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Private Security Industry Act 2001

Section 19: Powers of entry and inspection

59.Subsection (1) enables a person who is authorised by the Authority to enter premises owned or occupied by a regulated person (as defined by subsection(8)), other than premises occupied exclusively for residential purposes as a private dwelling. Subsection (2) requires the regulated person to produce documents or information in connection with matters which are subject to regulation under the Act, i.e. licensable conduct, the provision of security services, and any conditions attaching to approved contractor status under a compulsory scheme.

60.Subsection (3) requires the person exercising powers of entry under subsection (1) to do so only at reasonable times.  Subsection (4) imposes certain requirements upon the person exercising the right of inspection, relating to stating the purpose of the inspection, evidence of identity and authorisation, and making a record of the inspection and giving a copy of the record to any person on the premises at the time of the inspection, if requested to do so.

61.Subsection (5) makes it an offence:

  • to obstruct a person exercising the power of entry under subsection (1);

  • to fail without reasonable excuse to produce documents or information under subsection (2); or

  • for a person exercising these powers to disclose information obtained in the process.

62.Subsection (6) allows a person exercising authority under subsection (5) to disclose information obtained under that authority only for the purposes of the Authority’s carrying out its functions, or for any criminal proceedings. Subsection (7) sets out the penalty for an offence under this section.

63.Subsection (8) defines a regulated person as:

  • a holder of a licence under the Act;

  • a non-licence holder engaging in licensable conduct;

  • an approved provider of security services under a compulsory approved contractor scheme, or

  • a non-approved provider of security services under a compulsory approved contractor scheme, ie someone who is thereby prohibited from providing security services.

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