Crowd Controllers Act 1999
An Act to provide for the regulation of the provision of crowd control services and for related purposes
[Royal Assent 7 April 1999]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Crowd Controllers Act 1999 .
This Act commences on a day to be proclaimed.
(1) In this Act, unless the contrary intention appears –crowd controller means a person who, in respect of licensed premises, performs the function of –(a) controlling or monitoring the behaviour of persons; or(b) screening persons seeking entry; or(c) removing persons because of their behaviour;disqualifying offence means –(a) an offence involving dishonesty whether committed in the State or elsewhere; or(b) an offence involving violence whether committed in the State or elsewhere; or(c) [Section 3 Subsection (1) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] an offence against the Misuse of Drugs Act 2001 or Part V of the Poisons Act 1971 ;[Section 3 Subsection (1) amended by No. 24 of 2004, s. 31, Applied:01 Jan 2005] licensed premises has the same meaning as in the Liquor Licensing Act 1990 ;[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004](2) If a person has at any time been convicted of an offence against a law of another State or a Territory which is substantially similar to an offence referred to in paragraph (c) of the definition of disqualifying offence , the conviction of the offence against that law is to be taken for the purposes of this Act to be a conviction of an offence referred to in that paragraph.
(1) This Act does not apply to –(a) a police officer; or(b) a ticket collector at licensed premises to the extent that his or her functions include screening persons seeking entry to those premises; or(c) a natural person who is the licensee of licensed premises to the extent that he or she controls or monitors the behaviour of persons at the licensed premises; or(d) a person employed at licensed premises who performs at those premises any prescribed function; or(e) any person or class of persons exempted under subsection (3) .(2) For the purposes of paragraph (d) of subsection (1) ,prescribed function, in relation to a person employed at licensed premises, means a function specified in paragraph (a) , (b) or (c) of the definition of crowd controller in section 3 which is not part of the regular duties of that person at those premises.(3) The Minister, by notice published in the Gazette, may exempt from this Act –(a) any specified class of persons; or(b) persons carrying out specified duties; or(c) persons carrying out duties at any specified place, event or function or specified class of place, event or function.(4) The notice published in the Gazette may provide –(a) for circumstances in which, and conditions subject to which, an exemption is to apply; and(b) that an exemption is of no effect at any time when any condition to which it is subject is not being observed.(5) A notice referred to in subsection (3) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
(1) A person must not –unless the person has obtained the prescribed competency requirements.(a) carry out the functions of a crowd controller; or(b) advertise, or in any way hold out, that the person carries out, or is willing to carry out, the functions of a crowd controller –Penalty: Fine not exceeding 20 penalty units.(2) A person must not directly or indirectly engage another person to carry out the functions of a crowd controller unless the other person has obtained the prescribed competency requirements.Penalty: Fine not exceeding 20 penalty units.
6. Prohibition of person from carrying out functions of crowd controller, &c.
If a court convicts a person of an offence against this Act or a disqualifying offence, the court may, in addition to any other order that it makes, by order prohibit the person from carrying out the functions of a crowd controller or engaging in the business of supplying the services of crowd controllers for such period, not less than 12 months, as the court thinks fit.
7. Application to court for order prohibiting a person from carrying out functions of crowd controller
(1) The Commissioner of Police may, in the circumstances specified in subsection (2) , apply to a court of petty sessions for an order prohibiting a person from carrying out the functions of a crowd controller or engaging in the business of supplying the services of crowd controllers.(2) The Commissioner of Police may make an application under subsection (1) in the following circumstances:(a) in the case of a natural person carrying out the functions of a crowd controller or engaging in the business of supplying the services of crowd controllers, if that person –(i) has been convicted of an offence against this Act; or(ii) has been convicted, before or after the commencement of this Act, of a disqualifying offence;(b) in the case of a corporation engaged in the business of supplying the services of crowd controllers, if a person involved in the management of that corporation –(i) has been convicted of an offence against this Act; or(ii) has been convicted, before or after the commencement of this Act, of a disqualifying offence.(3) The Commissioner of Police, on making an application under subsection (1) , is to serve a copy of the application –(a) in the case of a natural person carrying out the functions of a crowd controller, personally on that person; or(b) in the case of a corporation engaged in the business of supplying the services of crowd controllers, personally on a director, the secretary, the public officer, or any person who the Commissioner reasonably believes is a responsible officer, of the corporation.(4) Service of the copy of an application may be proved in the same manner as service of a summons under the Justices Act 1959 .
8. Delegation by Commissioner of Police
The Commissioner of Police may delegate any of the Commissioner's functions or powers under section 7 .
