Security Auth Enforcement
Investigations by Authority.
The Authority may of its own motion investigate any security services being provided by any person. For the purposes of such an investigation the Authority—
- may by notice in writing require any person who in its opinion is in possession of information, or has any record or thing in the person’s possession or under the person’s control, that is relevant to the investigation to supply that information, record or thing to the Authority within a period specified in the notice, and
- where appropriate, may require the person to attend before it for those purposes within that period.
The person shall be entitled to the same immunities and privileges in relation to compliance with any requirement as if the person were a witness before a court. If the person does not comply or comply fully with the requirement within the specified period, the Authority may apply to the District Court, on notice to the person, for an order requiring the person to comply or comply fully with the requirement within a period to be specified by the Court.
If it appears to the Court, on application by the Authority, that the person has failed, without reasonable excuse (proof of which shall lie on the person), to comply or comply fully with the order, the Court may treat the failure for all purposes as if it were a contempt in the face of the Court.
The jurisdiction conferred on the District Court by this section may be exercised by the judge of that Court for the time being assigned to the district court district in which the person concerned ordinarily resides or carries on any profession, business or occupation.
Inspectors
For the purposes of the Act the Authority may appoint a person (including a member of the staff of the Authority) to be an inspector for such period and subject to such terms and conditions as the Authority may determine. Each inspector shall be given a warrant of his or her appointment and, when exercising any power conferred by this Act, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification.The Authority may designate a member of its staff, who has been appointed as an inspector to be Chief Inspector.
Power of entry and inspection.
An inspector may, for the purposes of obtaining any information in relation to a matter under investigation by the Authority or of otherwise enabling the Authority to exercise its functions under this Act—
- at all reasonable times enter, inspect, examine and search any place where the inspector has reasonable cause to believe that a security service is being provided,
- make such examination and inquiry as may be necessary to establish whether the relevant provisions of the Act or regulations thereunder are being complied with,
- require the production of any records, books or accounts (whether kept in manual form or otherwise) or any other documents or information which it is necessary for the inspector to see for those purposes and inspect, examine and copy them or require that a copy of them or of any entries in them be provided to him or her,
- take with him or her a member of the Garda SÃochána if he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty,
- require any person to afford him or her such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on him or her under paragraphs (a), (b) or (c).
An inspector shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant authorising the entry.
A person who—
- withholds, destroys, conceals or refuses to furnish any information or thing required for the purposes of an investigation by the Authority,
- fails or refuses to comply with any requirement of an inspector under this section, or
- otherwise obstructs or hinders him or her in the performance of duties under this Act,
is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.
Reports to Minister.
The Authority shall, not later than 30 September in each year, make a report to the Minister on the performance of its functions and on its activities during the preceding year. The Minister shall cause copies of the report to be laid before each House of the Oireachtas.
The Authority may from time to time make such other reports to the Minister on the performance of its functions as it thinks fit. The Authority shall give to the Minister such other information regarding such performance as he or she may from time to time require.
Provision of information by Garda SÃochána.
The Authority may request the Commissioner of the Garda SÃochána to provide any information requisite for the due performance of its functions in relation to any applicant for a licence or any licensee. Notwithstanding anything contained in any enactment, the Commissioner shall comply with any such request.
Production of ID
The identity card provisions apply n relation to possessing a licence or producing it display of licence. for inspection as it does in relation to possessing or so producing an identity card, with the modification that, where the licensee is a company, it shall be sufficient compliance if the licence—
- is kept in the company’s registered office,
- is displayed in a conspicuous place there, and
- is available for inspection on request by a member of the Garda SÃochána, an inspector or any person for whom the licensee is providing a security service,
and with any other necessary modifications.
Notification of conviction of offence
An applicant for a licence, or a licensee, who has been convicted of an offence (other than a prescribed offence), or against whom proceedings for such an offence are pending, under the law of the State or another state shall notify the Authority of the conviction or proceedings in the prescribed manner within the prescribed period and supply the Authority with the prescribed particulars thereof.
A licensee shall, within the prescribed period, report to the Authority such other matter as may be prescribed. A person who contravenes these requirements  is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.
A person shall not be convicted of an offence under this section if the court is satisfied that, in the case of an applicant or a licensee who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.
Prohibition of unlicensed security service.
A person shall not provide a security service insofar as the Act has come into operation as respects the security service concerned and shall not hold himself or herself out or represent himself or herself by—
- advertisement,
- displaying any shield, card or other object purporting to indicate that he or she is a licensee, or
- otherwise,
as available to provide such a service unless the individual is the holder of a licence under the Act authorising him or her to provide that particular service.
This applies, with the necessary modifications, in relation to a body corporate and an unincorporated body of persons as it applies in relation to an individual.
A person who contravenes this provision  is guilty of an offence and liable—
- on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or
- on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
Prohibition of employment of unlicensed person.
A person shall not employ a person, or engage an independent contractor, to provide a security service if that person or the contractor is required to, but does not, hold a licence to provide the service.
A person who contravenes this requirement  is liable—
- on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or
- on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
In any proceedings for a contravention it is a defence to prove that the person providing the security service produced to the defendant—
- if the person is an individual, his or her identity card or licence, or
- if not, the person’s licence.
Investigation of complaints
Any person may make a complaint in writing to the Authority against a licensee in relation to the conduct of the licensee in the course of providing a security service, including an alleged contravention by the licensee of any provision of the Act or regulations made thereunder.
On receipt of such a complaint, the Authority, if satisfied that the complaint is made in good faith and is not frivolous or vexatious, shall investigate it, giving the licensee and the complainant an opportunity to be heard during the investigation.
On completion of the investigation—
- the Authority may decide not to uphold the complaint;
- if the Authority is satisfied on reasonable grounds that the licensee— has been guilty of misconduct in the course of providing a security service, or                       has contravened any provision of the Act or regulations thereunder (whether or not the licensee has been convicted of an offence in relation to the contravention),
it may take whichever of the following actions in relation to the licence or licensee is in its opinion appropriate in the circumstances of the case:
- revocation of the licence,
- suspension of the licence for a specified period,
- reprimand,
- warning,
- caution,
- advice,
and shall notify the complainant and licensee of its decision;
If the Authority is satisfied on reasonable grounds that the safety or welfare of any person or persons is or may be at risk from the continuance in force of the licence, it shall revoke the licence or suspend it for a specified period and notify the complainant and licensee of its decision. For the purposes of investigating a complaint, an inspector may enter the premises of a person providing a security service and inspect the books, documents and records of the person.
Offences
Any person who—
- makes any false or misleading statement in any application or notice of appeal under the Act or in any document required thereunder or otherwise gives false or misleading information to the Authority or Appeal Board,
- being a licensee who has been notified of the suspension or revocation of the licence, produces the licence or identity card to any other person with a view to providing a security service for that person,
- being a licensee, fails or refuses to keep any prescribed records or to furnish to the Authority any prescribed information or 4returns, or(d) falsely represents himself or herself to be an inspector,
is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.
Where—
- an offence under the Act is committed by a body corporate, and
- the offence is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who was either—
- a director, manager, secretary or other similar officer of the body corporate, or
- a person purporting to act in any such capacity,
that person is also guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Where the affairs of a body corporate are managed by its members, shall apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if he or she were a director or manager of the body corporate.
The Authority may bring and prosecute summary proceedings for an offence under this Act.
Where a person is convicted of an offence under this Act, prosecuted by the Authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority the costs and expenses, measured by the court, incurred by the Authority in relation to the investigation, detection and prosecution of the offence.