security adviser; (e) a security equipment installer; (f) a security officer. (5) The chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days. (6) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse. (7) A requirement mentioned in subsection (2A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's website. (8) An application for a licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27, unless the Commissioner already holds the relevant person's fingerprints taken under section 27. (9) If a regulation prescribes a fee for taking a relevant person's fingerprints under section 27, the application must be accompanied by the fee for each relevant person for the application. (10) However, subsection (9) does not apply if the Commissioner already holds the relevant person's fingerprints taken under section 27. (11) If a relevant person's fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (9) for the relevant person for the application. 11 Entitlement to licences—individuals (1) This section applies if an individual applies for a licence. (2) A person is entitled to a licence if the chief executive is satisfied that the person— (a) is either— (i) 18 years or more; or (ii) for a class 2 licence for carrying out the functions of a security equipment installer—an apprentice or trainee security equipment installer; and (b) for an application for a class 1 licence, other than a security firm licence or restricted licence—has successfully completed an approved training course for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought; and (c) for an application for a security firm licence—is a current member of an approved security industry association; and (d) is an appropriate person to hold the licence. (2A) A person is taken to comply with subsection (2)(b) if the chief executive is satisfied the person, within 1 year before the day the person's application for the licence is received by the chief executive, held a licence for carrying out the functions, or the category of functions, of each type of security provider for which the licence is sought. (3) In deciding whether a person is an appropriate person to hold a licence, the chief executive is limited to considering the matters mentioned in subsections (4) and (5). (4) In deciding whether a person is an appropriate person to hold a licence, the chief executive must consider the following matters as indicating that the person may not be an appropriate person— (a) in dealings in which the person has been involved, the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics; (b) the person associates with a criminal in a way that indicates involvement in unlawful activity; (c) the person has taken advantage, as a debtor, of the laws of bankruptcy; (d) the person has been convicted of an offence in Queensland or elsewhere for which a conviction has been recorded, including an offence to which the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 applies; (e) an unrecorded finding of guilt has been made against the person in relation to a relevant offence and has not been quashed or set aside by a court; (f) investigative information about the person in relation to a disqualifying offence that indicates either or both of the following— (i) the person is a risk to public safety; (ii) the holding of a licence by the person would be contrary to the public interest; (g) any other information indicating the granting of the licence to the person would be contrary to the public interest. (5) A person is not an appropriate person to hold a licence if the person, within 10 years of applying for a licence, has been convicted of a disqualifying offence. (6) In this section— apprentice or trainee means an apprentice or trainee within the meaning of the Vocational Education, Training and Employment Act 2000. 12 Inquiries about person's appropriateness to hold licence (1) The chief executive may make inquiries about a person to assist in deciding whether the person— (a) is an appropriate person for the grant of the licence; or (b) continues to be an appropriate person. (2) The chief executive may ask the Commissioner to give the chief executive the following written information about the person— (a) a report about the person's criminal history; (b) a brief description of the nature of the offence giving rise to a conviction or charge mentioned in the person's criminal history. (3) Subject to subsection (4), the Commissioner must comply with a request made under subsection (2)(a) or (b). (4) The duty imposed on the Commissioner to comply with the request applies only to information in the Commissioner's possession or to which the Commissioner has access. (5) In this section— offence includes alleged offence. 12AA Costs of criminal history report (1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 12 about— (a) the applicant or licensee; or (b) if the applicant or licensee is a corporation—an officer of the corporation; or (c) if the applicant or licensee is a partnership—a partner in the partnership. (2) The chief executive must refund to an applicant an amount paid under the requirement if— (a) the chief executive refuses the application without asking for the report; or (b) the applicant withdraws the application before the chief executive asks for the report. (3) In this section— applicant includes proposed applicant. 12A Notice of change in criminal history (1) This section applies if— (a) the Commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and (b) the person's criminal history changes. (2) The Commissioner may notify the chief executive that the person's criminal history has changed. (3) The notice must state the following— (a) the person's name and any other name that the Commissioner believes the person may use or may have used; (b) the person's date and place of birth; (c) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates. (4) The chief executive may confirm the Commissioner's suspicions under subsection (1). (5) For a person who does not have a criminal history, there is taken to be a change in the person's criminal history if the person acquires a criminal history. (6) In this section— offence includes alleged offence. 12B Commissioner may give investigative information (1) This section applies if the Commissioner reasonably suspects a person is the holder of, or an applicant for, a licence. (2) The Commissioner may give the chief executive information about an investigation relating to the possible commission of a disqualifying offence by the person (investigative information). (3) The Commissioner must not give investigative information about the person if— (a) the Commissioner is reasonably satisfied that giving the information— (i) may prejudice or otherwise hinder an investigation to which the information may be relevant; or (ii) may lead to the identification of an informant; or (iii) may affect the safety of a police officer, complainant or other person; or (b) for an investigation that has been completed—the investigation has not led, and the Commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the person committed a disqualifying offence; or (c) for an investigation that has not been completed—the Commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the person committed a disqualifying offence. 12C Use of information obtained under s 12, 12A or 12B (1) This section applies to the chief executive in considering information about a person obtained under section 12, 12A or 12B. (2) Investigative information or information about a conviction of a person may be used only for making a decision as to whether the person is, or continues to be, an appropriate person for the grant of a licence. (3) Information about a charge made against the person for a disqualifying offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person's licence. (4) Subsections (2) and (3) do not affect sections 14(2) and 21(3). (5) When making a decision mentioned in subsection (2), the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— (a) when the offence was committed; (b) the nature of the offence and its relevance to the person carrying out the functions of a security provider under the licence; (c) anything else the chief executive considers relevant to the decision. (6) When making a decision mentioned in subsection (3), the chief executive must have regard to the following matters relating to information about the alleged or possible commission of an offence by the person— (a) when the offence is alleged to have been committed or may possibly have been committed; (b) the nature of the alleged or possible offence and its relevance to the person carrying out the functions of a security provider under the licence; (c) anything else the chief executive considers relevant to the decision. (7) The chief executive must destroy information obtained by the chief executive under section 12, 12A or 12B as soon as practicable after it is no longer needed for the purpose for which it was requested or given. 