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Licensing Updates - Australian Security Industry Association Ltd (ASIAL)

Licensing Updates



Changes to NSW Police Alarm Response Policy fact sheets & correspondence


Concerns grow over use of the Mutual Recognition Act


Concerns are growing over the number of licence holders who appear to be exploiting the disparity between states and territories licensing regimes through the Mutual Recognition Act (MRA). In NSW, for example, over the past year, over 50% of all new individual security licence applications are now being made under the MRA. Whilst not illegal, there are concerns that the sharp rise in applications are contrary to the spirit in which the Act is intended to operate. The fear is that applicants are using the MRA to circumvent requirements to hold a NSW licence, such as permanent residency and undergo the 12 month probationary period. There is also emerging evidence of wide variations in the training with some Registered Training Organisations promoting truncated training times to secure a licence.

In March, ASIAL raised its concerns with Federal, State and Territory Governments. A strongly worded communiqué encouraged Governments to prioritise the finalisation and implementation of nationally consistent legislation for the private security industry and implementation of the training provisions under the COAG supported process for the regulation of the Private Security Industry.

The apparent exploitation of the MRA, supports ASIAL’s position in encouraging Governments to include the security industry in the next round of national licensing reform work being coordinated through the COAG National Licensing Taskforce within the Department of the Prime Minister and Cabinet. ASIAL would like to see this matter gain priority for consideration at the upcoming meetings of the Security Industry Regulators Forum scheduled for June and in the work of the Ministerial Council for Police and Emergency Management (MCPEM).

AUSTRAC and cash in transit businesses


Have you had a letter or a visit from AUSTRAC yet? If your answer is NO, then unless you are lucky, yours is just around the corner. Australia introduced new anti money laundering laws (AML Laws) for cash in transit dealers in December 2006. These laws have been fully operational since December 2008 and transition and amnesty periods have now expired. AUSTRAC is the regulator of these AML laws and has been focusing on cash in transit businesses for the last six or more months.

Joy Geary is a consultant specialising in AML solutions based in Melbourne. Her email address is jmgeary@amlmaster.com and her website is www.amlmaster.com.

NSW - RSA & RCG Certificates in Question


Following advice from the NSW Office of Liquor, Gaming & Racing (OLGR), any Amstar Learning certificate for Responsible Serving of Alcohol (RSA) or Responsible Conduct of Gambling (RCG) issued by Roger Training Academy should be considered improperly issued. The certificates in question are Amstar Learning certificates which were issued by Roger Training containing a specific signature. That signature appears on the OLGR flyer, which was provided to the OLGR by the Independent Commission Against Corruption (ICAC). Veracity of other RSA & RCG certificates issued by Amstar Learning and not through Roger Training Academy with the identified signature would appear not in question.

The advice from the OLGR is that any RSA or RCG certificate issued by Roger Training under the name of Amstar Learning were not properly issued and holders of those certificates should undergo an approved RSA and/or RCG training course. Failure to have a current certificate issued by an approved training provider places the person at risk of committing offences under the gaming and liquor laws.

AUSTRAC announces proposed Fees


AUSTRACT, the anti-money laundering and counter-terrorism financing Regulator has published a Regulation Cost Recovery Fact Sheet. From July 2011 AUSTRAC will charge an annual fee for each business required to report financial movements under the AML/CTF Act and an additional fee for each transaction. This will impact upon every Security organization with a reporting obligation. AUSTRAC and the Attorney-General’s Department will consult industry over the next few months regarding their decision. ASIAL will respond to the industry consultation. To assist with the response ASIAL will conduct a survey of members to ensure our response information is current and meaningful.

Please watch out for the survey or pre-register your interest by email to compliance@asial.com.au. We encourage all providers of cash movement to participate in the survey. The AUSTRAC Fact Sheet is available on the ASIAL web site www.asial.com.au or through the AUSTRAC link http://www.austrac.gov.au/.

Power to suspend licences in SA


The Commissioner for Consumer Affairs now has greater powers, backed by tougher penalties. The Commissioner can now compel traders to attend a conciliation conference, and if they don’t attend they risk a maximum penalty of $10,000.

Mutual Recognition Act 1992


ASIAL has received calls from members regarding the Mutual Recognition Act 1992. Section 16, Part 3 of the Act covers the principle of mutual recognition, provided a security licence is current.

QLD Security Providers Regulation 2008


Phase 3 of the government's implementation schedule includes the regulation of new sectors of the industry, which includes security equipment installers, dog handlers, in-house security guards, and security advisors.

The Office of Fair Trading has developed an online information tool to assist the security industry in understanding the changes to the Security Providers Act 1993 (Act).

The tool contains information on the new law changes, new licence classes, licensing and training requirements, the licence application process, fees, fact sheets and more.
View the fact sheets from the Department of Justice & Attorney General website
View the information flyer produced by ASIAL

Requirements for probity checks in the ACT

Remember, if you are applying for a new ACT security licence, or renewing an existing licence on or after 1 July 2008 you must send your police records check consent form to the Australian Federal Police directly.

The cost of obtaining the Police Certificate is $32.73 and payable by cheque or money order made out to Australian Federal Police.
Once they have returned your Police Certificate to you, you can then submit your licence application to the Office of Regulatory Services. They will not accept your application without your current Police Certificate.

This does not apply if your application is being made on Mutual Recognition of a current interstate security licence for the same activities.

South Australian Licensee Update

Published by the Office of Liquor and Gambling in South Australia and sent quarterly
View licensee update

Security and Related Activities (Control) Amendment Bill 2007 Update

The Bill brings together a range of major reforms and minor administrative changes resulting from the reviews and recommendations of the council. These include:
  • The ability to prescribe by regulation disqualifying offences that will apply across the whole of the security and related industries.
  • The requirement for all applicants and licensees to be fingerprinted.
  • The creation of an additional security licence for unarmed security bodyguards, and the current drug testing regime that presently applies to crowd controllers and crowd control agents will be expanded to include security officers who are endorsed to carry a baton or a firearm.
  • The preparation of a code of conduct to apply across all licensees.
  • The appointment of compliance officers to investigate offences against the act and its supporting regulations.
  • The introduction of a 100-point proof-of-identity requirement for all persons who apply for a licence.
  • An increase in the fines for the commission of serious offences by individuals from the current maximum of $10,000 to a maximum of $15,000.
  • An increase in the fines for serious offences committed by bodies corporate from the current maximum of $20,000 to a maximum of $75,000.
  • The empowerment of licensing officers to require additional information from applicants when the officers consider that such information is needed and the applicant has resided in another country in the preceding five years or has been away from Australia in other countries for more than 12 months in the preceding five years.

Review of the Weapons Prohibition Regulation 2009


Following a review of the Weapons Prohibition Act 1998 and Weapons Prohibition Regulation 1999, a public consultation draft of the Weapons Prohibition Regulation 2009 is now available for perusal.
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