Conditions and Authority
The Commercial Agents & Private Inquiry Agents Act 2004 and Regulation sets out specific conditions and authorities for all Operator licences granted. Each licensee is individually issued with the conditions and authorities, relevant to the licence that has been approved.
Once a photograph licence has been issued, a 'Notice of Authority and Conditions' is sent to the licensee by mail. This document outlines detailed information concerning the type of duties that may be performed, as well as any special and standard conditions in relation to the licence granted.
Standard conditions for new and existing operator licensees
The licensee must not carry out any CAPI activity unless they do so in accordance with an operator licence for that activity and in the course of their employment with the holder of a master licence.
The operator licence must be produced for inspection on demand by an authorised inspector or by any person with whom the licensee has dealings, when carrying out any CAPI activity.
The licensee must not permit any other person to use the licence.
The licensee must immediately after becoming aware that their licence has been lost, stolen, destroyed, defaced or mutilated, report the incident to the Police Assistance Line (PAL) on phone number 131 444 and obtain an Event Number. The licensee must, within 7 days upon reporting the incident, notify the Commissioner by post, on the approved form and request a duplicate licence.
In the event that the licence is replaced during the current term, the licensee must return the previous licence to the Security Licensing & Enforcement Directorate (SLED) (unless lost).
The licensee must notify the Commissioner in writing, on the approved form, within 14 days after a change to their name, address or other registered particulars.
The licensee who is carrying out CAPI activities by telephone must, on demand by the person with whom they are speaking, announce their name and licence number.
The licensee must comply with the provisions of the CAPI Act.
The licensee must ensure that if the licence is kept in a licence card holder, the entire licence must be visible (there is no material adhering to the licence that obscures any part of the licence from view).
Debt collection licence only
The holder of a licence for debt collection must produce documentary evidence of the debt, on being asked by a person from whom they are requesting, demanding or collecting money due under a debt.
Commercial Agents licence where the licensee has no approved industry qualification
The licensee must provide evidence to the Security Licensing & Enforcement Directorate of successful completion of compulsory units and electives in the Certificate III in Financial Services (Mercantile Agents) course number FNS 30404, that are applicable to the activities authorised by the licence, within 24 months of issue of the licence.
Private Inquiry Agents licence where the licensee has no approved industry qualification
The licensee must provide evidence to the Security Licensing & Enforcement Directorate of successful completion of compulsory units and electives in the Certificate III in Investigative Services, course number PRS30303 or course number CPPSEC30607, that are applicable to the activities authorised by the licence, within 24 months of issue of the licence.
Special Conditions for new Operator Licensees
Probationary Operator Licence
A person's first operator licence (probationary licence) and any subsequent probationary licences, are issued subject to a condition that the licensee may carry out the activities authorised by the licence only under the supervision of the holder of a Master licence or the holder of an unrestricted operator licence.