2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Security Industry Amendment Bill 2010

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Security Industry Act 2003
	3	Legislation amended—pt 2	3
	4	General suitability criteria
New section 21 (1) (a) (iia)	3
	5	New section 21A	3
	6	Regulation-making power
New section 52 (2) (f) (ia)	3
	7	Dictionary, note 2	4
	8	Dictionary, new definition of employee organisation	4
	9	Dictionary, new definition of workplace information	4
Part 3	Security Industry Regulation 2003
	10	Legislation amended—pt 3	5
	11	New section 2	5
	12	Prescribed security activity—Act, s 7 (1) (e)
Section 4 (2)	5
	13	Exempt people—Act, s 9
Section 6 (1) (b), note	5
	14	Section 6 (1) (f), note	5
	15	Prescribed information to accompany licence application—Act, s 17 (3)
Section 7	6
	16	Conditions for certain master licences—Act, s 21 (1) (a)
Section 7A	6
	17	New sections 7A and 7B	6
	18	New section 9B	7
	19	New dictionary	7

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Security Industry Amendment Bill 2010

A Bill for
An Act to amend the Security Industry Act 2003, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Security Industry Amendment Act 2010.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2	Security Industry Act 2003
3	Legislation amended—pt 2
This part amends the Security Industry Act 2003.
4	General suitability criteria
New section 21 (1) (a) (iia)
insert
	(iia)	for an application for an employee licence to do 1 or more of the things mentioned in section 13 (1) (a), (b) or (d)—an employee organisation has given the applicant the information prescribed by regulation in relation to workplace rights and responsibilities (workplace information); and
5	New section 21A
insert
21A	Review of workplace information criterion
	(1)	The Minister must review the operation of section 21 (1) (a) (iia), and present a report of the review to the Legislative Assembly, as soon as practicable after the end of its 1st year of operation.
	(2)	This section expires 2 years after the day it commences.
6	Regulation-making power
New section 52 (2) (f) (ia)
insert
	(ia)	the giving of workplace information;
7	Dictionary, note 2
insert
·	commissioner for fair trading
8	Dictionary, new definition of employee organisation
insert
employee organisation means an organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth).
Note	A reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102). 
9	Dictionary, new definition of workplace information
insert
workplace information—see section 21 (1) (a) (iia).

Part 3	Security Industry Regulation 2003
10	Legislation amended—pt 3
This part amends the Security Industry Regulation 2003.
11	New section 2
insert
2	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation.
Note 2	A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
12	Prescribed security activity—Act, s 7 (1) (e)
Section 4 (2)
omit
13	Exempt people—Act, s 9
Section 6 (1) (b), note
omit
14	Section 6 (1) (f), note
omit
15	Prescribed information to accompany licence application—Act, s 17 (3)
Section 7
omit
section 7A
substitute
section 9A
16	Conditions for certain master licences—Act, s 21 (1) (a)
Section 7A
relocate in part 3 as section 9A
17	New sections 7A and 7B
insert
7A	Information to accompany certain employee licence applications—Act, s 17 (3) (b)
An application for an employee licence to do 1 or more of the things mentioned in the Act, section 13 (1) (a), (b) or (d) must be accompanied by a certificate from an employee organisation stating that the applicant has been given workplace information at an information session provided by the organisation.
7B	Certificate from employee organisation
If a person has been given workplace information at an information session provided by an employee organisation, the organisation must give the person a certificate to that effect.
18	New section 9B
in part 3, insert
9B	Workplace information—Act, s 21 (1) (a) (iia)
Information in relation to workplace rights and responsibilities under laws in force in the territory that is relevant to people working in the security industry is prescribed.
Examples
·	minimum wages and employment conditions
·	employment agreements
·	termination of employment agreements
·	workplace safety
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
19	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	chief officer (fire brigade)
·	chief officer (rural fire service)
·	commissioner for fair trading
·	corrections officer 
·	person (see s 160)
·	police officer
·	public servant.
Note 3	Terms used in this regulation have the same meaning that they have in the Security Industry Act 2003 (see Legislation Act, s 148).  For example, the following terms are defined in the Security Industry Act 2003, dict:
·	employee organisation
·	licence
·	licensee
·	master licence (see s 12)
·	security equipment (see s 8)
·	trainer licence (see s 14)
·	workplace information.
security consultant—see the Act, section 13 (2). 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010