13 Entitlement to licences—corporations or firms (1) In this section— officer of a corporation means— (a) a director, secretary or executive officer of the corporation; or (b) a person who can control or substantially influence the conduct of the corporation's affairs including, for example, a person on whose directions or instructions the corporation's directors usually act. (2) This section applies if a corporation or partnership applies for a security firm licence. (3) The applicant is entitled to the licence if the chief executive is satisfied that— (a) each person who is an officer of the corporation, or partner in the partnership, is an appropriate person to be an officer or partner if the corporation or partnership were granted the licence; and (b) if the applicant is a corporation—the corporation has not been convicted of a disqualifying offence; and (c) the applicant is a current member of an approved security industry association. (4) The imposed conditions of the licence must state the security firm services that may be supplied under the licence. (5) Sections 11(3) to (5), 12 and 12C apply to a decision about whether a person mentioned in subsection (3)(a) is an appropriate person as if the person were the applicant for the licence. 14 Decision on application (1) The chief executive must consider an application for a licence and either— (a) grant the licence; or (b) refuse to grant the licence. (2) Despite subsection (1), if the applicant or another person required to be an appropriate person for the grant of the licence has been charged with a disqualifying offence, the chief executive may defer making a decision to grant or to refuse to grant the licence until the end of the proceeding for the charge. (3) If the chief executive decides to grant the licence, the chief executive must promptly give the applicant— (a) the licence; and (b) if a condition is stated on the licence under section 15—a QCAT information notice for the decision to impose the condition. (3A) A licence must state each type of security provider the functions of which may be carried out under the licence and, for a security officer, the category of functions that may be carried out under the licence. (4) If the chief executive decides to refuse to grant a licence, or grants a licence other than the licence applied for, the chief executive must give the applicant a QCAT information notice for the decision. (5) If the chief executive decides to defer making a decision to grant or to refuse to grant the licence, the chief executive must promptly give the applicant a QCAT information notice for the decision to defer making a decision to grant or to refuse to grant the licence. (6) This section is subject to section 28(1). 14A Continuation of restricted licence (1) Subsection (2) applies if— (a) a person who is the holder of a restricted licence applies under section 10 for the grant of an unrestricted licence for carrying out the same type of security provider functions as the person is authorised to carry out under the restricted licence; and (b) the chief executive has not, before the restricted licence ends, decided whether to grant the unrestricted licence. (2) The restricted licence is taken to continue in force until the day— (a) the chief executive grants, or refuses to grant, the unrestricted licence; or (b) the person withdraws the application for the unrestricted licence. (3) If the chief executive grants the unrestricted licence to the person, the restricted licence is cancelled on the day the unrestricted licence is granted. 14B Statutory conditions (1) A restricted licence is subject to the conditions that the licensee— (a) may carry out only— (i) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or (ii) for a security officer—the category of functions of a security officer stated in the licence; and (b) when carrying out the functions must be under appropriate direct supervision. (2) An unrestricted licence is subject to the condition that, if required in writing by the chief executive, the licensee must complete relevant approved training— (a) on renewal of the licence; or (b) at 1 or more stated intervals during the term of the licence; or (c) both on renewal of the licence and at 1 or more stated intervals during the term of the licence. (3) The chief executive may make a requirement under subsection (2) only if satisfied the relevant approved training is required— (a) because of an increased risk to public safety or protection of property since the licensee's latest successful completion of an approved training course or relevant approved training; or (b) to update the licensee's competency for carrying out the functions, or the category of functions, of a security provider authorised under the licence. (4) A licensee must comply with the statutory conditions of the licence. Note— See section 21(1)(b) for a contravention of a condition of a licence. (5) No appeal lies against a decision of the chief executive made under subsection (2). (6) A court or tribunal must dismiss a proceeding started in contravention of subsection (5). (7) In this section— decision includes a decision affected by jurisdictional error. relevant approved training, in relation to an unrestricted licence, means training approved by the chief executive for carrying out— (a) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or (b) for a security officer—the category of functions of a security officer stated in the licence. Example of relevant approved training— 1 or more components of an approved training course 15 Imposed conditions (1) The chief executive may grant a licence on conditions decided by the chief executive and stated on the licence (imposed conditions). (2) Without limiting subsection (1), for a security firm licence, the imposed conditions may include a condition that the licensee must monitor, at stated intervals, whether or not its employees who are employed as security providers are complying with this Act. (3) The licensee must comply with the imposed conditions of the licence. (4) The contravention of an imposed condition that is prescribed under a regulation for this section is an offence. Maximum penalty—40 penalty units. Note— Also, see section 21(1)(b) for a contravention of a condition of a licence. 16 Term of licence (1) A licence, other than a restricted licence, may be issued for a term of 1 year or 3 years. (2) A restricted licence may be issued for a term of not more than 6 months. (3) After the term of a restricted licence (the first licence) ends, the person who held the first licence can not apply for a further restricted licence for carrying out the functions that were authorised under the first licence. 