The Hon. TARA MORIARTY (Minister for Agriculture, Minister for Regional New South Wales, and Minister for Western New South Wales) (20:00): I move:

That this bill be now read a second time.

The Government is pleased to introduce the Police Legislation Amendment (Miscellaneous) Bill 2025. The bill makes several miscellaneous amendments to update and improve legislation relating to witness protection and to the regulation of the scrap metal, security and tattoo industries. Those amendments include clarifying provisions to remove ambiguity, repealing redundant provisions, and minor changes to address practical issues encountered in applying the legislation. The measures included in the bill reflect the Government's commitment to ensuring that laws concerning these matters are clear, accurate and fit for purpose.

I seek leave to incorporate the remainder of my speech in Hansard.

Leave granted.

The bill has been developed to ensure that the legislation is appropriate, contemporaneous and tailored to evolving practices and demands.

I now turn to the specific amendments in the bill.

Schedule 1 to the bill amends the Scrap Metal Industry Act 2016 to clarify provisions following the commencement of the Scrap Metal Industry Amendment (Review) Act 2022 and Scrap Metal Industry Regulation 2024.

The Scrap Metal Industry Act 2016 provides for regulation of the scrap metal trade in New South Wales. Prior to the introduction of the Act, the trade of scrap metal was largely undocumented and afforded an attractive opportunity for criminals to make quick cash. This legislative regime has been an important step in disrupting property crime and supporting legitimate scrap metal dealers.

Section 7 of the Scrap Metal Industry Act outlines the registration fees payable for a scrap metal business. The current provision sets out that a person carrying on the business of a scrap metal dealer is required to pay the prescribed fee before the end of each period of years following the date on which the fee was first paid.

This bill changes that to specify the fee is payable three years from when the certificate of registration was first issued. This improves fairness and reflects there may be a processing time delay that would reduce the timeframe before the subsequent fee payment was due.

The bill also clarifies that registration for a scrap metal business cannot be transferred to another dealer. While there are no specific provisions currently in the Scrap Metal Industry Act that expressly prohibit doing so, the NSW Police Force considers such a transfer is prohibited and does not align with the other probity mechanisms within the legislation. Proposed section 8 subsections 2 and 3 will improve clarity by providing that registered businesses cannot be transferred to another dealer by changing the registration information for the business, or by another means. This reflects the intent that, if a registered scrap metal business is sold to an individual, partnership or corporation that holds a different ABN, the scrap metal dealer carrying on the new business must apply for registration of that business.

Under section 11A of the Act, the Commissioner of Police may, in circumstances prescribed by the regulations, refuse, suspend or revoke a registration. The regulations provide that prescribed circumstances include if the Commissioner believes on reasonable grounds that the scrap metal dealer is likely to commit an offence against the Act or regulation. The bill makes an amendment that prevents the disclosure of reasons relating to a scrap metal business registration determination, where doing so would disclose the existence or content of any criminal information to resolve this issue. This is important in ensuring that any criminal intelligence relied on in making these determinations are not inappropriately released.

Schedule 2 to the bill amends the Security Industry Act 1997 and builds on recent amendments introduced by the Security Industry Amendment Act 2022. These amendments strengthened the licensing regime for the security industry and ensured that regulation of the security industry is fit for purpose and tailored to the evolving practices and demands on the industry.

The bill incorporates amendments to fix practical issues with applying the legislation, including with regard to exempting persons from the operation of the Act. Proposed section 6 (2A) (3) and (4) sets out that the regulations may exempt a person or class of persons from the operation of the Act in the circumstances prescribed by the regulation and subject to the conditions, if any, prescribed by the regulations. Schedule 2.2 to the bill amends the regulations to clarify that the persons or class of persons listed in the existing Schedule 1 of the regulations are exempt from the operation of the Act to the extent specified in schedule 1. These amendments reflect the current practice where persons or classes of persons listed on schedule 1 to the regulations are exempt from the operation of the Act to the extent specified in the schedule, and returns to the approach in place prior to the 2022 reforms.

The bill also amends section 6AA to clarify that the Commissioner's power under section 6AA to exempt a person or class of persons from the requirement to hold a licence under section 7(1) or (2) of the Act is limited to situations where the Commissioner believes it urgent or necessary to do so.

The bill amends section 10 of the Security Industry Act 1997, which currently provides that a Master licence class ME authorises the holder to provide 50 or more persons on any one day to carry on security activities. The bill sensibly amends this provision to reflect that a licence class ME authorises the holder to provide any number of persons to carry on security activities and is not restricted to providing more than 49 persons.

