Section 12
Duty to keep records
of Private Security Industry Act 2007
(1)
A licensed private investigation agency must —
in relation to each occasion on which the licensed private investigation agency is engaged to provide the services of licensed private investigators the licensed private investigation agency employs, keep a record of the following information:
the name and address of the person engaging those services;
the date on which the services are provided;
details of the services provided; and
such other particulars as may be prescribed; and
retain every such record for a period of at least 5 years from the date of the occasion to which the record relates.
(2)
Every employer of a licensed private investigator who is not a licensed private investigation agency must —
retain a record of every assignment handled by the private investigator while in his or her employment, which includes —
the name and particulars of any person investigated;
all actions taken by the private investigator on each assignment; and
such other particulars as may be prescribed; and
keep such records for a period of at least 5 years from the date of commencement of the assignment to which the record relates.
(3)
Every person required under this section to keep records must furnish to the licensing officer such records at such time and in such format and through such medium (whether electronic or otherwise) as the licensing officer may require.
(4)
A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(5)
If a person who is required under this section to keep or submit records —
makes a record that —
is false or misleading; or
omits any matter or thing without which the record is misleading;
knows that the record is as described in paragraph (a); and
furnishes the record to the licensing officer following a requirement made under subsection (3),the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(6)
Subsection (5) does not apply —
if the record is not false or misleading in a material particular; or
if the record did not omit any matter or thing without which the record is misleading in a material particular.