If you operate under the Security and Investigations Agents Act, you must observe several laws and regulations.

Inspections
Unlicensed or inappropriate activity
Restricted licences
Crowd control register
Identification requirements when working
Advertising
Trust Accounts
Carrying weapons

Investigation officers conduct random checks to ensure providers are complying with the law.

If an investigation officer approaches you, they will produce a photo ID.

An investigation officer can:

• Request that you produce your identity card on demand
  
  
• Request that give your name and address and date of birth
  
  
• Enter at any reasonable time any place where they believe
  
  
  • an activity for which a licence is required has been or is being undertaken
  • a register maintained under section 35b or 35c is being kept
    
    
• Require any person to provide any relevant information, including financial and other confidential information
  
  
• Gain access to and take copies of any relevant documents, including a register maintained under section 35b or 35c
  
  
•  Seize any relevant document

You must comply with requests an inspector makes. You can be fined up to $12,000 if you don't comply with an investigation officer’s request.

You can be heavily penalised for unlicensed or inappropriate activity. You can also be penalised if you directly or indirectly hire an unlicensed or inappropriately licensed provider.

Please report any inappropriate activity or unlicensed operators to us in writing.

While we prefer to receive reports containing the contact details of the complainant, we will also accept reports of an anonymous nature. The issue with anonymous complaints is that often they do not contain sufficient information to assist in any investigation.

Before an investigation can begin detailed information is required about the nature of the breach, where it took place, what day and the name of the persons involved.

The volume of reports to Consumer Affairs is so high that priority is given to those issues of a more significant nature or those reports where there is the greatest likelihood of success. Therefore, if you are considering whether to report a breach of the Security and Investigations Agents Act please take the time to report as many of the critical facts as possible.

Provisional
Licensed Premises Only
Subject to Condition
Certificate to seek employment

Licensed Premises Only
If the condition of licensed premises only appears on a licence, it only applies to the activity of crowd controller and means the person does not have a crowd control agent recorded as their manager.

A person with this condition is only eligible to undertake crowd control duties while in the employment of a person who holds a liquor licence for a pub or a club.

Subject to Condition
If the condition of subject to condition appears on a licence, this means the Commissioner of Corporate Affairs has placed a condition on the issue of the licence. The person will have been issued a letter outlining what the conditions are.

Certificate to seek employment
This certificate is issued if a person who applied for an employee licence to undertake security guard or commercial sub-agent activities and did not appoint a manager. They have been assessed and approved to look for work in the industry but are unable to commence work until they advise Consumer Affairs and Fair Trading of their manager and have received their identity card.

This certificate cannot be used for mutual recognition purposes in another state or territory, as they are not licensed to work they are only approved to seek employment.

Any licensed premise that engages, a crowd controller must maintain a crowd controller register.

A person who carries on a business or event and employs crowd controllers must ensure that a crowd controller register is kept.

The crowd control register must be readily available for inspection and copying if requested by a Police Officer, or an Investigation Officer authorised by the Commissioner for Corporate Affairs.

A crowd control register must contain:

• date of the event or occasion
• full name and full address of the crowd control agent or licensee 
• full name and full address of the place for which the crowd control register is kept 
• full name of each crowd controller 
• identifying number of each crowd controller
• full details of any incident where physical contact occurred with a person or patron. 

 The crowd control register must be kept:

• in a place that is readily accessible to any crowd controller (but not readily accessible to patrons)

A licensee of licensed premises who employs a person to undertake crowd controller activities from a crowd control agency must provide a copy of the register to the crowd control agent within seven days if an incident involving physical contact occurs. As far as physical contact is concerned, this means contact where there has been some force involved.

Security Agents and Security Guards
Crowd Control Agent and Crowd Controller
Commercial Agents and Commercial Sub-Agents
Inquiry Agent

 

Security Agents and Security Guards must wear their identity card issued by Consumer Affairs whilst on duty. The identity card must be clearly visible.

Clearly visible means:

• attached / placed over the licensee’s outer clothing (not covered by a jacket or other garment) 
• at or above the licensee’s waist
• at the front or side of the licensee’s body 
• with the front (i.e. the side with the photograph) clearly visible to a person standing in front of the licensee 

The licensee must not cover any part of the licence, for example the licensee’s name, to prevent it from being seen.