17 Amendment of licence on application (1) A licensee may apply to the chief executive for an amendment of the licence, other than its statutory conditions. (2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (3) The chief executive must decide the application by— (a) amending the licence in the way applied for; or (b) with the applicant's written agreement, amending the licence in another way; or (c) refusing to amend the licence. (4) If the chief executive decides to refuse to amend the licence, the chief executive must give the applicant a QCAT information notice for the decision. (5) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice. 18 Amendment of licence by chief executive (1) This section applies if— (a) the chief executive considers a licence, other than its statutory conditions, should be amended; and (b) the licensee has not applied for the amendment under section 17. (2) The chief executive must give the licensee a written notice (the show cause notice) that— (a) states the reasons for the amendment; and (b) outlines the facts and circumstances forming the basis of the reasons; and (c) invites the licensee to show cause within a stated period, of at least 28 days, why the licence should not be amended. (3) The chief executive may amend the licence, other than its statutory conditions, if, after considering all representations made within the stated period, the chief executive still believes the licence should be amended— (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. (4) If the chief executive decides to amend the licence, the chief executive must give the licensee a QCAT information notice for the decision. (5) Subsections (2) to (4) do not apply if the licence is to be amended only— (a) by omitting an imposed condition; or (b) to correct a minor error or to make a change that is not a change of substance; or (c) in another way that does not adversely affect the licensee's interests. (6) The chief executive may make an amendment of a type mentioned in subsection (5) by written notice given to the licensee. (7) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at a later time stated in the notice. 19 Notice to return licence for recording amendment (1) The chief executive, by written notice, may require a licensee to return the licensee's licence to the chief executive within a stated period, of at least 14 days, to enable the chief executive to record on the licence an amendment of the licence under section 17 or 18. (2) After recording the amendment, the chief executive must return the licence to the licensee. (3) A licensee to whom a notice under subsection (1) is given must comply with the notice, unless the licensee has a reasonable excuse. Maximum penalty—20 penalty units. (4) The amendment of a licence under section 17 or 18 does not depend on the amendment being recorded on the licence under this section. 20 Renewal of unrestricted licence (1) A licensee may apply to the chief executive for the renewal of an unrestricted licence before the licence ends. (1A) If, before or when the application is made, the chief executive requires the payment of costs under section 12AA(1), the application must be accompanied by the amount of the costs required to be paid. (2) If an application for renewal of an unrestricted licence is made, the chief executive must renew the licence unless the chief executive refuses to renew it under section 22 or 28(2).. (2A) Despite subsection (2), but without limiting section 22, if either of the following has been charged with a disqualifying offence, the chief executive may defer making a decision to renew or to refuse to renew the unrestricted licence until the end of the proceeding for the charge— (a) the applicant; (b) another person required to be an appropriate person for the grant of the unrestricted licence. (3) A renewal begins at the end of the day on which, apart from its renewal, the unrestricted licence would have ended. (4) A renewal is for the term, of 1 year or 3 years, specified in the renewed licence. (5) If an application is made under subsection (1) for the renewal of an unrestricted licence and the chief executive has not, before the licence ends, decided whether to renew the licence, the licence is taken to continue in force until the day— (a) the chief executive renews, or refuses to renew, the licence; or (b) the licensee withdraws the application for renewal. (6) A requirement mentioned in subsection (1A) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's web site. (7) An application for renewal of an unrestricted licence may be considered by the chief executive only if each relevant person for the application is agreeable to having his or her fingerprints taken by the Commissioner under section 27, unless the Commissioner already holds the relevant person's fingerprints taken under section 27. (8) If a regulation prescribes a fee for taking a relevant person's fingerprints under section 27, the application must be accompanied by the fee for each relevant person for the application. (9) However, subsection (8) does not apply if the Commissioner already holds the relevant person's fingerprints taken under section 27. (10) If a relevant person's fingerprints are not taken under section 27 for the application, the chief executive must refund to the applicant any fee paid under subsection (8) for the relevant person for the application. 21 Grounds for suspension, cancellation or refusal to renew (1) Each of the following is a ground for the suspension or cancellation of a licence or the refusal to renew a licence— (a) the licence, or a renewal of the licence, was obtained because of materially incorrect or misleading information; (b) the licensee has contravened this Act, including a code of practice, or a condition of the licence; (c) the licensee has committed an offence against this Act; (d) if the licensee is an individual or a partnership—the individual, the partnership or any partner— (i) has been convicted of an offence against the Industrial Relations Act 1999, section 666(1) relating to the under payment of wages; or (ii) has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages; (e) if the licensee is a corporation— (i) the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth), section 719 in relation to the payment of an amount to a person; or (ii) the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth), section 719(6) or (7) or 720 to pay an amount to or on behalf of the person; Editor's note— Workplace Relations Act 1996 (Cwlth)—see the Acts Interpretation Act 1954, section 14H and the Fair Work Act 2009 (Cwlth). (f) the licensee is not a member of an approved security industry association; (g) the licensee, or another person required to be an appropriate person for the grant of the licence, is not, or is no longer, an appropriate person. (1A) However, subsection (1)(f) applies only if at least 60 days have passed since the later of the following— (a) the licensee was last a member of an approved security industry association; (b) the commencement of this subsection. (2) The question whether a person is, or continues to be, an appropriate person is decided in the same way as the question whether the person would be an appropriate person for the grant of the licence. (3) The charging of a licensee, or another person required to be an appropriate person for the grant of the licence, with a disqualifying offence is a ground for suspending, or refusing to renew, the licence concerned until the end of the proceeding for the charge. (4) The power of the court to impose conditions of bail under the Bail Act 1980 includes the power to impose a condition that the licensee not act as a security provider as stated in the condition. 21A Approved security industry association must give notice of persons whose membership of the association ends An approved security industry association must, within 14 days after the end of each successive month after becoming an approved security industry association, give the chief executive written notice of— (a) each person whose membership of the association ended during the month; and (b) the date the membership ended. Maximum penalty—20 penalty units. 22 Procedure for suspension, cancellation or refusal to renew (1) If the chief executive considers that reasonable grounds exist to suspend, cancel or refuse to renew a licence (the action), the chief executive must give the licensee a written notice (the show cause notice) that— (a) states the action proposed; and (b) states the grounds for proposing to take the action; and (c) outlines the facts and circumstances that form the basis for the chief executive's belief; and (d) if the chief executive proposes to suspend the licence—states the proposed suspension period; and (e) invites the licensee to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken. (2) If, after considering all representations made within the specified time, the chief executive still believes that grounds to take the action exist, the chief executive may— (a) if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or (b) if the show cause notice was a notice of intention to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or (c) if the show cause notice was a notice of intention not to renew the licence— (i) refuse to renew the licence; or (ii) refuse to renew the license for a period. (3) The chief executive must inform the licensee of the decision by written notice. (4) If the chief executive decides to cancel, suspend or refuse to renew the licence, the notice must be a QCAT information notice for the decision. (5) The decision takes effect on the later of the following— (a) the day on which the notice is given to the licensee; (b) the day specified in the notice. 