Private Security Services Act 2010

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PrivateSecurityServicesBill2010v7


Act No. 45 of 2010




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PRIVATE SECURITY SERVICES ACT 2010

Private Security Services Act 2010 Arrangement of Sections





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PRIVATE SECURITY SERVICES ACT 2010

Arrangement of Sections
Section

1 Short Title .................................................................................................... 5
2 Interpretation ................................................................................................ 5

PART I — OBJECTIVES 5
3 Objectives ......................................................................................................... 7

PART II – ESTABLISHMENT OF PRIVATE SECURITY SERVICE
AUTHORITY 7
4 Establishment of the Private Security Services Licensing Authority .................... 7
5 Functions and Powers of the Authority ................................................................ 7

PART III — LICENSING OF PROVIDERS AND TRAINERS 8
6 Application for licence ...................................................................................... 8
7 Consideration of an application .................................................................. 8
8 Powers of inquiry ......................................................................................... 9
9 Grant of Licensing ....................................................................................... 9
10 Restrictions on Licensee ................................................................................... 9
11 Grounds for approval .................................................................................. 9
12 Refusal of an application .......................................................................... 10
13 Reconsideration of application ................................................................. 10
14 Fees ........................................................................................................... 10
15 Duration of license .......................................................................................... 11
16 Renewal .................................................................................................... 11

PART IV – DISCIPLINE 11
17 Code of Conduct ....................................................................................... 11
18 Breach of Code of Conduct............................................................................. 11

Arrangement of Sections Private Security Services Act 2010





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19 Sanctions ................................................................................................... 12
20 Appeal against discipline decision ............................................................. 12

PART V — OFFENCES 12
21 Providing private security services or training without a licence ......................... 12
22 Holding out offence .................................................................................... 12
23 Unlawful use of protective gear ................................................................ 12

PART VI — MISCELLANEOUS 13
24 Regulations ................................................................................................ 13
25 Transition ................................................................................................... 13





Private Security Services Act 2010 Section 1





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PRIVATE SECURITY SERVICES ACT 2010
Act No. 45 of 2010

AN ACT TO PROVIDE FOR THE REGULATION OF PRIVATE
SECURITY SERVICES

I assent,
GEORGE TUPOU V,

1st October 2010.


BE IT ENACTED by the King and the Legislative Assembly in the Legislature of the
Kingdom as follows:
___________________________________________________________________

PART I — PRELIMINARY

1 Short Title

(1) This Act may be cited as the Private Security Services Act 2010.

(2) This Act may come into force on a date to be declar d by Cabinet in a Notice
published in the Gazette.

2 Interpretation

In this Act, unless the context otherwise requires —

“bodyguard” means a person who is employed or retained to provide a close
personal protection service;

“Authority” means the Private Security Services Licensing Authority
established under this Act;

Section 2 Private Security Services Act 2010





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“crowd controller” means a person who is employed or retained principally
to maintain order at any public place by doing all or any of the following—

(a) screening entry into;

(b) monitoring or controlling behaviour in;

(c) removing any person from; or

(d) otherwise maintaining order in any such place, unless that person is
doing nothing more than securing or checking that persons allowed
admission—

(i) have paid for admission; or

(ii) have invitations or passes allowing for admission;

“disqualifying offence” means any offence under the Illicit Drugs Control
Act 2003, or any conviction for a criminal act punishable by imprisonment for
a period of 2 years or more;

“Minister” means the Minister for Police;

“prohibited person” means a person convicted of a disqualifying offence in
the 10 years prior to being included in an application for a licence;

“Provider” means a person granted a licence under this Act to provide
private security services;

“security activity” means any one of the following activities—

(a) acting as a security guard;

(b) acting as a crowd controller; or

(c) acting as a bodyguard;

“security equipment” means any mechanical, electronic, acoustic or other
equipment—

(a) designed, adapted or purporting to provide or to enhance security; or

(b) for the protection or watching of property—

that is prescribed by the regulations;

“security gear” means for the purposes of this Act only two-way rdios and
duty belts;

“security guard” means a person who is employed or retained to protect,
watch or guard any property by any means including by —

(a) patrolling the property in person; or

(b) monitoring the property by operating a security system that utilises
closed circuit television, a closed monitoring system, radio or other
similar alarm device;

“security service” means the act of performing any security activity as
defined by this Act, as part of a person’s employment; and

Private Security Services Act 2010 Section 3





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“Trainer” means any person granted a licence under this Act to be a private
security services trainer.

3 Objectives

The objectives of this Act are to —

(a) provide for the licensing of private security service providers;

(b) provide for the licensing of security service trainers;

(c) establish criteria and requirements which must be satisfied by providers and
trainers prior to being issued a licence; and

(d) regulate the provision of private security services.

