QueenslandSecurityProvidersAct1993SecurityProvidersRegulation1995Reprinted as in force on 1 July 2007Reprint No. 3EThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2008 SL No. 119 s 29
Information about this reprintThis
regulation is reprinted as at 1 July 2007. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
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s13s3Security Providers Regulation 1995Security Providers Regulation 1995[as
amended by all amendments that commenced on or before 1 July
2007]Part 1Preliminary1Short
titleThisregulationmaybecitedastheSecurityProvidersRegulation 1995.2DefinitionsIn this
regulation—duallicencemeansadocumentcombiningacrowdcontroller’s
licence and a security officer’s licence.officerofacorporationhasthemeaninggivenbysection13(1)1of the Act.registered
business namemeans a business name registeredunder
theBusiness Names Act 1962.training coursemeans a training
course mentioned in section11(2)2oftheActforalicenceotherthanasecurityfirm’slicence.Part 2Licences3Documents accompanying application(1)An application for a licence must be
accompanied by—1Section 13 (Entitlement to
licences—corporations or firms) of the Act2Section 11 (Entitlement to
licences—individuals) of the Act
s34s3Security Providers Regulation 1995(a)foracrowdcontroller’slicence,privateinvestigator’slicence, security
officer’s licence or dual licence—(i)3testimonialsbyreputablepersons,abouttheapplicant’s character; and(ii)2 recent passport-size photographs
certified to bephotographs of the applicant by a person who
hasknown the applicant for at least 1 year;
and(iii)a certified copy
of, or extract from, the applicant’sbirthcertificate,orotherevidencesatisfactorytothe
chief executive about the applicant’s name anddate and place of
birth; and(iv)evidence satisfactory to the chief
executive, of theapplicant’ssuccessfulcompletionofatrainingcourse; or(b)for an application by an individual
for a security firm’slicence—(i)3testimonialsbyreputablepersons,abouttheindividual’s character; and(ii)a certified copy of, or extract from,
the individual’sbirthcertificate,orotherevidencesatisfactorytothe
chief executive about the individual’s name anddate and place of
birth; or(c)for an application by a corporation or
partnership for asecurity firm’s licence—(i)3testimonialsbyreputablepersons,aboutthenominee’s character; and(ii)a
certified copy of, or extract from, the nominee’sbirthcertificate,orotherevidencesatisfactorytothe
chief executive about the nominee’s name anddate and place of
birth.(2)Anapplicationforrenewalofalicencementionedinsubsection(1)(a)mustbeaccompaniedby2recentpassport-size
photographs certified to be photographs of theapplicant by a
person who has known the applicant for at least1
year.
s45s7Security Providers Regulation 19954Evidence verifying application
statementsThe chief executive may require an applicant
for a licence toproduce evidence, satisfactory to the chief
executive, to verifya statement made in the application,
including—(a)iftheapplicantisacorporation—thenameofeachofficer of the
corporation; and(b)iftheapplicantisapartnership—thenameofeachpartner in the
partnership.5Security firm’s nominee(1)If an applicant for a security firm’s
licence is a corporation,the applicant must nominate an officer
of the corporation to bethe licensee’s nominee.(2)If an applicant for a security firm’s
licence is a partnership,theapplicantmustnominateapartnertobethelicensee’snominee.(3)Ifalicenceisgrantedontheapplication,thepersonnominated is
taken to be the licensee’s nominee.(4)If an
applicant for a security firm’s licence is an individual,the
applicant may not nominate a nominee.6Nominee’s dutiesIntheconductofthebusinessofasecurityfirmbyacorporation or
partnership, the nominee must—(a)complete and sign for the corporation or
partnership, alldocuments required under the Act; and(b)ensure the corporation or partnership
complies with therequirements of the Act.7Dual
licence(1)Ifanindividualapplies,andsatisfiestherequirements,forbothacrowdcontroller’slicenceandasecurityofficer’slicence, the
chief executive may grant a dual licence.(2)An
individual applying for a dual licence is required to makeonly
1 application.
