Private Investigators and Security Guards Act 1974

  • repealed
  • Private Investigators and Security Guards Act 1974: repealed, on 1 April 2011, by section 119 of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).
4 Meaning of security guard
  • (1) In this Act, security guard means a person who carries on any business, either by himself or in partnership with any other person, whereby for valuable consideration he—

    • (a) guards, elsewhere than on premises owned or occupied by himself or his firm or any of his partners, any real or personal property belonging to another person; or

    • (b) installs on, repairs on, or removes from any part of any premises that are not owned or occupied by himself or his firm or any of his partners—

      • (i) any burglar alarm or similar warning device; or

      • (ii) any locking device for a safe or a strongroom; or

    • (c) installs on, operates on, causes to be operated on, repairs on, or removes from any part of any premises that are not owned or occupied by himself or his firm or any of his partners, for the purpose of detecting the commission of an offence by any person on those premises, any camera or similar device; or

    • (d) enters any premises that are not owned or occupied by himself for the purpose—

      • (i) of selling or attempting to sell any device of the kind referred to in subparagraphs (i) or (ii) of paragraph (b), or paragraph (c); or

      • (ii) of advising the owner or occupier of the premises on the desirability of having installed on the premises any or any further such device; or

      • (iii) of advising the owner or occupier of the premises on the desirability of having guarded the premises or any other property that may from time to time be on the premises or dispatched from the premises; or

    • (e) monitors any burglar alarm or similar warning device, or camera or similar device, that is on any premises that are not owned or occupied by himself or his firm or any of his partners.

    (2) For the purposes of this section but without limiting the meaning of the term carries on any business, a person shall be deemed to carry on a business if he holds himself out to the public as being ready to carry on that business.

    (3) Notwithstanding anything in subsection (1), no person is a security guard within the meaning of this Act by reason of the fact that—

    • (a) he is engaged by the licensee or manager of any licensed premises to assist in maintaining order on those premises; or

    • (b) he engages in or carries on any occupation or business in accordance with a practising certificate, licence, permit, or other authority, granted or issued to him under any other enactment.

    (4) Notwithstanding anything in subsection (1), the Governor-General may from time to time, by Order in Council, declare that a person is not a security guard by reason only of the fact that he carries on any occupation or business described in the Order.

    Subsection (1) was amended, as from 1 April 1979, by section 3(1) Private Investigators and Security Guards Amendment Act 1978 (1978 No 83) by omitting the words in return.

    Subsection (1)(d) was amended, as from 1 April 1979, by section 3(2) Private Investigators and Security Guards Amendment Act 1978 (1978 No 83) by inserting the expression ; or.

    Subsection (1)(e) was inserted, as from 1 April 1979, by section 3(3) Private Investigators and Security Guards Amendment Act 1978 (1978 No 83).

    Subsection (3) was amended, as from 1 April 1979, by section 3(4) Private Investigators and Security Guards Amendment Act 1978 (1978 No 83) by omitting the word only.