(1) For the purpose of hearing an application under section 7 , a court of petty sessions is to be constituted by a magistrate.(2) The person in respect of whom an application under section 7 is made is entitled to be heard and to adduce evidence on the hearing of the application.(3) If the court is of the opinion that it is not in the public interest that the person, in respect of whom the application under section 7 is made, carry out the functions of a crowd controller or engage in the business of supplying the services of crowd controllers, the court may, by order, prohibit that person from carrying out the functions of a crowd controller or engaging in the business of supplying the services of crowd controllers for such period, not less than 12 months, as the court thinks fit.(4) Service of an order made under subsection (3) is to be effected on a person referred to in subsection (2) in the same manner as service of a summons under the Justices Act 1959 .
10. Certain persons not to carry out functions of crowd controller, &c.
(1) A person in respect of whom an order under section 6 or 9(3) is in force must not carry out the functions of a crowd controller or advertise, or in any way hold out, that the person carries out or is willing to carry out the functions of a crowd controller.Penalty: Fine not exceeding 50 penalty units.(2) A person must not directly or indirectly engage another person to carry out the functions of a crowd controller if the person knows that there is in force an order under section 6 or 9(3) in respect of that other person.Penalty: Fine not exceeding 50 penalty units.(3) A person in respect of whom an order under section 6 or 9(3) is in force must not engage in the business of supplying the services of crowd controllers.Penalty: Fine not exceeding 50 penalty units.
11. Prohibiting orders to be forwarded to Commissioner for Licensing
(1) If an order under section 6 is made by –(a) the court of petty sessions, the clerk of the court is to forward a copy of the order to the Commissioner for Licensing; or(b) the Supreme Court, the Registrar of the Court is to forward a copy of the order to the Commissioner for Licensing.(2) If an order is made under section 9(3) , the clerk of the court which made the order is to forward a copy of the order to the Commissioner for Licensing.
12. Register to be kept by Commissioner for Licensing
The Commissioner for Licensing is to keep a register containing the names of the persons who have obtained the prescribed competency requirements.
13. Registers to be kept by employers of crowd controllers
(1) In this section –employ includes engage the services of a person;employer includes a person who engages the services of another person.(2) For the purposes of this section, if a person engaged in the business of supplying the services of crowd controllers provides those services to another person, the person engaged in that business is taken to be the employer of the crowd controllers.(3) Subject to this section, the employer of a crowd controller must keep or cause to be kept a register of crowd controllers in respect of each licensed premises at which crowd controllers are employed.Penalty: Fine not exceeding 20 penalty units.(4) The register is to contain –(a) the full name of each of the crowd controllers employed by the employer at the licensed premises referred to in subsection (3) ; and(b) details of incidents requiring the removal of any person from, or the prevention of any person from entering, those licensed premises by a crowd controller employed by the employer.(5) A reference in subsection (4) to the removal of any person from, or the prevention of any person from entering, licensed premises by a crowd controller is a reference to the removal, or prevention of entry, of the person in any manner which involves physical contact between the crowd controller and the person.(6) The person required to keep or cause to be kept a register of crowd controllers must ensure that –(a) details of the name of each crowd controller who is employed to work at licensed premises are entered in the register on each day before the crowd controller commences work at that place; and(b) details of incidents occurring at those premises are entered in the register as soon as practicable after the incident occurs.Penalty: Fine not exceeding 20 penalty units.(7) [Section 13 Subsection (7) amended by No. 24 of 2004, s. 32, Applied:01 Jan 2005] The person required to keep or cause to be kept a register of crowd controllers must produce the register for inspection to a police officer or an authorized officer within the meaning of the Liquor Licensing Act 1990 on demand being made by the police officer or authorized officer.Penalty: Fine not exceeding 20 penalty units.
14. Identification to be worn by crowd controllers
When undertaking the functions of a crowd controller, a person must wear such identification, as may be prescribed, so that the identification is clearly visible.Penalty: Fine not exceeding 20 penalty units.
In any proceedings for an offence against this Act, a certificate signed or purporting to be signed by the Commissioner for Licensing and stating that a person has or has not obtained the prescribed competency requirements is evidence of the facts stated in the certificate.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting subsection (1) , the regulations may make provision for or with respect to the giving to the Commissioner for Licensing of information in relation to persons who have obtained the prescribed competency requirements.(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Commissioner of Police, Commissioner for Licensing or the Accreditation and Recognition Committee within the meaning of the Vocational Education and Training Act 1994 .(5) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 5 penalty units.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and(b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.