PART II – ESTABLISHMENT OF PRIVATE SECURITY
SERVICES AUTHORITY

4 Establishment of the Private Security Services Li censing Authority

(1) The Private Security Services Licensing Authority is hereby established.

(2) The Minister shall, with the consent of Cabinet, appoint the members of the
Authority, and the members shall consist of the following persons:

(a) a representative from the Tonga Police, who shall be the chairperson;

(b) a representative from the Tonga Defence Services;

(c) a representative from the Ministry of Labour, Commerce and
Industries; and

(d) the secretariat shall be from Tonga Police.

(3) The Authority shall have power to co-opt to any of its meetings any person it
requires.

5 Functions and Powers of the Authority

The Authority shall have the following functions and powers –

(a) review and decide on applications for a Provider’s o Trainer’s licence;

(b) monitor and supervise the private security services sector;

(c) receive and decide on complaints against Providers and Trainers;

(d) issue a Code of Conduct for Providers and Trainers;

(e) propose regulations to regulate the private security services sector; and

(b) review and advise the Minister on any matter relating to this Act,
including any reforms that should be made.

Section 6 Private Security Services Act 2010





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PART III — LICENSING OF PROVIDERS AND TRAINERS

6 Application for licence

(1) Any person who intends to be a Provider or Trainer, or both, as a business
offered to the general public, shall submit an application to the Authority.

(2) An application for a licence under section 5 shall be accompanied by a written
statement setting out —

(a) the name, residential and postal address of the officers of the company,
if the applicant is a company;

(b) the name, residential and postal address of the sol proprietor, if the
applicant is not a company;

(c) two written references from persons of good character;

(d) the names and details of employees, accompanied by proof of identity
for each employee;

(e) Police clearance for all employees;

(f) medical clearance from a registered medical practitioner for all
employees;

(f) details of all security gear, security equipment or the means of security
services to be used by the applicant;

(g) details of the uniform to be worn, and the logo, insignia or trademark of
the applicant; and

(h) details of the applicant’s experience in providing security services, if
any; and

(i) details of any training that the applicant and employees have received
in providing private security services, if any.

7 Consideration of an application

(1) Upon receipt of an application under section 5, the secretariat of the Authority
shall first review the application for compliance with section 6(2), before
submitting the application for the Authority to consider.

(2) The Authority shall consider any application presented by the secretariat of
the Authority, and may decide whether to approve or refuse the application.

(3) The secretariat shall inform the applicant in writing the decision of the
Authority.

Private Security Services Act 2010 Section 8





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8 Powers of inquiry

(1) The Authority may inquire into any application that is submitted for
consideration.

(2) In conducting an inquiry under this section, the Authority may have regard to
any information that is relevant to the application about —

(a) the person applying, if a sole proprietor;

(b) any officer of the company, if a company; or

(c) any employee of the applicant.

9 Grant of Licensing

(1) The Authority may issue a license authorising a person to be a Provider or
Trainer in any one or combination of the following activities —

(a) security guard;

(b) bodyguard; or

(c) crowd controller.

(2) The licence issued under subsection (1) shall be in the form determined by the
Authority, and shall be displayed at the head office of the applicant for the
public.

10 Restrictions on Licensee

(1) Any person who has been issued with a licence under sub-section (1) shall
only do so if he has also been granted a business licence issued under the
Business Licences Act.

(2) No licence issued under this Act shall be deemed in any way to mean that a
licensee has the powers of a Police officer or any l w enforcement officer.

11 Grounds for approval

The Authority may grant an application if it is sati fied that —

(a) the granting of the licence is in the interest of public safety;

(b) the applicant has or will be able to obtain financial resources that are adequate
to ensure the financial viability of the business;

(c) that each person stated in the application;

(i) is aged 18 years or more;

(ii) has not contravened or failed to comply with any provision of this Act,
the regulations or any corresponding previous enactmen , to the extent
that warrants the refusal of the licence;

(iii) is not a prohibited person;

Section 12 Private Security Services Act 2010





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(iv) has not, within the preceding 5 years, been declar d bankrupt;

(v) is not insolvent or under administration; or

(vi) is medically fit to provide security services.

12 Refusal of an application

(1) If the Authority decides not to grant a licence, it must notify the applicant in
writing as to –

(a) the reason for refusal; and

(b) invite the applicant to make a written submission n accordance with
subsection (2).

(2) An applicant who has been served a notice under subsection (1) may, within
28 days after the day on which he is served with the notice, may make a
written submission to the Authority requesting a reconsideration of the refusal
to grant the licence and the grounds for such reconsideration.