23 Return of suspended or cancelled licence (1) If the chief executive cancels or suspends a person's licence, the chief executive may give the person a written notice requiring the person to return the licence as specified within a specified period, of not less than 14 days. (2) The person must comply with the notice, unless the person has a reasonable excuse not to comply with it. Maximum penalty—20 penalty units. (3) If a licence returned to the chief executive is still current at the end of the suspension period, the chief executive must return the licence to the licensee. 24 Automatic cancellation on conviction (1) A licensee's licence is cancelled if the licensee, or another person who would have been required to be an appropriate person for the grant of the licence, is convicted of a disqualifying offence. (2) The licensee must return the licence to the chief executive within 14 days after the conviction. Maximum penalty for subsection (2)—20 penalty units. 25 Replacement licences (1) A licensee may apply to the chief executive for the replacement of a lost, stolen or destroyed licence. (2) The chief executive must consider each application and either— (a) replace the licence; or (b) refuse to replace the licence. (3) If the chief executive is satisfied that the licence has been lost, stolen or destroyed, the chief executive must replace the licence. (4) If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision. 25A Production of licence A licensee must produce the licensee's licence for inspection on the request of— (a) an inspector; or (b) if the licensee is not wearing the prescribed identification when carrying out a function of a security provider—the person with whom the licensee is dealing when carrying out the function. Maximum penalty—20 penalty units. 25B Approval of security industry associations The chief executive may, under requirements prescribed under a regulation— (a) approve security industry associations for the purposes of this part; or (b) withdraw a security industry association's approval under paragraph (a). 26 Review by QCAT of particular decisions of chief executive (1) An applicant for a licence may apply to QCAT for a review of a decision of the chief executive— (a) to refuse to grant the licence; or (b) to grant a licence other than the licence applied for, including, for example, by— (i) granting a licence authorising the carrying out of the functions of only some of the types of security provider applied for; or (ii) imposing a condition on the licence; or (c) to defer making a decision to grant or to refuse to grant the licence. (2) A licensee may apply to QCAT for a review of a decision of the chief executive— (a) to amend the licence; or (b) to refuse to amend the licence; or (c) to suspend or cancel the licence; or (d) to refuse to renew the licence; or (e) to refuse to replace the licence. (3) The application must be made as provided under the QCAT Act. 27 Fingerprints to be taken (1) This section applies if a person is agreeable under section 10(8) or 20(7) to having his or her fingerprints taken by the Commissioner. (2) For the following purposes, the chief executive must ask the Commissioner to take the person's fingerprints— (a) to assist the chief executive in deciding whether the person is, or continues to be, an appropriate person to hold a licence; (b) to assist the chief executive in identifying the person for the purpose mentioned in paragraph (a). (3) The Commissioner must comply with a request made under subsection (2). 28 Chief executive must refuse to grant, or renew, licence if fingerprints have not been taken (1) The chief executive must refuse to grant a licence if the fingerprints of each relevant person for the application for the licence have not been taken by the Commissioner under section 27. (2) The chief executive must refuse to renew an unrestricted licence if the fingerprints of each relevant person for the application for the renewal have not been taken by the Commissioner under section 27. 29 Commissioner to give chief executive information about a person's identity derived from fingerprints (1) The Commissioner must give the chief executive information about a person's identity derived from fingerprints of the person taken under section 27. (2) However, the Commissioner must not give information under subsection (1) about a particular person if the Commissioner is reasonably satisfied that giving the information— (a) may prejudice or otherwise hinder an investigation to which the information may be relevant; or (b) may affect the safety of a police officer, complainant, informant or other person. 30 Use of fingerprints by Commissioner The Commissioner may use the fingerprints of a person taken under section 27 only— (a) to comply with section 29; or (b) for performing a function of the Queensland Police Service. 31 Destruction of fingerprints (1) This section applies if— (a) an application is made for a licence or renewal of an unrestricted licence; and (b) a relevant person's fingerprints have been taken under section 27 for the application; and (c) either— (i) the applicant withdraws the application; or (ii) the chief executive refuses to grant or renew the licence, and the applicant's review rights under section 26 for the application have been exhausted. (2) This section also applies if— (a) either— (i) a licence is cancelled under section 22, and the licensee's review rights under section 26 for the cancellation have been exhausted; or (ii) a licensee does not apply, under section 20, for the renewal of the licence before the licence ends; and (b) a relevant person's fingerprints have been taken under section 27 for an application for the licence or renewal of the licence. (3) The chief executive must request the Commissioner to destroy the fingerprints. (4) The Commissioner must comply with the request within a reasonable time. (5) In complying with the request, the Commissioner must destroy the fingerprints in the presence of a justice. 31A Purpose of temporary permit (1) A temporary permit allows the holder of a corresponding authority to carry out in Queensland stated authorised functions for a stated particular event. (2) In this section— stated means stated in the temporary permit. 31B Term of temporary permit The term of a temporary permit ends when the first of the following happens— (a) the event for which it is issued ends; (b) the term stated in the permit ends. 31C Application for temporary permit (1) An application for a temporary permit may be made to the chief executive by— (a) for a temporary permit for carrying out authorised functions of a security firm—a person or a partnership; or (b) for another temporary permit—an individual. (2) The application must be accompanied by— (a) evidence satisfying the chief executive that the applicant holds a corresponding authority; and (b) the fee prescribed under a regulation. (3) The applicant must state in the application— (a) the event for which the temporary permit is sought; and (b) the authorised functions intended to be carried out under the temporary permit; and (c) if authorised functions of a security firm are intended to be carried out—the security firm services intended to be supplied under the temporary permit. (4) Only an individual may apply for, or be granted, a temporary permit for carrying out authorised functions of any of the following— (a) a bodyguard; (b) a crowd controller; (c) a security officer. (5) The chief executive, by written notice, may request the applicant to give further information or documents relevant to the application within a stated period of at least 28 days. (6) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a request under subsection (5) without a reasonable excuse. 