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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Court Security Bill 2005
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Operation of Act and effect on other powers 5
Part 2 Entry and use of court premises
6 Right to enter and remain in open areas of court premises 6
7 Judicial officer may close court premises for security
reasons 6
8 Possession of restricted items in court premises 7
9 Use of recording devices in court premises 8
Court Security Bill 2005
Contents
Page
Part 3 Court security powers
Division 1 Search and seizure
10 Power to search persons and vehicles 9
11 Power to require property and other things to be
surrendered for safekeeping 11
12 Power to confiscate restricted items and other things 11
Division 2 Identification of persons
13 Power to ask for identification particulars 13
Division 3 Directions to persons
14 Power to give reasonable directions 14
Division 4 Security signs and notices
15 Power to erect security signs and notices in court
premises 16
Part 4 Powers of arrest and use of force
16 Powers of arrest 17
17 Use of force generally by security officers 18
Part 5 Limitations and safeguards on exercise of certain
powers
18 Powers to which this Part applies 19
19 Limitations on exercise of relevant powers 19
20 Safeguards concerning exercise of relevant powers 20
Part 6 Security officers
21 Security officers 21
22 Security officer to carry identification 21
23 Delegation of Sheriff's functions not permitted 21
Part 7 Miscellaneous
24 Obstruction and impersonation of security officer 22
25 Exclusion of liability 22
26 Service of documents 22
27 Onus of proof concerning reasonable excuse 23
28 Nature of proceedings for offences 23
29 Penalty notices 23
30 Regulations 24
31 Savings, transitional and other provisions 24
Contents page 2
Court Security Bill 2005
Contents
Page
32 Amendment of Fines Act 1996 No 99 24
33 Review of Act 24
Schedule 1 Savings, transitional and other provisions 25
Contents page 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Court Security Bill 2005
Act No , 2005
An Act to make provision with respect to the security of courts and tribunals; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Court Security Bill 2005
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Court Security Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
The objects of this Act are:
(a) to provide for the secure and orderly operation of courts, and
(b) to confer certain functions on judicial officers and security
officers for that purpose.
4 Definitions
(1) In this Act:
audio link means facilities (including telephone) that enable audio
communication between persons at different places.
audio visual link means facilities (including closed-circuit television)
that enable audio and visual communication between persons at
different places.
correctional centre means a correctional centre within the meaning of
the Crimes (Administration of Sentences) Act 1999, and includes a
correctional complex within the meaning of that Act.
correctional officer means a correctional officer within the meaning of
the Crimes (Administration of Sentences) Act 1999.
court means any of the following:
(a) the Supreme Court,
(b) the Industrial Relations Commission,
(c) the Land and Environment Court,
(d) the District Court,
(e) the Drug Court,
(f) the Children's Court,
(g) a Local Court (including a Local Court constituted by an
Industrial Magistrate),
(h) the Dust Diseases Tribunal,
(i) a Warden's Court,
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Court Security Bill 2005 Clause 4
Preliminary Part 1
(j) the Licensing Court,
(k) a person who exercises or performs the functions of a coroner
under the Coroners Act 1980,
(l) the Administrative Decisions Tribunal,
(m) the Parole Board,
(n) any other tribunal, body or person prescribed by the regulations
that is authorised by law to conduct proceedings for the purpose
of the determination of any matter or thing.
court premises, in relation to a court, means the premises or place where
a court is held or that is used in relation to the operations of a court, and
(without limitation) includes:
(a) a forecourt, courtyard, yard, parking area, toilet facility, hall,
corridor or other area used in conjunction with the premises or
place, and
(b) a part of premises or a place used as an entrance to or exit from
the premises or place where the court is held or that is used in
relation to the operations of the court, and
(c) a part of premises or a place being used to enable a person to
appear before the court by means of an audio link or audio visual
link.
court security power means a power conferred on a security officer by
Part 3.
custodial officer for a person means any of the following:
(a) a police officer who has lawful custody of the person for the time
being,
(b) a correctional officer or other officer of the Department of
Corrective Services who has lawful custody of the person for the
time being,
(c) an officer of the Department of Juvenile Justice who has lawful
custody of the person for the time being.
exercise a function includes perform a duty.
fail to comply includes refuse to comply.
function includes a power, authority or duty.
journalist means a person engaged in the profession or practice of
reporting, photographing, editing or recording for a media report of a
news, current affairs, information or documentary character.
