Australian Capital Territory Consolidated Acts

COURT PROCEDURES ACT 2004 - SECT 40

In this part:

"assistant sheriff" means a person who is appointed under the Supreme Court Act 1933 , section 53 (Sheriff's assistants).

"court" means—

        (a)     the Supreme Court; or

        (b)     the Magistrates Court; or

        (c)     the Childrens Court; or

        (d)     the Coroner's Court; or

        (e)     the ACAT; or

        (f)     a board of inquiry established under the Inquiries Act 1991 ; or

        (g)     a royal commission established under the Royal Commissions Act 1991 ; or

        (h)     a judicial commission established under the Judicial Commissions Act 1994 ; or

              (i)     a court prescribed by regulation; or

        (j)     any other tribunal or entity that is authorised to hear, receive and examine evidence and is prescribed by regulation.

"court premises" means the premises or place where a court is held or that is used in relation to the operations of a court, and includes—

        (a)     a forecourt, courtyard, yard or area used with court premises; and

        (b)     a part of premises or a place used as an entrance to or exit from court premises.

"deputy sheriff" means a person who is appointed as a deputy sheriff of the Territory under the Supreme Court Act 1933 , section 46 (Appointment).

"explosive"—see the Dangerous Substances Act 2004 , section 73.

"firearm"—see the Firearms Act 1996 , section 6.

"judge" means a judge, or the master, of the Supreme Court, and includes a person prescribed by regulation for this definition.

"magistrate" includes a person prescribed by regulation for this definition.

"offensive weapon" means—

        (a)     anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or

        (b)     anything intended for that use by the person who is carrying it or otherwise has it in the person's possession;

and includes an imitation or replica of an offensive weapon.

"screening search" means—

        (a)     for a search of a person—a search by equipment designed to conduct the search without touching the person; and

        (b)     for a search of a thing—a search by equipment designed to conduct the search without touching the thing or requiring it to be opened.

"security officer" means—

        (a)     a police officer; or

        (b)     a sheriff's officer; or

        (c)     a person who is appointed as a security officer under section 51.

"sheriff" means the person appointed as the sheriff of the Territory under the Supreme Court Act 1933 , section 46 (Appointment).

"sheriff's officer" means the sheriff, an assistant sheriff or a deputy sheriff.