31D Application of pt 2 to temporary permit (1) The following provisions of part 2 apply to a temporary permit as if the temporary permit were a licence and the holder of the temporary permit were a licensee— (a) division 2, other than sections 10, 11(2)(b) and (2A) and 14A; (b) section 15, other than section 15(2)(a); (c) divisions 4 and 5, other than sections 20 and 25; (d) division 6. (2) Despite subsection (1)(c), sections 21 and 22 apply to a temporary permit only for suspending or cancelling the temporary permit. 31E What temporary permit must state A temporary permit must state— (a) the event for which it is issued; and (b) the authorised functions that may be carried out under the temporary permit; and (c) if authorised functions of a security firm may be carried out—the security firm services that may be supplied under the temporary permit. 31F Permit holder taken to hold appropriate licence if complying with conditions (1) The holder of a temporary permit is taken to hold an appropriate licence for carrying out the functions of a security provider stated in the temporary permit. (2) However, subsection (1) does not apply to the holder if the holder does not comply with the conditions of the temporary permit. Note— If a holder of a temporary permit does not comply with an imposed condition of the temporary permit, because of section 31D, section 15 (4) may apply to the holder if the imposed condition is prescribed under a regulation as mentioned in that subsection. 32 Appointment of inspectors (1) The chief executive may appoint an officer of the public service to be an inspector. (2) The chief executive may appoint a person to be an inspector only if— (a) the chief executive believes that the person has the necessary expertise or experience to be an inspector; or (b) the person has satisfactorily completed a course of training approved by the chief executive. (3) The chief executive may limit the powers of an inspector by stating conditions in the instrument of appointment. 33 Inspector's identity card (1) The chief executive must issue an identity card to each inspector. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector. (3) A person who stops being an inspector must return the identity card to the chief executive as soon as practicable after stopping to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3)—20 penalty units. 34 Production of inspector's identity card (1) An inspector may exercise a power under this Act in relation to a person only if the inspector first produces or displays the inspector's identity card for inspection by the person. (2) If, for any reason, it is not practicable to comply with subsection (1), the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. 35 Entry of place by inspector An inspector may enter a place if— (a) the occupier of the place consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. 36 Warrants (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must— (a) be sworn; and (b) set out the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires. Example— The magistrate may require that additional information supporting the application be given by a statutory declaration. (4) The magistrate may issue a warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting that— (a) there is a particular thing (the evidence) that may provide evidence of the commission of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state— (a) that the inspector is authorised, with assistance and force that may be necessary and reasonable— (i) to enter the place; and (ii) to exercise the inspector's powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day when entry may be made; and (d) the day (within 14 days after the warrant's issue) on which the warrant stops having effect. 37 Warrants—applications made otherwise than in person (1) An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer's remote location. (2) Before applying for the warrant, the inspector must prepare an application that sets out the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector. (5) If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector— (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was signed; and (iii) record the reasons for issuing the warrant on the warrant; and (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate. (7) The inspector must send to the magistrate— (a) the sworn application; and (b) if a warrant form was completed by the inspector—the completed warrant form. (8) The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. (9) On receipt of the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. (10) If— (a) it is material for a court to be satisfied that the exercise of a power was authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence; the court must assume the exercise of power was not authorised by a warrant, unless the contrary is proved. 38 Inspector's general powers in a place (1) After entering a place under section 35 (Entry of place by inspector), an inspector may exercise a power mentioned in subsection (2) only if— (a) the occupier of the place consents to the exercise of the power; or (b) the entry was authorised by a warrant. (2) The inspector may— (a) search any part of the place; or (b) if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or (c) in any case—seize a thing if the inspector believes on reasonable grounds that— (i) the thing is evidence of the commission of an offence against this Act; and (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or (d) inspect, examine, photograph or film anything in or on the place; or (e) take extracts from, or make copies of, any documents in or on the place; or (f) take into or onto the place any person, equipment and materials that the inspector reasonably requires for the purpose of exercising any powers in relation to the place. 39 Procedure after thing seized (1) As soon as practicable after a thing is seized by an inspector under section 38 (Inspector's general powers in a place), the inspector must give a receipt for it to the person from whom it was seized. (2) The inspector must allow a person who would be entitled to the seized thing if it were not in the inspector's possession— (a) to inspect it; or (b) if it is a document—to take extracts from it or make copies of it. (3) The inspector must return the seized thing to the person at the end of— (a) 6 months; or (b) if a prosecution for an offence involving it is started within 6 months—the proceeding for the offence and any appeal from the proceeding. (4) Despite subsection (3), the inspector must return the seized thing to the person if the inspector is satisfied that— (a) its retention as evidence is no longer necessary; and (b) its return is not likely to result in its use in repeating the offence. 40 Power to require name and address (1) An inspector may require a person to state the person's name and address if the inspector— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds that the person has recently committed an offence against this Act in the vicinity. (2) When making the requirement, the inspector must warn the person that it is an offence to fail to state the person's name and address, unless the person has a reasonable excuse. (3) The inspector may require the person to give evidence of the correctness of the person's name or address if the inspector suspects, on reasonable grounds, that the name or address given is false. (4) A person must comply with an inspector's requirement under subsection (1) or (2), unless the person has a reasonable excuse for not complying with it. Maximum penalty—60 penalty units. (5) The person does not commit an offence against this section if— (a) the inspector required the person to state the person's name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence. 41 Power to require information from certain persons (1) If an inspector suspects, on reasonable grounds, that a contravention of this Act has happened, the inspector may require any of the following persons to give information about the contravention— (a) a person who was a security provider at a time relevant to the contravention (a relevant time); (b) a person who had directly or indirectly engaged a security provider at a relevant time; (c) a person who was an employee of a person mentioned in paragraph (a) or (b) at a relevant time. (1A) The inspector may require the information to be given— (a) to the inspector or another specified inspector; or (b) at the place the requirement is made or at another stated place; or (c) immediately or at, by or within a stated time; or (d) in person or in another specified way. (2) When making the requirement, the inspector must warn the person that it is an offence to fail to give the information, unless the person has a reasonable excuse. (3) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—60 penalty units. (4) It is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person. (5) The person does not commit an offence against this section if the information sought by the inspector is not in fact relevant to the contravention. 