The bill amends the general suitability criteria under section 15 to require that a licence applicant's character, honesty and integrity is considered as part of the "fit and proper person" assessment for competency to hold a security licence. Currently, the Commissioner of Police must refuse to grant a security licence application if the Commissioner is not satisfied that the applicant is a fit and proper person to hold the class of licence being sought. However, the elements that constitute "fit and proper" are not defined under the Act. Requiring the Commissioner to have regard to the applicant's character, honesty and integrity enhances the fit and proper person test to better inform the assessment process.

The bill amends section 24 and section 27 of the Act to set out that a variation of a security licence comes into force when the application for the variation is granted, rather than when the applicant's licence photo is taken. This is a sensible adjustment to reflect that a new licence photo may not be required.

The bill also amends sections 35 and 36 of the Act to exempt new licence holders from wearing and producing their licence on demand, while their physical photographic licence card is being printed, for two weeks from the time their licence comes into force or until they receive their card - whichever is sooner. This will allow new licensees to commence work within that time, and not have their employment hampered by licence processing constraints.

The final amendment to the Security Industry Act corrects legislative cross references within section 39R, relating to the requirements to furnish records of information.

I now move to schedule 3 to the bill, which makes amendments to the Tattoo Industry Act 2012. This Act provides a legislative framework for the probity assessment and licensing of body art tattooists and operators of tattoo businesses. This aligns with the Act's key aims of curbing infiltration of the industry by organised criminal groups. Since the Act commenced in 2012, organised criminal activity in the tattoo industry has reduced, thereby demonstrating the success of the regime. More recent amendments have concentrated on enhancing opportunities for body art tattooing businesses to flourish.

When first enacted in 2012, section 11 of the Act provided that an application for a licence could not be made by an individual who is not an Australian citizen or Australian resident. The 2022 amendments to the Act clarified that this provision referred to permanent Australian residents.

This bill further amends the Tattoo Industry Act 2012 to exempt temporary Australian residents who held a licence under the Act immediately before 1 September 2023 from the permanent residency requirement.

This reform addresses feedback from industry on the impact of the new eligibility requirements on temporary residents who were previously licensed under the Act.

Schedule 4 to the bill amends the Witness Protection Amendment Act 2024. Most provisions in that Amendment Act commenced upon assent on 2 December 2024, and the remaining provisions will commence on 2 December 2025.

The Witness Protection Act 1995 forms the legislative basis for operating the NSW Witness Protection Program and makes provisions to protect the safety and welfare of witnesses in the Program.

The Witness Protection Amendment Act 2024 makes important amendments to modernise the Witness Protection Act 1995 which will strengthen the integrity of the NSW Witness Protection Program and the NSW Police Force's ability to protect the safety and welfare of witnesses who agree to give evidence on behalf of the Crown.

The Amendment Act enables the regulations to prescribe a person or body as an "agency" that can be subject to certain requirements under the Act. In particular, the Amendment Act inserts new section 15 (1) into the Witness Protection Act 1995

to enable the Commissioner of Police to apply to the Supreme Court for an order authorising a specified person or class of persons to remove an identity record held by an agency, or to create a new identity record in the participant's new identity.

This is important because both government and private agencies are increasingly collecting and using biometric information that could link a person's previous and new identities.

This bill amends the Witness Protection Amendment Act 2024 to clarify that the regulations can prescribe a person or body or class of person or body, whether public or private, to be an "agency" for the Witness Protection Act.

These amendments will ensure the legislation reflects the original policy intent which was consulted on throughout the development of the Amendment Act.

Appropriate consultation will be conducted before any agencies are prescribed in the regulations.

Finally, schedule 5 repeals provisions from Acts that have not yet commenced over 90 days from assent of the Act to which they relate. These are schedule 2.7 of the Tattoo Parlours Amendment (Statutory Review) Act 2022 and schedule 5 of the Security Industry Amendment (Private Investigators) Act 2016.

In both instances, the schedule is the only remaining provision not commenced for the respective Acts, and are unable to commence due to superseded legislation or instruments. Furthermore, the amendments contained in the schedules have now been given effect under the regulations. These amendment acts can therefore be repealed in their entirety.

I commend the bill to the House.

Second Reading Debate

The Hon. AILEEN MacDONALD (20:01): I speak on behalf of the Opposition on the Police Legislation Amendment (Miscellaneous) Bill 2025. I indicate at the outset that the Opposition supports the bill.

I seek leave to incorporate the remainder of my speech in Hansard.

Leave granted.

This bill responds to issues which have emerged in the application of existing laws, and represents a sensible and proportionate approach to improving regulatory clarity and consistency.