s
86s 12Security
Providers Regulation 19958Security
firm—licence in more than 1 nameIf an applicant
for a security firm’s licence proposes to carryon business under
more than 1 name, the chief executive maystate on the
licence the registered business names under whichthe
applicant may carry on business.9Offence to carry on business in another
nameAnentitymustnotcarryonthebusinessofasecurityfirmunder
a name other than a name stated on the security firm’slicence granted to the entity.Maximum penalty—20 penalty units.10Licence to contain licensee’s
photographThe following licences must contain a recent
photograph ofthe licensee—(a)a
crowd controller’s licence;(b)a private
investigator’s licence;(c)a security
officer’s licence;(d)a dual licence.11Partial refund of feesThe chief
executive must refund a reasonable amount of a feepaid
on an application for the grant or renewal of a licenceif—(a)the chief
executive refuses to grant or renew the licence;or(b)theapplicantwithdrawstheapplicationbeforethelicence is granted or renewed.12Change to information about
licensee(1)A licensee must give the chief
executive written notice of anychangeinthelicensee’sparticularswithin7daysafterthechange.
s
127s 12Security
Providers Regulation 1995Maximum penalty—10 penalty
units.(2)In this section—particularsmeans—(a)for an individual—(i)the
individual’s name; or(ii)iftheindividualiscarryingonthebusinessofasecurityfirm—thenameunderwhichtheindividual carries on business;
or(iii)the individual’s
postal address; or(iv)the individual’s residential address;
or(v)iftheindividualiscarryingonthebusinessofasecurityfirm—eachplaceofbusinessoftheindividual; or(vi)achargeagainst,orconvictionof,theindividualfor a
disqualifying offence; and(b)for a corporation
or partnership—(i)the name of the corporation or
partnership; or(ii)thenameunderwhichthecorporationorpartnership carries on business; or(iii)thepostaladdressofthecorporationorpartnership; or(iv)eachplaceofbusinessofthecorporationorpartnership; or(v)the
composition of the officers of the corporationor the partners
in the partnership; or(vi)a charge against,
or conviction of, an officer of thecorporationorapartnerinthepartnershipforadisqualifying offence; or(vii)
a charge against, or conviction of, a corporation fora
disqualifying offence.
s
138s 16Security
Providers Regulation 1995Part 3RegistersDivision 1Registers to be
kept by the chiefexecutive13Register of security providers(1)The chief executive must keep a
register of security providers.(2)The
chief executive must note in the register—(a)the
name of each person who holds a crowd controller’slicence, private investigator’s licence,
security officer’slicence or dual licence; and(b)the name, registered business name (if
any) and place ofbusinessofeachentitythatholdsasecurityfirm’slicence; and(c)anyotherinformationthechiefexecutiveconsidersnecessary or
desirable for the effective administration ofthe Act.(3)The chief executive must keep the
register open for inspectionduring business
hours.14Change in particularsThechiefexecutivemustnoteintheregisterofsecurityproviders—(a)information about a licence
that—(i)has expired or been suspended or
cancelled; or(ii)the chief executive has refused to
renew or replace;and(b)any change in a
licensee’s particulars.16Chief executive’s
certificateA certificate, purporting to be signed by
the chief executive,about the contents of a register kept by the
chief executive, isadmissible as evidence of the matters stated
in the certificate.