42 False or misleading information (1) A person must not— (a) state anything to an inspector that the person knows is false or misleading in a material particular; or (b) omit from a statement made to an inspector anything without which the statement is, to the person's knowledge, misleading in a material particular. Maximum penalty—60 penalty units. (2) A complaint against a person for an offence against subsection (1)(a) or (b) is sufficient if it states the statement made was false or misleading to the person's knowledge. 43 Power to require production of documents (1) An inspector may require a person to produce a document required to be held or kept by the person under this Act to the inspector for inspection. (2) The person must produce the document, unless the person has a reasonable excuse for not producing it. Maximum penalty—60 penalty units. (3) The inspector may keep a document that is produced— (a) to take an extract from the document; or (b) to make a copy of the document. (4) The inspector must return the document to the person as soon as practicable after taking the extract or making the copy. 44 False or misleading documents (1) A person must not give to the chief executive or an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the chief executive or inspector of the extent to which the document is false or misleading; and (b) gives the correct information to the chief executive or inspector if the person has, or can reasonably obtain, the correct information. 45 Obstruction of inspectors (1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. (2) In this section— obstruct includes hinder, resist and attempt to obstruct. 46 Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to make the order in the circumstances of the particular case. 47 Identification to be worn by crowd controller When acting as a crowd controller, a licensed crowd controller must wear the prescribed identification, so the identification is clearly visible. Maximum penalty—20 penalty units. 48 Confidentiality of information (1) A person must not disclose, use or record information gained by the person through involvement in the administration of this Act. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to— (a) an act done for the purposes of this Act; or (b) disclosure of information to the Commissioner; or (c) disclosure of information ordered by a court or tribunal for a proceeding before it; or (d) disclosure of information under a regulation or another Act. (3) A person gains information through involvement in the administration of this Act if the person gains the information in the course of, or because of an opportunity provided by, the involvement. (4) The following persons are taken to be involved in the administration of this Act— (a) the chief executive; (b) the department's public service employees; (c) inspectors. 49 Protection from liability (1) In this section— official means— (a) the chief executive; or (b) an inspector; or (c) a person acting under the direction of an inspector; or (d) a public service employee. (2) An official does not incur civil liability for an act or omission done honestly and without negligence under this Act. Editor's note— Under the Acts Interpretation Act 1954, section 36, under includes 'for the purposes of'. (3) A liability that would, apart from this section, attach to an official attaches instead to the State. 50 Offences are summary offences An offence against this Act is a summary offence. 51 Evidentiary provisions (1) This section applies to any proceeding under this Act. (2) Unless a party, by reasonable notice, requires proof of— (a) the appointment of an inspector; or (b) the authority of an inspector to do anything under this Act; the appointment or authority must be presumed. (3) A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— (a) that a stated document is a licence or temporary permit or copy of a licence or temporary permit issued under this Act; (b) that on a stated day, or during a stated period, a person was or was not a licensee or a stated type of licensee; (c) that a licence— (i) was or was not issued for a stated term; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to conditions or a stated condition; (d) that on a stated day, or during a stated period, a person was or was not the holder of a temporary permit or a stated type of temporary permit; (e) that a temporary permit— (i) was or was not issued for a stated event; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to conditions or a stated condition; (f) that a document is a copy of a record kept under this Act. 52 Delegation by chief executive (1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified public service employee. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example— a person's classification level in the public service 53 Approved forms (1) The chief executive may approve a form for the purposes of this Act. (2) If the chief executive approves a form for a purpose, the form must be used for the purpose. (3) A person may request the chief executive to give the person an approved form. (4) The chief executive must promptly comply with the request. 54 Regulation-making power (1) The Governor in Council may make regulations for the purposes of this Act. (2) A regulation may be made— (a) providing that a security provider need not hold the appropriate licence for a specified type of activity, event or place, despite section 9; or (b) authorising the chief executive to approve that a crowd controller or security officer need not hold the appropriate licence for a specified activity, event or place, despite section 9; or (c) setting the fees payable under this Act, or providing for a refund of fees that have been paid; or (d) prescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 20 penalty units for a contravention; or (e) regulating the conduct of security providers; or (f) providing for licensed corporations and partnerships, including, for example— (i) dealing with changes to the composition or control of corporations and partnerships; and (ii) imposing duties on particular persons to ensure the corporation or partnership complies with this Act and requiring proof of compliance; and (iii) the way in which a partnership is to apply for a licence. (3) Also, a regulation may prescribe a code of practice for security providers. Note— See section 21(1)(b) for a contravention of a code of practice. 55 Definitions for pt 5 In this part— bodyguard functions means the functions of a bodyguard. crowd controller functions means the functions of a crowd controller. 56 References to crowd controller licence (1) In an Act or document, a reference to a crowd controller licence authorising the carrying out of bodyguard functions is taken to be a reference to an unrestricted licence authorising the carrying out of bodyguard functions and not authorising the carrying out of crowd controller functions. (2) In an Act or document, a reference to a crowd controller licence authorising the carrying out of crowd controller functions is taken to be a reference to an unrestricted licence authorising the carrying out of crowd controller functions and not authorising the carrying out of bodyguard functions. 