The Act authorises the Commissioner of Corporate Affairs to grant an exemption to certain licensees from the requirement to wear their identity card in recognition of the special nature of their duties.

The only activities for which exemptions are granted are those performed in a genuine covert manner and in plain clothes, such as:

• the transport of cash / valuables
• loss prevention 

Agent licence holders must apply to the Commissioner for exemption on behalf of their employees, and must state the full name and licence number of each employee for which they require an exemption.

A licensee who is exempt from the requirement to wear their licence is still required to carry it with them at all times while performing security duties and produce it if requested.

Crowd Control Agents and Crowd Controllers must identify themselves while working by wearing an identifying number.

It must:

• be on their chest
• securely attached to the outside of their clothing
• the number must be clearly readable by other persons
• be visible at all times while performing those activities 
   

An identifying number must:

• be legible with two different contrasting colours (e.g. black character on white background)
• have a one or two digit number – minimum 3cm high and 5mm thick
• contain the word security – minimum 5mm high
• be issued before the commencement of duty

Example of an Identifying Number

Each crowd controller who is engaged to work must be issued with a different identifying number.

A crowd controller must carry their photographic licence at all times when performing duties and produce it if requested. 

Any person who engages in “crowd controller” activities must be licensed under the Act, regardless of whether they are employed or operate ‘in house’. In house refers to being employed directly by a venue. The identity card issued by Consumer Affairs and Fair Trading needs to be endorsed with the activity of crowd controller before they can commence these duties.

Commercial Agents and Commercial Sub-Agent must carry their identity card whilst on duty.

Inquiry Agents must carry their identity card whilst on duty.

It is a requirement that licensees list their licence number in any advertisement.

An advertisement is generally a public announcement designed to attract public attention to bring in customers. Advertisements include, but are not limited to, newspaper advertisements, radio or television advertisements, handbills or flyers, business cards, vehicle sign writing, building or directional signs, statements and similar business paperwork. It also includes solicited and authorised entries in Yellow Pages, Big Colour Pages, community directories etc, and all electronic advertising / marketing, delivering to Internet users via Web sites, e-mail and online sensis services (yellow pages).

A licence number is a combination of a four or more digits. It is acceptable to preface the number with the words “Licence Number” or any diminutive thereof, e.g. Lic. No. 54321.

The number must be associated with the main body of the advertisement and be large enough to be clearly readable when viewing the advertisement. For example, for printed advertisements, the number should not be more than two sizes smaller than the masthead type size. For advertising on vehicles each advertisement, whether on the front, back or sides of the vehicle, must include the licence number. 

It must not be hidden away in a position that bears no relation to the advertisement.

• If trading under your own name, list your licence number.
• If trading under a business name, list all owners licence numbers.
• If trading under a company, list the body corporate licence number.

If you are a licensed agent authorised to undertake the activity of a Commercial Agent you are required to maintain a trust account in an authorised deposit taking institution in Tasmania and deposit any monies received from your clients into this account.

If you are in any doubt about how to establish a Trust Account please seek independent financial advice.

You must have your trust account audited each financial year and you must provide a report to the Commissioner by 30 September of each year.

The report should contain the following:

• the name and location of any trust account in which trust money has been deposited
• the total amount of all contributions to the trust account
• a statement of the balance of the trust account
• a report stating whether the agent has, in the opinion of the auditor, kept proper accounting records and other books during the period
• such statements as in the opinion of the auditor are adequate to explain the financial transactions for the financial year and the position of the trust account at the end of that financial year
• the report is issued under section 30(3) of the Act

Audits are to be carried out by a person who is a member of any of the following bodies:

• the Institute of Chartered Accountants
• the Australian Society of Certified Practicing Accountants
• the National Institute of Accountants.

A licence does not authorise you to carry any firearms, handcuffs or batons.

For information about firearms licensing, contact the Firearms Branch of the Tasmania Police phone 03 6230 2720 or visit www.police.tas.gov.au