s
179s 17Security
Providers Regulation 1995Division 2Registers to be
kept by others17Register of crowd controllers(1)An entity that, directly or
indirectly, engages a person to carryout, for reward,
the functions of a crowd controller at a publicplace, must keep
a register of crowd controllers.Maximum
penalty—20 penalty units.(2)The register must
contain—(a)thecrowdcontroller’sname,residentialaddressandlicence number; and(b)ifthecrowdcontrollerisemployedbyasecurityfirm—the security
firm’s name and address; and(c)detailsofthecrowdcontroller’sidentificationprescribed under
section 20;3and(d)the
date and time when the crowd controller starts eachperiod of duty at the public place;
and(e)thedateandtimewhenthecrowdcontrollerfinisheseach period of
duty at the public place; and(f)details of each incident at the public
place—(i)in which a person is injured;
or(ii)requiring a person to be removed from
the publicplace by the crowd controller.(3)The entity must ensure—(a)theparticularsmentionedinsubsection(2)(a),(b),(c)and (d) are noted
in the register, and the register signedbythecrowdcontroller,beforethecrowdcontrollerstarts each period of duty; and(b)the particulars mentioned in
subsection (2)(e) are notedintheregister,andtheregistersignedbythecrowdcontroller,immediatelyafterthecrowdcontrollerfinishes the period of duty; and3Section 20 (Crowd controller’s
identification—Act, s 47)
s
1810s 18Security
Providers Regulation 1995(c)the particulars
mentioned in subsection (2)(f) are notedin the register
as soon as practicable after the incident.Maximum
penalty—20 penalty units.(4)The entity must
allow the register to be inspected by—(a)the
chief executive; and(b)an inspector; and(c)a
police officer.Maximum penalty—20 penalty units.(5)The entity must not—(a)remove, or allow a person to remove, a
page from theregister; or(b)erase
or obliterate an entry in the register; or(c)allowapersontoeraseorobliterateanentryintheregister.Maximum
penalty—20 penalty units.(6)Theentitymustkeeptheregisterfor7yearsafterthelastentry was made in the register.Maximum penalty—20 penalty units.18Security firm to keep register of
security providers(1)Asecurityfirmmustkeeparegisterofsecurityprovidersemployed by the security firm.Maximum penalty—20 penalty units.(2)The register must contain—(a)the name of each security provider;
and(b)the licence number of each security
provider; and(c)the expiry date of each security
provider’s licence; and(d)thedateofcommencementand,ifapplicable,termination of
employment.(3)The security firm must allow the
register to be inspected by—(a)the
chief executive; and
s
1911s 20Security
Providers Regulation 1995(b)an inspector;
and(c)a police officer.Maximum
penalty—20 penalty units.(4)The security firm
must keep the register for 7 years after thelast entry was
made in the register.Maximum penalty—20 penalty
units.Part 4Miscellaneous19Security provider not to wear or display
chequerboardhat(1)Asecurityprovider,incarryingoutthesecurityprovider’sfunctions, must not, without reasonable
excuse—(a)wear a chequerboard hat; or(b)display, or permit to be displayed, a
chequerboard hat.Example of displaying a hat—Holding a hat in view in the security
provider’s hands.Maximum penalty—20 penalty units.(2)In this section—chequerboardhatmeansahatdisplayingachequerboarddesign.Example—A hat
that has a chequerboard hatband.20Crowd
controller’s identification—Act, s 47(1)Acrowdcontroller(otherthanacrowdcontrollerwhoisacting only as a
bodyguard) must wear identification, on thechest of the
crowd controller’s clothing, that consists of—(a)anumbernosmallerthan3cminheightand4mminthickness; and
s
2112s 22Security
Providers Regulation 1995(b)the word
“SECURITY” in letters no smaller than 1cm inheight and 2mm in
thickness.(2)Thenumbersandlettersmustbeblackonawhitebackground.(3)Each
crowd controller at a public place must wear a differentnumber.21Exemptions from holding licence—Act, s
54(2)(b)The chief executive may approve that a crowd
controller orsecurityofficerneednotholdtheappropriatelicenceforaspecified
activity, event or place, despite section 94of
the Act.22FeesThe fees payable
under the Act are in the schedule.4Section 9 (Requirement to be licensed) of
the Act
16Security Providers Regulation
19954Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B22A2B2CAmendments to1995 SL No.
671996 SL No. 1531997 SL No.
1731997 SL No. 1731998 SL No.
2532000 SL No. 1612001 SL No.
210Effective31 March
19951 July 19961 July
19971 July 19975 October
19981 July 20003 December
2001Reprint date3 April
199519 July 199611 July
199714 January 199822 October
199821 July 20007 December
2001ReprintNo.2D2E2F2G33A3B3C3D3EAmendments included2002
SL No. 1672002 SL No. 3112003 SL No.
842003 SL No. 143—2004
SL No. 162004 SL No. 1032005 SL No.
1352006 SL No. 1622007 SL No.
149Effective1 July
20021 January 20039 May 20031
July 20031 July 200315 March
20041 July 20041 July
20051 July 20061 July
2007NotesR2G withdrawn,
see R35List of legislationSecurity Providers Regulation 1995 SL No.