57 Existing crowd controller licence (1) This section applies to a crowd controller licence issued before the commencement of this section (the existing licence) authorising a person to carry out bodyguard functions, whether or not the existing licence also authorises the person to carry out crowd controller functions. (2) To the extent the existing licence authorises the person to carry out bodyguard functions, it is taken to be an unrestricted licence authorising the person to carry out bodyguard functions until its term ends or it is sooner cancelled. (3) Despite sections 20 and 62, the existing licence can not be renewed to authorise the carrying out of bodyguard functions. 58 Requirement to be licensed—security adviser or security equipment installer Section 9 does not apply to a person who is a security adviser or security equipment installer in relation to the functions of a security adviser or security equipment installer until the end of 3 months after the commencement of this section. 59 Application of s 9 penalty For the application of the penalty in section 9(b) and (c) after the commencement of this section, an offence committed before the commencement can not be taken into account, even if the conviction for the offence happens after the commencement. 60 Existing application for licence (1) This section applies to an application for a licence made, but not decided, before the commencement of this section. (2) Subject to subsection (3), this Act as in force immediately after the commencement of this section applies in relation to the application, and a decision or appeal in relation to the application. (3) If the application is for a crowd controller licence authorising the carrying out of bodyguard functions and the applicant has successfully completed a previously approved training course for carrying out crowd controller functions, the applicant is taken to have successfully completed an approved training course for carrying out bodyguard functions. (4) However, subsection (3) does not prevent the chief executive from imposing a condition on the licence requiring the licensee to undertake further stated training. (5) In this section— previously approved training course means a training course approved, before the commencement, by the chief executive. 61 Existing conditions on licence (1) This section applies if a licence in force immediately before the commencement of this section has a condition stated on it. (2) The condition is taken to be an imposed condition. 62 Existing application for renewal of licence (1) This section applies to an application for the renewal of a licence made, but not decided, before the commencement of this section. (2) This Act as in force immediately after the commencement of this section applies in relation to the application, and a decision or appeal in relation to the application. 63 Existing proceedings (1) A proceeding started before the commencement of this section and pending at the commencement, may be continued, and decided, under this Act as in force immediately before the commencement. (2) In this section— proceeding means a proceeding— (a) under the Judicial Review Act 1991 in relation to a decision made under this Act; or (b) for an offence against this Act. 64 Declaratory provision for s 29 (1) To remove any doubt, it is declared that the amending provision had effect, on the commencement, to omit section 29 as in force immediately before the commencement and to insert section 29 as set out in the amending provision. (2) In this section— amending provision means the Security Providers Amendment Act 2007, section 27. commencement means the commencement of the amending provision. 65 When provisions relating to application for licence, or renewal of unrestricted licence, do not apply (1) Section 10(8) to (11) and part 2, division 7 do not apply to an application for a licence that is undecided immediately before the commencement of this section. (2) Section 20(7) to (10) and part 2, division 7 do not apply to an application for renewal of an unrestricted licence that is undecided immediately before the commencement of this section. 66 Deferral of application of provisions relating to application for renewal of unrestricted licence Section 20(7) to (10) and part 2, division 7 only apply to an application for renewal of an unrestricted licence made on or after the day that is 3 months after the commencement of this section. 67 Meaning of disqualifying offence (1) For deciding whether an offence against the Weapons Act 1990, section 51 (1), is a disqualifying offence, an offence committed before the commencement can not be taken into account. (2) In this section— commencement means the commencement of the Weapons Amendment Act 2011. - SCHEDULE 1 -- DISQUALIFYING OFFENCE PROVISIONS UNDER THE CRIMINAL CODE 1 Chapter 9 (Unlawful assemblies—breaches of the peace) 2 Chapter 16 (Offences relating to the administration of justice) 3 Chapter 20 (Miscellaneous offences against public authority) 4 Chapter 22 (Offences against morality) 5 Chapter 28 (Homicide—suicide—concealment of birth) 6 Chapter 29 (Offences endangering life or health) 7 Chapter 30 (Assaults) 8 Chapter 32 (Rape and sexual assaults) 9 Chapter 33 (Offences against liberty) 9A Chapter 33A (Unlawful stalking) 10 Chapter 36 (Stealing) 11 Chapter 37 (Offences analogous to stealing) 12 Chapter 38 (Stealing with violence—extortion by threats) 13 Chapter 39 (Burglary—Housebreaking—and like offences) 14 Chapter 40 (Other fraudulent practices) 15 Chapter 41 (Receiving property stolen or fraudulently obtained and like offences) 16 Chapter 42 (Frauds by trustees and officers of companies and corporations—false accounting) 17 Chapter 42A (Secret commissions) 18 Chapter 46 (Offences) 19 Chapter 49 (Punishment of forgery and like offences) 20 Chapter 52 (Personation) 21 Chapter 56 (Conspiracy) 1 Section 343A (Assaults occasioning bodily harm) 2 Section 344 (Aggravated assaults) - SCHEDULE 2 -- DICTIONARY appropriate direct supervision, for carrying out the functions of a particular type of security provider, means direct supervision of a security provider by another security provider who— (a) is a security provider of the same type as the supervised security provider; and (b) holds an unrestricted licence for carrying out the functions. appropriate licence means— (a) for a security provider other than a security officer—a class 1 or class 2 unrestricted licence authorising the licensee to carry out the functions of the types of security provider stated in the licence; or (b) for a security provider who is a security officer— (i) a class 1 unrestricted licence authorising the licensee to carry out the category of functions of a security officer stated in the licence; or (ii) a class 1 restricted licence authorising the licensee to carry out the category of functions of a security officer stated in the licence, under appropriate direct supervision; or (c) for a security provider other than a security firm or security officer—a class 1 or class 2 restricted licence authorising the licensee to carry out the functions of the types of security provider stated in the licence, under appropriate direct supervision. approved security industry association means a security industry association approved under section 25B(a) whose approval under that section has not been withdrawn by the chief executive under section 25B(b). approved training course, for carrying out the functions or a category of functions of a particular type of security provider, means a training course approved by the chief executive for the carrying out of the functions or the category of functions. arrangement includes scheme, agreement, understanding, promise or undertaking (express or implied). authorised functions means functions authorised under a corresponding authority. bodyguard see section 4A. bodyguard functions, for part 5, see section 55. cash in transit category, of functions of a security officer, means the carrying out of the activities of personally guarding, patrolling or watching another person's cash or other valuables while they are in transit or being stored in connection with their transit. category, of functions of a security officer, means— (a) cash in transit category; or (b) dog patrol category; or (c) monitoring category; or (d) unarmed category. charge, for an offence, means a charge in any form, including, for example, the following— (a) a charge on an arrest; (b) a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382; (c) a complaint under the Justices Act 1886; (d) a charge by a court under the Justices Act 1886, section 