South Australian Consolidated Acts

SECURITY AND INVESTIGATION AGENTS ACT 1995 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"agent" means a security agent, an investigation agent or a process server;

"approved psychological assessment" means a form of psychological assessment approved by the Commissioner for the purpose of determining whether a person is fit and proper to hold a security agents licence;

"Commissioner" means the Commissioner for Consumer Affairs;

"Court" means the Administrative and Disciplinary Division of the District Court of South Australia;

"criminal intelligence" means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, or to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement;

"director" of a body corporate includes—

            (a)         a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

            (b)         any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; and

            (c)         a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the body corporate or who has the capacity to affect significantly the body corporate's financial standing;

"holder of a security agents licence" includes the holder of a security agents licence that has been suspended;

"investigation agent" means a person who performs one or more of the following functions for fee or reward:

            (a)         ascertaining the whereabouts of or repossessing goods that are subject to a security interest;

            (b)         collecting or requesting the payment of debts;

            (c)         executing legal process for the enforcement of a judgment or order of a court;

            (d)         executing distress for the recovery of rates, taxes or money;

            (e)         obtaining or providing (without the written consent of a person) information as to the personal character or actions of the person or as to the business or occupation of the person;

            (f)         searching for missing persons;

            (g)         obtaining evidence for the purpose of legal proceedings (whether the proceedings have been commenced or are prospective);

"loss adjuster" means a person who performs one or more of the following functions:

            (a)         investigating loss or injury arising from the use of a motor vehicle or personal injury arising out of or in the course of the employment of the person by whom the injury was sustained;

            (b)         obtaining evidence for the purpose of legal proceedings in respect of such loss or injury;

            (c)         assessing pecuniary compensation or damages likely to be awarded in respect of such loss or injury;

            (d)         making, commencing, resisting, negotiating, compromising or settling a claim in respect of such loss or injury;

"process server" means a person who, for fee or reward, serves a writ, summons or other legal process;

"security agent" means a person who performs one or more of the following functions for fee or reward:

            (a)         protecting or guarding a person or property or keeping a person or property under surveillance;

            (b)         hiring out or otherwise supplying dogs or other animals for the purpose of protecting or guarding a person or property;

            (c)         preventing, detecting or investigating the commission of an offence in relation to a person or property;

            (d)         controlling crowds;

            (e)         providing advice on security alarm or surveillance systems;

            (f)         hiring out or otherwise supplying security alarm or surveillance systems;

            (g)         installing or maintaining security alarm or surveillance systems;

"security agents licence" includes a restricted security agents licence;

"security alarm or surveillance system" means electronic or other devices designed, constructed or adapted to give warning of or monitor or record unauthorised entry or misconduct on premises or parts of premises;

"security interest" means any interest in or power over goods that secures payment of a debt or performance of any other obligation.