judicial officer means:
(a) a judicial officer within the meaning of the Judicial Officers Act
1986, or
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Clause 4 Court Security Bill 2005
Part 1 Preliminary
(b) any other person who is, or who alone or with others constitutes,
a court.
media report means an article, program or other report for publication
in or broadcast on any of the following:
(a) a newspaper, magazine, journal or other periodical,
(b) a radio or television broadcasting service,
(c) an electronic service (including a service provided by the
Internet) that is similar to a newspaper, magazine, radio broadcast
or television broadcast.
mobile phone includes any device that may be used, in whole or in part,
for the purpose of sending or receiving voice or other data over a mobile
telephone network, whether or not it may be used for any other purpose.
offensive implement means any thing (other than a restricted item):
(a) made or adapted for use for causing injury to a person, or
(b) intended, by the person having custody of the thing, to be used to
injure or menace a person or damage property.
personal search means a search (other than a scanner search) of a
person or of things in the person's possession or control that may
include any of the following:
(a) an examination of any thing worn or carried by the person that is
conveniently and voluntarily removed by the person,
(b) a search of a person conducted by quickly running the hands over
the person's outer clothing,
(c) requiring the person to remove only his or her overcoat, coat or
jacket or similar article of clothing and any gloves, shoes and hat
and conducting an examination of those things.
recording device means any device that is capable of being used to
record images or sound (or both), including any of the following
devices:
(a) a camera (including a video camera),
(b) a mobile phone that is capable of recording images or sound (or
both),
(c) a tape recorder or digital audio recorder.
restricted item means any of the following:
(a) any prohibited weapon within the meaning of the Weapons
Prohibition Act 1998,
(b) any firearm within the meaning of the Firearms Act 1996,
(c) any knife (whether or not a prohibited weapon within the
meaning of the Weapons Prohibition Act 1998).
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Court Security Bill 2005 Clause 5
Preliminary Part 1
scanner search means a search of a person or of things in the person's
possession or control that involves:
(a) passing an electronic scanning or screening device over or in
close proximity to the person's outer clothing, or
(b) requiring the person to pass through, or provide a thing for
passage through, an electronic scanning or screening device.
security officer means:
(a) the Sheriff, or
(b) a person appointed by the Sheriff under section 21.
(2) Notes included in this Act do not form part of this Act.
5 Operation of Act and effect on other powers
(1) The powers conferred by this Act are in addition to, and not in
derogation of, any other power of a court, judicial officer or other
person in relation to the conduct of proceedings in a court or regulating
the conduct of persons in court premises.
(2) Without limiting subsection (1), this Act does not affect:
(a) any power of a court relating to contempt of the court or any other
similar power, or
(b) any power of a correctional officer under the Crimes
(Administration of Sentences) Act 1999 or any other law with
respect to a person in the officer's custody in a court cell complex
or other place in court premises.
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Clause 6 Court Security Bill 2005
Part 2 Entry and use of court premises
Part 2 Entry and use of court premises
6 Right to enter and remain in open areas of court premises
(1) A person has a right to enter and remain in an area of court premises that
is open to the public if:
(a) the person has complied with all relevant orders made by a
judicial officer (whether under this Act or another law) in respect
of the person, and
(b) the person has complied with all directions or requirements made
by a security officer under this Act in respect of the person.
(2) Without limiting subsection (1), a journalist has a right to enter and
remain in an area of court premises open to the public that is located
outside of a building in which the court is housed or is sitting for the
purpose of making a media report if the journalist is not obstructing or
otherwise impeding access to the building.
(3) This section has effect subject to the following:
(a) the provisions of this Act,
(b) any inherent or implied jurisdiction of a court to regulate its
proceedings,
(c) any other Act or law about persons who may be present in a court
or court premises.
(4) Nothing in this section confers a right on any person to enter or remain
in a correctional centre for the purpose of seeing another person appear
before a court by means of an audio link or audio visual link.
7 Judicial officer may close court premises for security reasons
(1) If a judicial officer considers it necessary for securing order and safety
in court premises or a part of court premises, the judicial officer may:
(a) order members of the public generally, or specified members of
the public, to leave the court premises or a part of the court
premises, or
(b) order members of the public generally, or specified members of
the public, not to be admitted to the court premises or a part of the
court premises.
(2) A person must not contravene an order of a judicial officer under this
section.
Maximum penalty: 50 penalty units.
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Court Security Bill 2005 Clause 8
Entry and use of court premises Part 2
8 Possession of restricted items in court premises
(1) A person must not, without reasonable excuse, be in possession of a
restricted item while in court premises.