42(1A) or another provision of an Act; (e) an indictment. class 1 licence means— (a) an unrestricted licence for carrying out the functions of 1 or more of the following— (i) a bodyguard; (ii) a crowd controller; (iii) a private investigator; (iv) a security officer; (v) a security firm supplying security firm services of a person mentioned in any of subparagraphs (i) to (iv) who holds a class 1 unrestricted licence; or (b) a restricted licence for carrying out 1, or more than 1, of the functions of a bodyguard, crowd controller, private investigator or security officer. class 2 licence means— (a) an unrestricted licence for carrying out the functions of 1 or more of the following— (i) a security adviser; (ii) a security equipment installer; (iii) a security firm supplying security firm services of a person mentioned in subparagraph (i) or (ii) who holds a class 2 unrestricted licence; or (b) a restricted licence for carrying out the functions of either or both a security adviser or security equipment installer. Commissioner means the Commissioner of the Police Service. condition means a statutory condition or an imposed condition. conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. corresponding authority means an authority, however described, issued under the law of another State that is equivalent to an unrestricted licence for carrying out the functions of 1 or more of the following— (a) a bodyguard; (b) a crowd controller; (c) a security officer; (d) a security firm supplying security firm services of a person mentioned in paragraph (a), (b) or (c) who holds a class 1 unrestricted licence. criminal history, of a person, means— (a) despite the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, every conviction of the person for an offence, in Queensland or elsewhere, whether before or after the commencement of this definition; and (b) every charge made against the person for an offence, in Queensland or elsewhere, whether before or after the commencement of this definition. crowd controller see section 5. crowd controller functions, for part 5, see section 55. disqualifying offence— (a) means an offence— (i) under the Weapons Act 1990 that is punishable by imprisonment for 1 year or more, even if a fine may be imposed in addition or as an alternative; or (ii) under the Drugs Misuse Act 1986 that is punishable by imprisonment for 1 year or more, even if a fine may be imposed in addition or as an alternative; or (iii) against a provision of the Criminal Code mentioned in schedule 1; or (iv) against the Police Service Administration Act 1990, section 10.19(b), (c), (d), (e) or (f); or (v) against a provision of the Criminal Code of the Commonwealth, part 5.3, or a law of a State, or an overseas country, that relates to terrorism; and (b) includes an act or omission committed outside Queensland that would be a disqualifying offence if committed in Queensland. dog patrol category, of functions of a security officer, means the carrying out of the activities of personally guarding, patrolling or watching another person's property with a dog. fingerprint means an image or impression of friction ridge detail from the palmar surface of a person's hand and includes a digital image of the friction ridge detail from the palmar surface of the person's hand. functions, of a security provider— (a) means the carrying out of the activities mentioned in a following provision— (i) for a bodyguard—section 4A; (ii) for a crowd controller—section 5; (iii) for a private investigator—section 6; (iv) for a security adviser—section 6A; (v) for a security equipment installer—section 6B; (vi) for a security firm—section 8; or (b) for a security officer, means 1 or more categories of functions of a security officer. imposed condition see section 15(1). inspector means a person who is appointed under section 32 as an inspector. investigative information see section 12B(2). licence means a licence issued under part 2. licensed premises means licensed premises within the meaning of the Liquor Act 1992. monitoring category, of functions of a security officer, means the carrying out of the activities mentioned in section 7(1)(b). obstruct includes hinder, resist and attempt to obstruct. prescribed identification, for a particular type of security provider, means the identification prescribed under a regulation for the type of security provider. private investigator see section 6. public place includes— (a) licensed premises; and (b) an entertainment venue to which the public are admitted, whether or not for consideration. QCAT information notice means a notice complying with the QCAT Act, section 157 (2). relevant offence means a disqualifying offence committed by a person when the person was an adult and within the previous 5 years. relevant person see section 7A. restricted licence means a licence for carrying out the functions of a type of security provider stated in the licence under appropriate direct supervision. reward means reward under an arrangement. security adviser see section 6A. security equipment see section 8A. security equipment installer see section 6B. security firm has the meaning given by section 8. security firm licence means a licence authorising a security firm to supply security firm services. security firm services means the services of a bodyguard, crowd controller, private investigator, security adviser, security equipment installer or security officer. security industry association means an association that represents the interests of security providers. security officer has the meaning given by section 7. security provider has the meaning given by section 4. State includes Territory. statutory condition, of a licence, means a condition to which the licence is subject under section 14B(1) or (2). temporary permit means a temporary permit issued under part 2A. unarmed category, of functions of a security officer, means the carrying out of the activities of personally guarding, patrolling or watching another person's property— (a) other than as mentioned in section 7(1)(b); and (b) without a weapon within the meaning of the Weapons Act 1990. unrecorded finding of guilt, in relation to a relevant offence, means a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence. unrestricted licence means a licence for carrying out, other than under appropriate direct supervision— (a) for a security provider other than a security officer—the functions of each type of security provider stated in the licence; or (b) for a security officer—the category of functions of a security officer stated in the licence. - NOTES Page Date to which amendments incorporated 70 Key 71 Table of reprints 71 Tables in earlier reprints 72 List of legislation 72 List of annotations 75 List of forms notified or published in the gazette 84 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 2 January 2012. Future amendments of the Security Providers Act 1993 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 17 February 1995 24 March 1995 1A 1995 Act No. 37 17 February 1995 20 February 1997 1B 1997 Act No. 9 20 June 1997 11 July 1997 1C 1997 Act No. 82 5 December 1997 12 December 1997 2 1997 Act No. 82 5 December 1997 14 January 1998 2A 1999 Act No. 63 5 December 1997 7 January 2000 2B 1999 Act No. 63 10 March 2000 10 March 2000 2C 2000 Act No. 24 27 June 2000 7 July 2000 2D 2001 Act No. 45 15 July 2001 25 January 2002 2E 2001 Act No. 45 28 February 2002 1 March 2002 2F 2002 Act No. 13 7 June 2002 21 June 2002 Reprint No. Amendments included Effective Notes 2G 2003 Act No. 94 3 December 2003 2H 2003 Act No. 94 15 March 2004 2I 2005 Act No. 14 22 April 2005 2J 2005 Act No. 17 1 July 2005 2K 2006 Act No. 9 2006 Act No. 15 March 2006 R2K withdrawn, see R3 10 3 — 15 March 2006 3A 2007 Act No. 15 1 July 2007 3B 2007 Act No. 15 1 October 2007 3C 2007 Act No. 15 2008 Act No. 1 July 2008 26 3D 2008 Act No. 67 1 December 2008 4 2008 Act No. 69 22 May 2009 4A 2009 Act No. 25 2 November 2009 4B 2009 Act No. 24 1 December 2009 4C 2009 Act No. 2 24 February 2010 4D 2009 Act No. 2 3 December 2010 4E 2009 Act No. 2 24 February 2011 4F 2010 Act No. 54 1 July 2011 4G 2011 Act No. 37 2 January 2012 Name of table Reprint No. Corrected minor errors 4 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) [../images/SecurityProvA93-4.gif]