Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The following people are exempt from the application of the Act:
(a) a custodial officer;
(b) a police officer;
Note Police officer is defined in the Legislation Act, dict, pt 1.
(c) the sheriff, a deputy sheriff and sheriff's assistant under the Supreme Court Act 1933 ;
(d) the fire commissioner, deputy fire commissioner and a member of the fire brigade under the Fire Brigade (Administration) Act 1974 ;
(e) the chief fire control officer, a bushfire brigade member, emergency volunteer and fire control officer under the Bushfire Act 1936 ;
(f) a public servant who carries on a security activity in the Assembly precincts;
Note Public servant is defined in the Legislation Act, dict, pt 1.
(g) an inspector under the Liquor Act 1975 ;
(h) a person who, in the course of the person's employment with an employer, gives advice in relation to security affecting the employer's business if—
(i) the person does not carry on any other security activity for the employer; and
(ii) the employer does not carry on a security business;
(i) a person who, in the course of the person's employment with an employer, installs, maintains, monitors, repairs or services security equipment in relation to the employer's business if—
(i) the person does not carry on any other security activity for the employer; and
(ii) the employer does not carry on a security business;
(j) a person who is carrying on a security activity in relation to an information system (including the computer hardware for the system).
Note Commonwealth officers, such as members of the Defence Force and protective service officers, are not bound by the Security Industry Act 2003 . The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 27 states that, except as provided by regulations under that Act, an ACT enactment does not bind the Crown in right of the Commonwealth. The Australian Capital Territory (Self-Government) Regulations (Cwlth), reg 3B states that if an enactment mentioned in the schedule to the regulations is expressed to bind the Crown or to apply to any act, matter or thing affecting the Crown or the Commonwealth, or provides that any act, matter or thing done under the enactment binds the Crown, then the Crown in right of the Commonwealth is bound. The Security Industry Act 2003 is not listed in the schedule.
(2) The following people are exempt from the requirement to hold a trainer licence:
(a) a person who provides training in relation to security activities in a training course other than a training course prescribed under regulation 8 (Prescribed training courses for employee licences—Act, s 21 (1) (a) (ii));
(b) a person who provides a first-aid training course as part of a training course prescribed under regulation 8 who—
(i) holds the qualification for satisfactory completion of the first-aid training course or a first-aid training course that the commissioner for fair trading is satisfied leads to a higher qualification; and
(ii) holds a Certificate IV in Assessment and Workplace Training.
(3) In this regulation:
"Assembly precincts"—see the Legislative Assembly Precincts Act 2001 , dictionary.
"custodial officer" means—
(a) a custodial officer or superintendent under the Remand Centres Act 1976 ; or
(b) an escort (other than a police officer) under the Custodial Escorts Act 1998 ; or
(c) a community corrections officer or supervisor under the Supervision of Offenders (Community Service Orders) Act 1985 ; or
(d) a manager of a detention centre or custodial officer under the Periodic Detention Act 1995 ; or
(e) an escort under the Children and Young People Act 1999, part 6.3 (Interstate transfer); or
(f) an officer (other than a police officer) mentioned in the Children and Young People Act 1999 , section 120 (6) (Transfer directions), section 122 (4) (Temporary custody prior to transfer between institutions) or section 125 (3) (Placing in shelter or remand centre); or
(g) a prison officer under the Prisoners (Interstate Transfer) Act 1993 or person appointed as an escort under the Prisoners (Interstate Transfer) Act 1993 , section 23 (3) (Transfer in custody of escort), definition of "escort", paragraph (c); or
(h) a prison officer or another officer (other than a police officer) mentioned in the Prisoners (International Transfer) Act 1999 , section 6 (Powers and functions of prison officers, police officers and others).
"information system"—see the Electronic Transactions Act 2001 ,
dictionary.
Part 3 Licences