Maximum penalty:
(a) in the case of a restricted item that is a prohibited weapon within
the meaning of the Weapons Prohibition Act 1998 or a firearm
within the meaning of the Firearms Act 1996--100 penalty units
or imprisonment for 2 years (or both), or
(b) in the case of a knife that is not a prohibited weapon within the
meaning of the Weapons Prohibition Act 1998:
(i) if the person has not previously been convicted of an
offence (whether under this Act or any other law)
involving the possession or use of a knife--5 penalty units,
or
(ii) if the person has previously been convicted of only one
offence (whether under this Act or any other law)
involving the possession or use of a knife--10 penalty
units or imprisonment for 12 months (or both), or
(iii) if the person has previously been convicted of more than
one offence (whether under this Act or any other law)
involving the possession or use of a knife--20 penalty
units or imprisonment for 2 years (or both).
(2) Subsection (1) does not apply with respect to any of the following:
(a) the possession of any restricted item that is (or is to be) an exhibit
in proceedings before a court in court premises if:
(i) the item is in the possession of a person who is involved in
the conduct of, or appearing in, the proceedings, and
(ii) the item is enclosed in a bag or other container of a kind
prescribed by the regulations,
(b) the possession of any restricted item that a judicial officer has
directed should be allowed to be brought into court premises,
(c) the possession by a security officer of any restricted item that has
been taken into possession or confiscated under this Act,
(d) the possession by a police officer or custodial officer of any
restricted item in the exercise of the officer's functions under any
Act or law,
(e) the possession of such restricted items in such other kinds of
circumstances as may be prescribed by the regulations.
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Clause 9 Court Security Bill 2005
Part 2 Entry and use of court premises
9 Use of recording devices in court premises
(1) A person must not use a recording device to record sound or images (or
both) in court premises.
Maximum penalty: 200 penalty units or imprisonment for 12 months (or
both).
Note. This subsection only prohibits the use of a recording device to record
sound or images (or both) and not any other use of the device. For example, this
subsection would not prohibit a person from using a mobile phone with
recording capabilities to make a telephone call, but would prohibit the use of the
phone to record court proceedings.
(2) Subsection (1) does not apply with respect to any of the following:
(a) the use of a recording device that has been expressly permitted by
a judicial officer,
(b) the use by a lawyer of a recording device to record the lawyer's
own voice in a part of court premises other than a room where a
court is sitting,
(c) the use of a recording device by a person for the purpose of
transcribing court proceedings for the court,
(d) the use of a recording device by a journalist while exercising a
right referred to in section 6 (2),
(e) the use of such recording devices in such other kinds of
circumstances as may be prescribed by the regulations.
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Court Security Bill 2005 Clause 10
Court security powers Part 3
Part 3 Court security powers
Note. The exercise of certain powers conferred on security officers by this Part are subject to
the provisions of Part 5. Section 19 limits the circumstances in which these powers (other than
the power conferred by section 15) may be exercised. Section 20 also makes provision for
certain safeguards that security officers are to observe when exercising these powers (other
than the powers conferred by sections 10 and 11).
Division 1 Search and seizure
10 Power to search persons and vehicles
(1) A security officer may require a person who is entering or in court
premises to do any or all of the following:
(a) submit to a scanner search of the person (but not if the officer
believes that a scanner search would pose a risk to the health of
the person) or to provide a thing in the person's possession or
control to the security officer for a scanner search,
(b) submit to a personal search of the person if the officer believes on
reasonable grounds that the person possesses a restricted item or
offensive implement,
(c) stop any vehicle in the person's possession or control that is about
to be driven, or that has been driven, into the court premises,
(d) allow a vehicle in the person's possession or control to be
searched if the officer believes on reasonable grounds that the
person possesses or the vehicle contains a restricted item or
offensive implement,
(e) produce for inspection any thing that the security officer has
detected or seen on or with the person that the security officer
believes on reasonable grounds is a restricted item or offensive
implement,
(f) answer any question that is reasonable in the circumstances
concerning the nature of a thing that is being inspected or that has
been detected during a search under this section.
