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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Court Security Amendment Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Court Security Act 2005 No 1 3
Schedule 2 Amendment of Court Security Regulation 2005 6
b2011-047-06.d09
New South Wales
Court Security Amendment Bill 2011
No , 2011
A Bill for
An Act to amend the Court Security Act 2005 to make further provision with respect
to the powers of security officers for courts; and for other purposes.
Clause 1 Court Security Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Court Security Amendment Act 2011. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Court Security Amendment Bill 2011
Amendment of Court Security Act 2005 No 1 Schedule 1
Schedule 1 Amendment of Court Security Act 2005 1
No 1 2
[1] Section 4 Definitions 3
Insert at the end of paragraph (c) of the definition of court premises in 4
section 4 (1): 5
, and 6
(d) any part of premises or a place used in relation to the 7
operations of a court, or referred to in the preceding 8
paragraphs, that is also used for other purposes. 9
[2] Section 7 Judicial officer may close court premises for security reasons 10
Insert after section 7 (1): 11
(1A) An order of a judicial officer under this section may have effect 12
for no more than 28 days. However, nothing prevents the judicial 13
officer from renewing the order for a further period not greater 14
than 28 days if the judicial officer considers that the 15
circumstances warrant it. 16
(1B) An order may be renewed more than once. 17
[3] Section 7A 18
Insert after section 7: 19
7A Animals in court premises 20
(1) A security officer may refuse a person entry to court premises, or 21
may require a person in court premises to leave the premises, if 22
the person is in possession of an animal. 23
(2) If a security officer requires a person to leave court premises in 24
accordance with this section, the person must immediately leave 25
the premises. 26
Maximum penalty: 5 penalty units. 27
(3) This section does not apply to or in respect of the following: 28
(a) an assistance animal (within the meaning of the Disability 29
Discrimination Act 1992 of the Commonwealth) that is 30
being used by a person with a disability (within the 31
meaning of that Act), 32
(b) an animal that is taken into court premises with the 33
authority of a judicial officer, police officer or security 34
officer. 35
Page 3
Court Security Amendment Bill 2011
Schedule 1 Amendment of Court Security Act 2005 No 1
[4] Section 10 Power to search persons and vehicles 1
Insert "or may be required to be deposited with the officer under 2
section 11 (1)" after "offensive implement" in section 10 (1) (e). 3
[5] Section 11 Power to require property and other things to be surrendered 4
for safekeeping 5
Insert after section 11 (1) (b): 6
(c) any alcohol, or bottle or other container in which alcohol 7
is contained, that is in the person's possession or control 8
unless the person is taking it into court premises with the 9
authority of a judicial officer or the registrar of the relevant 10
court. 11
[6] Section 14 Power to give directions 12
Insert after section 14 (2): 13
(2A) Without limiting subsection (1), a security officer may give either 14
or both of the following directions to a person who is entering or 15
in court premises: 16
(a) a direction to remove a helmet that is being worn by the 17
person, 18
(b) a direction to not wear a helmet while in court premises. 19
(2B) A security officer may give a direction under subsection (2A) 20
only if the helmet concerned is obscuring the face of the person 21
wearing it or would obscure the face of a person wearing it. 22
[7] Section 14 (3) 23
Omit "has complied with section 20 in giving a direction to a person". 24
Insert instead "has complied with this section and section 20 in giving a 25
direction to a person under this section". 26
[8] Section 14 (7) 27
Omit "subsection (1)". Insert instead "this section". 28
[9] Section 16 Powers of arrest 29
Insert at the end of section 16 (1) (b): 30
, or 31
(c) the person is assaulting another person in the premises or 32
has just assaulted another person in the premises. 33
Page 4
Court Security Amendment Bill 2011
Amendment of Court Security Act 2005 No 1 Schedule 1
[10] Section 16 (4A) 1
Insert after section 16 (4): 2
(4A) A security officer may discontinue an arrest at any time if the 3
arrested person is no longer a suspect or the reason for the arrest 4
no longer exists or for any other reason. 5
[11] Section 16 (5) 6
Insert in alphabetical order: 7
assault a person means commit an act of violence against a 8
person that constitutes an offence under Part 3 of the Crimes Act 9
1900. 10
[12] Schedule 1 Savings, transitional and other provisions 11
Insert at the end of clause 1 (1): 12
Court Security Amendment Act 2011 13
[13] Schedule 1, Part 2 14
Insert after Part 1: 15
Part 2 Provision consequent on the enactment of 16
the Court Security Amendment Act 2011 17
2 Orders to exclude persons from court premises 18
Section 7 (1A) (as inserted by the Court Security Amendment Act 19
2011) applies only to orders made under that section after the 20
commencement of that subsection. 21
Page 5
Court Security Amendment Bill 2011
Schedule 2 Amendment of Court Security Regulation 2005
Schedule 2 Amendment of Court Security 1
Regulation 2005 2
Schedule 2 Penalty notice offences 3
Insert in appropriate order of provisions in Columns 1 and 2, respectively: 4
5
Section 7A (2) 110
Page 6
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