Security Providers Act 1993 - Queensland

Service summary

The Act regulates the security services industry by ensuring that security providers are properly trained and licensed, and governs the licensing of persons in the security industry.

It also stipulates that certain records be kept relating to their activities.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Bodyguard

a person who, for reward, provides a close personal protection service

Crowd controller

a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following

  1. screening the entry of persons into the place;
  2. monitoring or controlling the behaviour of persons in the place; .
  3. removing persons from the place.
Exempted persons

the following persons whilst acting in the capacity of the listed employment: Commonwealth/State/Territory Police; Defence Forces of Commonwealth; Employees of the Crown; Commonwealth or State Department; Casino employees or key casino employees within the meaning of the Casino Control Act 1982.

Private investigator

a person who, for reward

  1. obtains and gives private information about another person, without the other person's express consent; or
  2. carries out surveillance for obtaining private information about another person, without the other person's express consent; or
  3. investigates the disappearance of a missing person.
Security adviser

(1) A security adviser is a person who, for reward, gives advice about security equipment or security methods or principles (security advice). (2) Despite subsection (1), a person is not a security adviser merely because (a) the person (i) is an employee of a person who does not, for reward, give security advice; and (ii) as an employee, gives security advice to the employer; or (b) the person (i) is an employee of a person who, for reward, gives security advice; and (ii) as an employee, gives security advice to the employer in relation to the employers own security and not in relation to the security of someone else for whom the employer gives security advice for reward; or (c) the person is an architect under the Architects Act 2002 and gives security advice in providing architectural services within the meaning of that Act; or (d) the person is a registered professional engineer under the Professional Engineers Act 2002 and gives security advice in providing professional engineering services within the meaning of that Act.

Security equipment

security equipment is acoustic, electronic, mechanical or other equipment

  1. designed, adapted, or purporting to provide or to enhance property security; or
  2. for protecting or watching property. Examples: an alarm; an alarm monitoring system; an audio, or visual, recording system; an electric, electro mechanical, magnetic or biometric access control device; an intrusion detector, including a motion, infra red, microwave or contact detector; a safe or vault.

However, each of the following is not security equipment:

  1. a device for monitoring inventory, product or stock loss;
  2. an item designed to minimise the possibility of motor vehicle theft, including, for example, a motor vehicle alarm or immobiliser.
Security equipment installer

(1) A security equipment installer is a person who, for reward, installs, repairs, services or maintains security equipment. (2) Despite subsection (1), a person is not a security equipment installer merely because (a) the person (i) is an employee of a person who does not, for reward, install, repair, service or maintain security equipment; and (ii) as an employee, installs, repairs, services or maintains the employers security equipment; or (b) the person (i) is an employee of a person who, for reward, installs, repairs, services or maintains security equipment; and (ii) as an employee, installs, repairs, services or maintains the employers security equipment; or (c) the person carries out retail key cutting; or (d) the person installs a basic security item in a building owned or occupied by the person; or (e) the person installs a basic security item in a building owned or occupied by someone else during its construction, repair or renovation. (3) In this section basic security item means (a) a portable safe weighing not more than 50kg; or (b) a barrier security item, eg a security mesh door or window grille; or (c) an electronic or mechanical lock used for basic household security, eg a door lock, window lock or padlock; or (d) a motion sensor light that does not also activate an alarm.

Security officer

a person who, for reward, guards, patrols or watches another person's property, with or without a guard dog, including by

  1. personally patrolling the property; or
  2. personally monitoring the property by operating an audiovisual or visual recording system, a radio or other electronic monitoring device.

Additional information

The Office of Fair Trading keeps a public register of occupations regulated under the following acts:

  • Introduction Agents Act 2001
  • Property Agents and Motor Dealers Act 2000
  • Second hand Dealers and Pawnbrokers Act 2003
  • Security Providers Act 1993
  • Tourism Services Act 2003
  • Travel Agents Act 1988.

You can search the register online for free at www.fairtrading.qld.gov.au. A printed licence extract can be obtained by contacting the Office of Fair Trading on 13 QGOV (13 74 68), there is a fee for this service.

The following Subordinate Legislation should also be examined

  • Security Providers (Amendment) Act 2007
  • Security Providers Regulation 2008
  • Security Providers (Security Firm Code of Practice) Regulation 2008
  • Security Providers (Crowd Control Code of Practice) Regulation 2008
  • Security Providers (Security Officer Licensed Premises Code of Practice) Regulation 2008.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Breaches of the Act can result in suspension or cancellation and refusal to renew a licence. Substantial fines may also be imposed for failing to meet the requirements of the Act.

Review or Appeal Mechanisms:

An appeal against an administrative decision relating to a licence or to a licence application may be made to the Queensland Civil and Administrative Tribunal.


Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit


Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Fax:

07 3008 5933
IndustryLicensing@justice.qld.gov.au

Website:

Office of Fair Trading Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

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