Schedule 1 to the bill amends the Scrap Metal Industry Act 2016. Effective regulation remains important in the industry to deter unwanted criminal activity. I note three main amendments to that Act contained in the bill. The first amendment adjusts the timing of business registration fees payable to align with the issuance of registration. This is a practical change and would ensure businesses are not disadvantaged by administrative delays and that the fee period reflects actual registration time. The second amendment clarifies that a scrap metal business registration is not transferable, bringing the Act into line with existing police practice, removing any uncertainty. The third amendment prevents the disclosure of any criminal information relating to a business registration determination. It allows the Commissioner to withhold reasons for a registration decision where those reasons would disclose criminal intelligence. That is a necessary safeguard, ensuring that the identity of informants and other sources of intelligence information are protected against disclosure.

Schedule 2 amends the Security Industry Act 1997 to improve regulatory accuracy and refine its processes and help ensure the integrity of the security workforce. The "fit and proper person" test for a security licence will be strengthened. This bill will require consideration of an applicant's character as part of the licence determination process. The bill also aims to cut down processing delays. It would allow new licence holders to begin work while waiting for their new physical licence card and remove the need for a new photo for licence variations. These hold ups can sometimes cause delays of several weeks.

Schedule 3 amends the Tattoo Industry Act 2012. The bill addresses an issue arising from recent changes to the eligibility for tattoo licences. It provides an exemption for temporary residents who held a licence before 1 September 2023 from the permanent residency requirement. Those individuals were already operating legally at that time and should not be penalised by a retrospective application of new criteria.

Schedule 4 amends the Witness Protection Amendment Act 2024. This amendment will ensure key reforms for the better protection of identity records for participants in the witness protection program. It will require secure storage of confidential information by all relevant agencies.

The changes introduced by this bill are practical and necessary. By improving consistency, legal clarity and aligning legislation with practical realities, it will make it easier for our hardworking police officers to carry out their duties effectively and efficiently.

I commend the bill to the House.

Ms SUE HIGGINSON (20:02): On behalf of The Greens, I indicate that we do not oppose the Police Legislation Amendment (Miscellaneous) Bill 2025. The bill makes miscellaneous amendments to several Acts to clarify provisions and remove ambiguity in the law. The bill directly relates to scrap metal, security and tattoo industries and witness protection operations. The amendments to the Scrap Metal Industry Act 2016 will make clarifications with regard to registration fee timing for scrap metal businesses and the non-transferability of registered scrap metal businesses. It will prevent the disclosure of reasons relating to scrap metal businesses' registration determination to protect sensitive criminal intelligence.

Amendments to the Security Industry Act 1987 and 2016 regulation will strengthen the security industry licensing regime by providing exemptions from the Act for certain persons and classes, including updating class ME master licences to provide that licences may provide an unlimited number of persons on any day; clarifying the fit and proper test for security licence applicants to consider character, honesty and integrity; clarifying license variation commencement; providing a 14-day grace period for newly licensed security to begin employment as they await a physical card to be issued; and correcting legislative cross-references relating to the requirements to furnish records or information. Regulations will be amended accordingly to reflect those clarifications.

Amendments to the Tattoo Industry Act 2012 and 2023 regulation will provide that temporary Australian residents may apply if they held a licence immediately before 1 September 2023, acknowledging feedback from the industry on the most recently updated eligibility requirements. The Witness Protection Amendment Act 2024 will be amended to enable both public and private bodies to be prescribed by regulations as an agency for the Witness Protection Act 1995. That ultimately reflects the original intent of the amendment Act, and I note that the Government's indication that further consultation will be undertaken prior to any agencies being prescribed by the regulations. As part of legislating these miscellaneous amendments, the bill will repeal the Security Industry Amendment (Private Investigators) Act 2016 and the Tattoo Parlours Amendment (Statutory Review) Act 2022.

I note that the Legislation Review Committee raised a few concerns. Specifically, section 11A (1) and (2) of the Scrap Metal Industry Act allow the commissioner to refuse, suspend or revoke the registration of a scrap metal business. The bill opens the possibility that the right to procedural fairness could be infringed due to there being no obligation to provide reasons for actions taken against dealers without their knowledge. However, in that case the committee has not provided a clear appeal or review pathway. This is—largely—a non‑contentious bill to improve administrative clarity and compliance. It seeks to achieve policy intentions by removing ambiguities in the law among the scrap metal, tattoo and security industries, and witness protection operations. On that basis, The Greens do not really oppose this bill.

The Hon. TARA MORIARTY (Minister for Agriculture, Minister for Regional New South Wales, and Minister for Western New South Wales) (20:05): In reply: I thank all members who contributed to debate.

The ASSISTANT PRESIDENT (The Hon. Peter Primrose): The question is that this bill be now read a second time.

Motion agreed to.

Third Reading

The Hon. TARA MORIARTY: I move:

That this bill be now read a third time.

Motion agreed to.

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