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Private Security Industry Act 2001

Section 5: Offence of using unlicensed security operative

33.Subsection (1) creates an offence of employing an unlicensed person to carry out security activities for which a licence is required. Subsection (2) provides two lines of defence. Under the first, it is a defence to show that the accused neither knew, nor had reasonable grounds to suspect, that the operative did not have a licence. Under the second, it is a defence to show that the accused took all reasonable steps to ensure that the operative would not engage in activities for which he did not hold a licence. Subsection (3) allows for a defence in the case of services supplied by a person exempted from the need for a licence under Section 4. Subsection (4) sets out the penalties for an offence under this Section.

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