Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 13D

(1)

Subject to any limitations and restrictions provided by the regulations, if an authorised officer in relation to a court believes on reasonable grounds that it is necessary in the interests of security to do so, the officer may:

(a)

require a person who is on the court premises to submit to either or both of the following:

(i)

a screening search and/or a frisk search of the person;

(ii)

a search of any of the person's personal effects that are reasonably capable of concealing a firearm, explosive substance or offensive weapon;

for the purposes of finding out whether a firearm, explosive substance or offensive weapon is hidden in the person's clothing or personal effects; and

(b)

require a person who is on the court premises to deposit with the authorised officer any personal effects that are reasonably capable of:

(i)

concealing a firearm, explosive substance or offensive weapon; or

(ii)

being used to cause injury to, or incapacitate, a person.

(2)

A person of whom a requirement is made under subsection (1) must not refuse or fail to comply with the requirement.

Penalty: 20 penalty units.

(2A)

Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

(3)

If, in the course of a search under paragraph (1)(a), a firearm, explosive substance or offensive weapon is found, an authorised officer in relation to the court:

(a)

may take possession of the firearm, substance or weapon; and

(b)

may retain it for any period that he or she thinks necessary for the purposes of this Part.

(4)

This section does not authorise anyone conducting a frisk search of a person to remove, or to require the person to remove, any of the person's clothing.

(5)

A frisk search of a person under this section is to be conducted by:

(a)

an authorised officer of the same sex as the person; or

(b)

if an authorised officer of the same sex as the person is not available to conduct the search—any other person who is of the same sex and:

(i)

is requested by an authorised officer; and

(ii)

agrees;

to conduct the search.

(6)

An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (7).

(7)

An authorised officer or other person who conducts a search under this section must not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.