25made by the Governor in Council on 16
February 1995notfd gaz 17 February 1995 pp 700–1commenced on date of notificationexp
31 August 2007 (see SIA s 56A(1)(a) and SIR s 5 sch 3)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Security Providers Amendment Regulation (No.
1) 1995 SL No. 67notfd gaz 31 March 1995 pp 1462–5commenced on date of notificationConsumer Affairs (Fees and Charges) Amendment
Regulation (No. 1) 1995 SL No.160 ss 1–3
schnotfd gaz 9 June 1995 pp
1165–71
17Security Providers Regulation
1995ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 1995
(see s 2(1))Security Providers Amendment Regulation (No.
2) 1995 SL No. 236notfd gaz 18 August 1995 pp 2084–6commenced on date of notificationConsumer Affairs (Fees and Charges) Amendment
Regulation (No. 1) 1996 SL No.153 ss 1, 2(1), 3
schnotfd gaz 28 June 1996 pp 1164–70ss
1–2(1) commenced on date of notificationremaining
provisions commenced 1 July 1996 (see s 2(1))Consumer Affairs
(Fees and Charges) Amendment Regulation (No. 1) 1997 SL No.173
ss 1–2(1), 3 schnotfd gaz 27 June 1997 pp 1004–1010ss
1–2(1) commenced on date of notificationremaining
provisions commenced 1 July 1997 (see s 2(1))Equity and Fair
Trading (Fees and Charges) Amendment Regulation (No. 1) 1998
SLNo. 253 s 3 schnotfd gaz 11
September 1998 pp 145–7ss 1–2 commenced on date of
notificationremaining provisions commenced 5 October
1998 (see s 2)Equity and Fair Trading Legislation Amendment
Regulation (No. 1) 2000 SL No. 161ss 1–2(1), 3
schnotfd gaz 30 June 2000 pp 736–48ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2000 (see s 2(1))Tourism, Racing
and Fair Trading (Fees) Amendment Regulation (No. 1) 2001 SLNo.
210 ss 1–3 schnotfd gaz 16 November 2001 pp 982–5ss
1–2 commenced on date of notificationremaining
provisions commenced 3 December 2001 (see s 2)Tourism, Racing
and Fair Trading (Fees) Amendment Regulation (No. 1) 2002 SLNo.
167 ss 1, 2(1), 3 sch 1notfd gaz 28 June 2002 pp
876–83ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2002
(see s 2(1))Fair Trading (Fees) Amendment Regulation (No.
1) 2002 SL No. 311 pts 1, 7notfd gaz 22 November 2002 pp
1018–21ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2003 (see s 2)Note—A regulatory impact statement and
explanatory note were preparedSecurity Providers
Amendment Regulation (No. 1) 2003 SL No. 84notfd gaz 9 May
2003 pp 125–6commenced on date of
notification
18Security Providers Regulation
1995Tourism, Racing and Fair Trading (Fees)
Amendment Regulation (No. 1) 2003 SLNo. 143 ss 1–3
schnotfd gaz 27 June 2003 pp 749–56ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2003 (see s 2)Security Providers
Amendment Regulation (No. 1) 2004 SL No. 16notfd gaz 12
March 2004 pp 966–7ss 1–2 commenced on date of
notificationremaining provisions commenced 15 March 2004
(see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2004 SL No. 103notfd gaz 25 June 2004 pp 573–81ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2004 (see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2005 SL No. 135notfd gaz 24 June 2005 pp 639–45ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2005 (see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2006 SL No. 162notfd gaz 30 June 2006 pp 1060–7ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2006 (see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2007 SL No. 149 ss 1, 2(2), 3 schnotfd gaz 29 June
2007 pp 1157–65ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2007
(see s 2(2))6List of annotationsRegister of training coursess
15om 2004 SL No. 103 s 3 schRegister of crowd controllerss
17amd 2003 SL No. 84 s 3Security provider
not to wear or display chequerboard hats 19ins
2003 SL No. 84 s 5Crowd controller’s identification—Act, s
47s 20(prev s 19) renum 2003 SL No. 84 s
4Exemptions from holding licence—Act, s
54(2)(b)s 21(prev s 19A) ins 1995 SL No. 236 s
3renum 2003 SL No. 84 s 4