In force2020 Revised Edition

Contents

Private Security Industry Act 2007 · 2020 Revised Edition · Part 2 · Private Investigators and Private Investigation Agencies

6. No person to be private investigator without private investigator’s licence

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(1)

A person must not —

(a)

carry out for reward (whether in the course of business or of employment) any function of a private investigator; or

(b)

advertise, or in any way hold out, that the person carries out or is willing to carry out for reward any function of a private investigator,except under and in accordance with a private investigator’s licence granted under this Act.

(2)

A person who contravenes subsection (1) 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.

Terms defined in this Act

licence
Defined · s 2
“licence” means any of the following licences granted under this Act:(a)a private investigator’s licence;(b)a private investigation agency’s licence;(c)a security officer’s licence;(d)a security agency’s licence; or(e)a security service provider’s licence;
Open s 2
private investigator
Defined · s 5
“private investigator” means any individual who, for reward, carries out any of the following functions:(a)obtaining and giving information about any person;(b)searching for missing persons;(c)obtaining and giving information as to the cause and origin of or responsibility for any fire, libel, loss or accident or any damage to real or personal property;(d)obtaining and giving information as to the location or recovery of lost or stolen property; or(e)obtaining evidence to be used in any civil or criminal proceedings.(2) For the purposes of this Act, a private investigator does not include —(a)a person employed by an employer to obtain and give information about another person who is employed by the employer, or whom the employer intends to employ;(b)a person employed by a business entity to obtain and give information about the character or nature of business of another business entity for the purpose of any business venture undertaken or to be undertaken by the employer or exclusively for the purposes of market research; and(c)a person who carries out any function mentioned in paragraphs (a) to (e) of subsection (1) —(i)as part of the person’s profession or business as an advocate and solicitor or as part of the person’s occupation as an employee of an advocate and solicitor;(ii)as part of the person’s profession or business as a public accountant or as part of the person’s occupation as an employee of a public accountant;(iii)as part of the person’s business of obtaining or giving information as to the financial rating or standing of another person; or(iv)as part of the person’s business of insurance or as an insurance adjustment agency, or as part of the person’s occupation as an employee of the person carrying on the business of insurance or the insurance adjustment agency.(3) In this section,
Open s 5
reward
Defined · s 2
“reward” means reward under any scheme, agreement, understanding, promise, undertaking (whether express or implied) or other arrangement;
Open s 2