13 Reconsideration of application

(1) After receiving a submission within the time specified under section 12(2), the
Authority may—

(a) further consider the application and grant the licence; or

(b) decide not to grant the licence and notify the applicant in writing of the
reasons for this decision.

(2) Any person who is not satisfied with a decision f the Authority under
subsection (1), may lodge an appeal in writing to the Minister within 7 days of
receipt of such decision, accompanied by the prescribed fee set by regulations
made under this Act.

(3) The Minister may grant or refuse the appeal, and notify the applicant his
decision within 14 days of receipt of the appeal.

(4) The decision of the Minister shall be final.

14 Fees

The Authority may prescribe by regulations the appro riate fees for matters
performed under this Act, including but not limited to –

(a) application for a licence;

(b) renewal applications;

(c) licence certificate;

(d) late renewal; and

Private Security Services Act 2010 Section 15





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(e) provision of duplicate of licence.

15 Duration of license

A licence issued under this Act shall be valid for a period not exceeding 12 months.

16 Renewal

(1) A licensee may apply to the Authority to renew his licence issued under this
Act.

(2) An application under subsection (1) shall be —

(a) made no later than one month before the expiration of the licence;

(b) in a form approved by the Authority;

(c) accompanied by written confirmation from the Ministry of Revenue
that the applicant has no outstanding tax obligations;

(d) accompanied by written confirmation from the Registry of the Supreme
Court that the applicant has no outstanding judgment against the
applicant;

(e) accompanied by a Police clearance that none of the employees of the
applicant has any criminal record;

(f) submitted with written references from two person of good character;
and

(g) the prescribed renewal application fee.

(3) The Authority may treat an application for renewal as a new application for a
licence.

PART IV – DISCIPLINE

17 Code of Conduct

The Authority shall issue a Code of Conduct for Private Security Service Providers
and Trainers, upon consultation with providers and trainers, and with the consent of
the Minister.

18 Breach of Code of Conduct

Any licensee or employee of a licensee who breaches a Code of Conduct shall be
subject to disciplinary proceedings to be conducted in accordance with disciplinary
regulations made by the Authority, with the consent of the Minister.

Section 19 Private Security Services Act 2010





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19 Sanctions

Any licensee or employee of a licensee who is found to have breached the Code of
Conduct, may be subject to one or a combination of the ollowing sanctions –

(a) reprimand;

(b) undergo counselling or training, or both;

(c) make apology and pay compensation to the complainant;

(d) pay a fine not exceeding $1,000;

(e) suspension for a period not exceeding 2 years; or

(f) permanent disqualification from holding a licence or being employed by a
licensee.

20 Appeal against discipline decision

(1) Any person who is not satisfied with a decision under this Part may lodge an
appeal in writing to the Minister within 14 days of receipt of the decision,
along with the prescribed fee set by regulations made under this Act.

(2) The Minister may decide to either grant or refus the appeal.

(3) The Minister shall notify the appellant his decision in writing no later than 28
days from the date of receipt of the appeal.

(4) The decision of the Minister shall be final.

PART V — OFFENCES

21 Providing private security services or training without a licence

Any person who acts as a provider or trainer withou a licence commits an offence,
and shall be liable upon conviction to pay a fine of up to $5,000, or a term of
imprisonment not exceeding 2 years imprisonment, or both.

22 Holding out offence

Any person who holds out to be a provider or trainer and has no licence commits an
offence, and shall be liable upon conviction to paya fine of up to $5,000, or a term
of imprisonment not exceeding 2 years six months, or both.

23 Unlawful use of protective gear

(1) Any licensee who distributes to his employees for use, or permits or causes
the use of, or any employee who carries or uses –

Private Security Services Act 2010 Section 24





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(a) batons;

(b) handcuffs;

(c) debilitating spray, such as mace, capsium pepper spray or similar
apparatus;

(d) taser gun or similar apparatus; or

(e) any item used for restraining or debilitating any person,

commits an offence and shall be liable upon conviction o pay a fine not
exceeding $10,000 or to imprisonment not exceeding 3 years, or both.

(2) In addition to any penalty imposed by the Court under sub-section (1), the
Court may also order the disqualification of the licensee or employer of the
employee convicted under sub-section (1) from holding a licence indefinitely
or for a period not exceeding 2 years.

PART VI — MISCELLANEOUS

24 Regulations

The Minister may, with the consent of Cabinet, make regulations in order to further
the objectives of this Act.

25 Transition

Any person who has been issued with a business licence under the Business
Licences Act to carry out security services, shall continue to provide such services
as if granted a licence under this Act until the expiry of his licence, provided that he
shall submit an application for a licence under this Act no later than one month from
the expiry of his business licence.





Passed by the Legislative Assembly this 22nd day of September 2010.

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