South Australian Consolidated Acts

SECURITY AND INVESTIGATION AGENTS ACT 1995 - SCHEDULE 2

Schedule 2—Repeal and transitional provisions

1—Repeal

The Commercial and Private Agents Act 1986 is repealed.

2—Transitional provisions

        (1)         A person who held a licence under the Commercial and Private Agents Act 1986 immediately before the commencement of this Act with an endorsement listed in column 1 below will be taken to have been licensed as an agent under this Act with a licence as described opposite in column 2.

Endorsement	Class of licence
1 or commercial agent	a restricted investigation agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to—         •         ascertaining the whereabouts of or repossessing goods that are subject to a security interest         •         collecting or requesting the payment of debts         •         executing legal process for the enforcement of a judgment or order of a court         •         executing distress for the recovery of rates, taxes or money
2 or inquiry agent	a restricted investigation agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to—         •         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         •         searching for missing persons         •         obtaining evidence for the purpose of legal proceedings (whether the proceedings have been commenced or are prospective)
3 or security agent	a restricted security agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to—         •         protecting or guarding a person or property or keeping a person or property under surveillance         •         hiring out or otherwise supplying dogs or other animals for the purpose of protecting or guarding a person or property         •         preventing, detecting or investigating the commission of an offence in relation to a person or property         •         controlling crowds
4 or security guard	a restricted security agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to—         •         protecting or guarding a person or property or keeping a person or property under surveillance         •         preventing, detecting or investigating the commission of an offence in relation to a person or property         •         controlling crowds
5 or security alarm agent	a restricted security agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to—         •         providing advice on security alarm or surveillance systems         •         hiring out or otherwise supplying security alarm or surveillance systems         •         installing or maintaining security alarm or surveillance systems
6 or security officer	a restricted security agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to preventing, detecting or investigation the commission of an offence in relation to a person or property
7 or crowd controller	a restricted security agents licence subject to a condition limiting the functions that may be performed under the authority of the licence to controlling crowds

        (2)         If the person's licence under the Commercial and Private Agents Act 1986 was subject to a condition under section 11 of that Act, the corresponding condition will be taken to have been imposed under section 10 on the person's licence under this Act.

        (3)         If an order or decision of the Commercial Tribunal is in force or continues to have effect under Part 2 Division 2 of the Commercial and Private Agents Act 1986 immediately before the commencement of this Act, the order or decision has effect as if it were an order of the Court under Part 4 of this Act.

        (4)         If a person—

            (a)         who was disqualified from being licensed under the repealed Act immediately before the commencement of this Act; and

            (b)         who remains disqualified at the commencement of this subclause,

is employed or otherwise engaged in the business of an agent during the period of that disqualification, both that person and the agent are guilty of an offence.

Maximum penalty: $5 000.

        (5)         Subclause (4) applies after its commencement, whether the contract of employment or other engagement was entered into before or after its commencement.

3—Transitional provisions relating to Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005

        (1)         The Commissioner must, within 2 years after the day on which section 1 of the Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005 comes into operation, by notice in writing, require—

            (a)         each natural person who is on that day the holder of a security agents licence; and

            (b)         each director of a body corporate that is on that day the holder of a security agents licence,

to attend at a specified time and place for the purpose of having his or her fingerprints taken.

        (2)         As soon as reasonably practicable after fingerprints have been taken from a person pursuant to a requirement under subclause (1), the Commissioner of Police must make available to the Commissioner such information to which the Commissioner of Police has access about the identity, antecedents and criminal history of the person as the Commissioner of Police considers relevant.

        (3)         If a person fails to comply with a notice under subclause (1), the Commissioner may, by notice in writing, require the person to make good the default.

        (4)         If the person fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the person's licence is cancelled.

        (5)         A person whose fingerprints have been taken under this clause may, if his or her security agents licence is cancelled or voluntarily surrendered, or if he or she was required to provide the fingerprints because he or she was the director of a body corporate that has since dissolved, apply to the Commissioner of Police to have the fingerprints, and any copies of the fingerprints, destroyed.

        (6)         The Commissioner of Police may grant or refuse the application as the Commissioner of Police sees fit.