A/HRC/33/43 63. The assumption that private military and security company contractors do not carry out inherently government functions relating to combat or direct participation in hostilities is further supported by the legislation, which notes that contractor personnel accompanying the United States armed forces or/and in a designated operational area or supporting a diplomatic or consular mission outside the United States, are civilians.83 At the same time, United States legislation also stipulates that contractors authorized to accompany the force, if captured during international armed conflict, are entitled to prisoner of war status.84 64. In Australia, it is usually prohibited, among other things, to employ security persons without a proper licence, to carry out a security activity without a proper licence, or if the licence has been suspended or revoked, to contravene any condition of a licence, to advertise security activities without being the holder of a licence, to abuse the authority conferred by the licence and to refuse to produce the licence to a police officer or any person with whom the licensee has dealings when carrying out security activity.85 65. In some cases, the research found references in the Australian legislation to the involvement of law enforcement personnel in private military and security company-related activities. For example, in the Australian Capital Territory, Commonwealth officers, such as members of the defence force and protective service officers, are not bound by the Security Industry Act.86 Also, in New South Wales, the provisions of the law do not apply to members of the “armed forces” of the Commonwealth, another state or a territory.87 66. In Papua New Guinea, it is prohibited for a person to operate or receive security services without a licence, employ a person without a permit or provide false or misleading information in an application for a licence or permit. 88 Further, if the holder is convicted of an offence punishable by a term of imprisonment of two years or longer and, as a result of the conviction, is sentenced to death or imprisonment, or if he/she is found guilty on a complaint for which the penalty of cancellation of a licence is recommended by the Board of Complaints, the licencing authority can cancel the licence.89 The relevant act includes no provisions on the participation of law enforcement agents in the activities of private security companies. 67. In Nauru, it is a criminal offence under the law to conduct a security activity without a security licence, to operate a security firm and employ persons who do not hold a security licence, to fail to comply with a condition of a security licence, to fail to produce a licence when asked to do so by a police officer, and to fail to inform the licensing authority of any change of detail in the licence or application.90 Further, a public officer cannot carry out the duties of a security officer, bodyguard or crowd controller or perform security firm-related activities.91 83 84 85 86 87 88 89 90 91 Code of Federal Regulations, title 48, chapter 2, section 252.225-7040 (2011 edition), Contractor personnel authorized to accompany United States armed forces deployed outside the United States, section (b) (3) and Federal Acquisition Regulation 52.225-19, Contractor personnel in a designated operational area or supporting a diplomatic or consular mission outside the United States, section (b) (iii). Department of Defense Instruction No. 3020.41, enclosure 2, section (1) (a) (1. Pursuant to section 10 of the Australian Capital Territory Security Industry Act 2003 and section 29B of the New South Wales Security Industry Act 1997. Security Industry Regulation 2003, Part 2 of section 6. Security Industry Act, section 6 (2). Security (Protection) Industry Act 2004, sections 50, 51 and 52. Ibid., section 46. Private Security Act 2012, sections 24-29. Ibid., section 5. 15