Repossession Industry News...

COMMERCIAL AGENTS & PRIVATE INQUIRY AGENTS ACT 2004

is now in effect

The New South Wales Commercial Agents & Private Inquiry Agents Act 2004 and Regulation became effective as from the 1st May 2006. All current NSW Commercial and Private Inquiry Agents must apply to the Commercial Agents & Private Inquiry Agents Unit (CAPI unit - part of NSW Police Security Industry Registry) prior to the expiry of their current licence.   The new laws have been designed with the clear intention of providing the community of New South Wales with confidence in a professional CAPI industry where competence, integrity and accountability are provided and maintained to a high standard

 
The most significant aspects of these new laws are:
  • Licences have been placed into two groups
    • Operator licences for Agents (employees)
    • Master licences for Businesses (employers)
  • The Commercial Agents & Private Inquiry Agents Act 2004 embraces any individual and business engaging in CAPI activities. Any individual or business conducting CAPI activities must hold a CAPI licence for those activities.
  • Holders of Operator licences may only work for a Master licence holder, unless they hold an individual Master licence of their own.
  • Mandatory refusal of licence applications for persons convicted of prescribed offences within the last 10 years.
  • Mandatory refusal of licence applications for persons found guilty, with no conviction recorded, of prescribed offences within the last 5 years.
  • Operator licences may be issued for a period of 1 or 5 years and Master licences may be issued for 5 years, unless suspended or cancelled by the NSW Police Commissioner; e.g. if the conditions of a licence are not satisfied or the licensee is convicted of a prescribed offence.
  • A person's first operator licence is probationary for 1 year and the holder must work under the immediate supervision of a fully licensed operator or master licence holder.
  • An Operator licence is a 'photograph' licence, approved by NSW Police and issued by the Roads & Traffic Authority (RTA).
  • A Master licence (for businesses) is a certificate style, paper licence, approved and issued by the CAPI Unit, Security Industry Registry, NSW Police.
  • All licences are subject to conditions. It is a responsibility of licensees to be familiar with and comply with all conditions.
  • Licence fees must accompany all applications. Unsuccessful applications will incur a non-refundable processing fee of $65.00.
  • Completed licence applications are processed centrally by the CAPI Unit, Security Industry Registry, NSW Police.
To work in New South Wales as a self employed Private Inquiry Agent or as a sub-contractor to a company or to employ or sub-contact Private Inquiry Agents, one of three categories of ‘Master licence’ is required.

 
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