§ 64 — Security directions

64.—(1) Subject to subsection (2), the Minister may, and in accordance with subsections (3), (4), (5) and (6), give such security directions as may be necessary or desirable to address any issue or perceived issue of public safety, or to mitigate adverse consequences arising from any issue or perceived issue of public safety, in connection with any regulated activity.(2) The Minister must not make any security direction unless it is impracticable in the circumstances of the particular case for the Minister to make or amend any Regulations to effectively address any issue or perceived issue of public safety or to mitigate adverse consequences arising from any issue or perceived issue of public safety in connection with any regulated activity; and so far as any security direction is inconsistent with the Regulations, the security direction prevails.

(3) The Minister may give a security direction made under this section to all or any of the following, individually or as a class:(a)

a licensee;

(b)

a class licensee;

(c)

a person who is exempt from any provision of this Act by an order under section 87, 88 or 89.

(4) In making a security direction under this section, it is not necessary for the Minister to give any person who may be affected by the direction a chance to be heard before the direction is given.

(5) A security direction may be in force for a period not exceeding 6 months unless earlier revoked under subsection (6), and may be renewed by the Minister once only for a further period not exceeding 6 months.

(6) The Minister may, at any time when any security direction is in force, revoke the security direction by giving notice of that revocation in the same manner as the direction was given.

(7) A security direction given under subsection (1) —(a)

may require the person to whom it is given (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including any of the following:(i)

a requirement that the person provide information, or produce for inspection material in the person’s possession, relating to the regulated activity or the premises where the regulated activity is carried on, or to activities carried on at those premises;

(ii)

a requirement that the person ensure that the premises where the regulated activity is carried on be closed and remain closed for a specified period;

(iii)

a requirement that the person ensure that specified activities or operations at those premises be discontinued or not commenced for a specified period;

(iv)

a requirement that the person ensure that specified activities or operations not be carried on at the premises except at specified times or subject to specified conditions;

(v)

a requirement that the person take action in relation to those premises as specified in the notice;

(b)

takes effect in accordance with section 65(6), or at such time as is determined by or under that direction if provided in the direction; and

(c)

may be revoked at any time by the Minister.

(8) Every person in subsection (3) must comply with every direction given under this section to the person as soon as it takes effect.

(9) A person to whom a direction is given under this section commits an offence if the person intentionally or negligently fails to comply with the security direction, and shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $20,000.

(10) No civil or criminal liability is incurred by the person, or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.

—(1) Subject to subsection (2), the Minister may, and in accordance with subsections (3), (4), (5) and (6), give such security directions as may be necessary or desirable to address any issue or perceived issue of public safety, or to mitigate adverse consequences arising from any issue or perceived issue of public safety, in connection with any regulated activity.

(2) The Minister must not make any security direction unless it is impracticable in the circumstances of the particular case for the Minister to make or amend any Regulations to effectively address any issue or perceived issue of public safety or to mitigate adverse consequences arising from any issue or perceived issue of public safety in connection with any regulated activity; and so far as any security direction is inconsistent with the Regulations, the security direction prevails.

(3) The Minister may give a security direction made under this section to all or any of the following, individually or as a class:(a)

a licensee;

(b)

a class licensee;

(c)

a person who is exempt from any provision of this Act by an order under section 87, 88 or 89.

(4) In making a security direction under this section, it is not necessary for the Minister to give any person who may be affected by the direction a chance to be heard before the direction is given.

(5) A security direction may be in force for a period not exceeding 6 months unless earlier revoked under subsection (6), and may be renewed by the Minister once only for a further period not exceeding 6 months.

(6) The Minister may, at any time when any security direction is in force, revoke the security direction by giving notice of that revocation in the same manner as the direction was given.

(7) A security direction given under subsection (1) —(a)

may require the person to whom it is given (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including any of the following:(i)

a requirement that the person provide information, or produce for inspection material in the person’s possession, relating to the regulated activity or the premises where the regulated activity is carried on, or to activities carried on at those premises;

(ii)

a requirement that the person ensure that the premises where the regulated activity is carried on be closed and remain closed for a specified period;

(iii)

a requirement that the person ensure that specified activities or operations at those premises be discontinued or not commenced for a specified period;

(iv)

a requirement that the person ensure that specified activities or operations not be carried on at the premises except at specified times or subject to specified conditions;

(v)

a requirement that the person take action in relation to those premises as specified in the notice;

(b)

takes effect in accordance with section 65(6), or at such time as is determined by or under that direction if provided in the direction; and

(c)

may be revoked at any time by the Minister.

(8) Every person in subsection (3) must comply with every direction given under this section to the person as soon as it takes effect.

(9) A person to whom a direction is given under this section commits an offence if the person intentionally or negligently fails to comply with the security direction, and shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $20,000.

(10) No civil or criminal liability is incurred by the person, or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.