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Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

Chapter 2 : Private Security Industry Regulatory Authority

4. Functions of Authority

 

The Authority must take steps to achieve its objects with the means at its disposal and may, subject to this Act and any other law, for the purpose of achieving its objects—

(a) exercise such powers and perform such duties as may be given or assigned to the Authority in terms of this Act or any other law;
(b) enquire into and report to the Minister on any matter concerning the objects of the Authority;
(c) advise the Minister on any matter deemed by the Authority to be necessary or expedient to be considered by the Minister in connection with the provisions of this Act or the Levies Act, or the application thereof, and on any other matter relating to security services which has been referred by the Minister to the Authority for the advice and recommendations of the Authority;
(d) conduct an ongoing study and investigation of the rendering of security services and practices of security service providers in order to identify shortcomings in this Act and the Levies Act, or any policy or rule made in terms thereof, and to deal with any evasion, abuse or violation of the procedures or principles contained in this Act or the Levies Act, or any policy or rule made in terms thereof;
(e) institute legal proceedings and defend or oppose any legal proceedings against the Authority;
(f) receive and consider applications for registration and renewal of registration as security service provider and grant or renew registration to applicants who comply with the requirements for such registration or renewal of registration in terms of this Act;
(g) suspend or withdraw the registration status of a security service provider in terms of this Act;
(h) take such steps as may be necessary to develop and maintain standards and regulate practices in connection with the occupation of security service provider, and persons pursuing or intending to pursue such occupation;
(i) gather information relevant to the occupation of security service provider in connection with persons who are security service providers or who are applying for registration as such;
(j) take steps to protect and assist security officers and other employees against or in regard to acts, practices and consequences of exploitation or abuse;
(k) take such steps as may be expedient or necessary in connection with the training of security service providers and prospective security service providers to ensure a high quality of training and in particular with regard to—
(i) the accreditation and withdrawal of the accreditation of persons and institutions providing security training;
(ii) the monitoring and auditing of the quality of training functions performed by accredited persons;
(iii) the participation in the activities of other bodies or persons entitled by law to set standards in respect of training of security service providers or bodies entitled to formulate, implement or monitor skills development plans for the private security industry;
(iv) the appointment of persons to monitor and assess achievements or outcomes in respect of standards applicable to training;
(v) the determination and accreditation of qualifications required by security service providers to perform particular types of security services; and
(vi) the taking of reasonable steps to verify the authenticity of training certificates presented by persons for the purposes of this Act;
(l) cause its work to be performed by persons employed or appointed by it in terms of this Act;
(m) develop and maintain a computerised data base with information required for the proper performance of its functions;
(n) establish and manage branch offices;
(o) provide or disseminate information promoting and encouraging compliance with this Act, the Levies Act and the code of conduct, by security service providers;
(p) provide information to the users, prospective users or representatives of users of security services regarding the compliance of security service providers with the provisions of this Act and the Levies Act;
(q) establish a guarantee fund for the private security industry which is managed in the prescribed manner;
(r) in the prescribed manner establish a complaints office to receive, process, refer or deal with complaints regarding the quality of service rendered by security service providers;
(s) furnish information required by any department or any organ of State for the purposes of its official functions;
(t) receive, expend and generally administer funds;
(u) open accounts with any banking or other financial institution approved by the Treasury;
(v) invest money with financial institutions registered in terms of any law;
(w) determine, charge and collect fees as provided for in this Act or in respect of any service rendered by the Authority or any object made available by the Authority;
(x) acquire or hire movable or immovable property, or hypothecate, let, sell or otherwise dispose of movable or immovable property of the Authority;
(y) accept donations with the approval of the Minister;

(z)        raise finance from other sources in the course of normal business;

(aa) manage and safeguard its assets;
(bb) determine minimum internal control systems for security businesses, including but not limited to, accounting and reporting procedures and any other procedures or systems;
(cc) become a member of an association or organisation which seeks to promote any matter in which the Authority has an interest;
(dd) establish relations with or enter into co-operation agreements with bodies or offices regulating the private security industry in other countries, or bodies representing such regulators;
(ee) conduct, or cause to be conducted, hearings, investigations and inquiries with regard to any matter falling within the scope of its functions;
(ff) enter into contracts including insurance agreements;
(gg) enter into agreements with or obtain the assistance of any department or organ of State to conduct or assist it in conducting any investigation or performing any other function in terms of this Act or the Levies Act;
(hh) co-operate with any person or body in the performance of an act which the Authority by law is permitted to perform; and
(ii) generally perform any act that contributes to the attainment of its objects.