(2) A search of a person conducted under this section must, as far as is
reasonably practicable in the circumstances, comply with the following
requirements:
(a) the security officer must inform the person to be searched of the
following matters:
(i) whether the person will be required to remove clothing
during the search,
(ii) why it is necessary to remove the clothing,
(b) the security officer must ask for the person's co-operation,
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Clause 10 Court Security Bill 2005
Part 3 Court security powers
(c) a personal search must be conducted:
(i) in a way that provides reasonable privacy for the person
searched, and
(ii) as quickly as is reasonably practicable,
(d) the security officer must conduct the least invasive kind of search
practicable in the circumstances,
(e) a personal search of a child under 12 years of age may only be
conducted if a responsible person for the child is present during
the search,
(f) a personal search of a person (other than a child under 12 years
of age) must be conducted by a security officer of the same sex
as the person or, if a security officer of that sex is unavailable, by
another person of that sex at the direction of a security officer,
(g) a personal search of a child under 12 years of age must be
conducted by a female security officer or, if a female security
officer is unavailable, by another female person at the direction
of a security officer.
(3) If a security officer makes a requirement of a person under subsection
(1) and the person fails immediately to comply with that requirement or
to leave the court premises, the security officer may again make the
requirement and, in that case, must:
(a) warn the person that a failure immediately to comply with the
requirement or leave the court premises may be an offence, and
(b) provide the person with the information referred to in section 20
(2) (a)(c).
(4) If a security officer makes a requirement of a person in accordance with
subsection (3), the person must immediately:
(a) comply with the requirement, or
(b) leave the court premises.
Maximum penalty (subsection (4)): 5 penalty units.
(5) In this section:
responsible person for a child means a person (other than a security
officer) aged 16 years or more who:
(a) is a parent (including a step-parent), grandparent or sibling
(including a half-sibling) of the child, or
(b) is a guardian of the child, or
(c) has custody of the child for the time being, or
(d) is accompanying the child as the child's legal representative,
friend, carer or support person, or
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Court Security Bill 2005 Clause 11
Court security powers Part 3
(e) is a person, or person belonging to a class of persons, prescribed
by the regulations.
11 Power to require property and other things to be surrendered for
safekeeping
(1) A security officer may require a person who is entering or in court
premises to deposit with the officer while the person remains in the
premises any or all of the following:
(a) any thing in the person's possession or control that the security
officer believes on reasonable grounds is a restricted item or
offensive implement,
(b) any thing in the person's possession or control that is reasonably
capable of concealing a thing of the kind referred to in paragraph
(a).
(2) If a security officer makes a requirement of a person under subsection
(1) and the person fails immediately to comply with that requirement or
to leave the court premises, the security officer may again make the
requirement and, in that case, must:
(a) warn the person that a failure immediately to comply with the
requirement or leave the court premises may be an offence, and
(b) provide the person with the information referred to in section 20
(2) (a)(c).
(3) If a security officer makes a requirement of a person in accordance with
subsection (2), the person must immediately:
(a) comply with the requirement, or
(b) leave the court premises.
Maximum penalty (subsection (3)): 5 penalty units.
(4) Subject to section 12, if a person deposits a thing with a security officer
under subsection (1), the security officer must ensure that the thing is
returned to the person if:
(a) the person requests the return of the thing, and
(b) the security officer is satisfied, on reasonable grounds, that the
person is about to leave the court premises.
12 Power to confiscate restricted items and other things
(1) Power to take into possession and confiscate certain things
A security officer may in any court premises:
(a) take possession of any thing that the security officer has
reasonable grounds to believe is:
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Clause 12 Court Security Bill 2005
Part 3 Court security powers
(i) a restricted item, or
(ii) an offensive implement, or
(iii) a recording device that has been used in contravention of
section 9, or
(iv) any film, tape or other recording medium in a recording
device used in contravention of section 9, and
(b) confiscate the thing.
(2) Confiscated thing to be returned or handed to police
A security officer who confiscates a thing under this section (the
confiscated thing) must:
(a) if the officer is satisfied after examining the thing that its
retention as evidence is not required and that it is lawful for the
person to have possession of the thing--return the thing to the
person from whom it was confiscated, or
(b) if the officer is not so satisfied--give the thing (or cause the thing
to be given) to the Local Area Commander of Police for the area
in which the court premises are located as soon as is reasonably
practicable after its confiscation.
(3) The Local Area Commander of Police to whom a confiscated thing is
given must return the thing to the person from whom it was confiscated
or to its owner if satisfied after examining the thing that its retention as
evidence is not required and that it is lawful for the person to have
possession of the thing.
(4) Applications for return of confiscated things
The person from whom a thing is confiscated under this section or its
owner may, within the period of 28 days after it is confiscated (the
initial confiscation period), apply to the Local Area Commander of
Police for its return.
(5) An application for the return of the confiscated thing must be in writing
and state why the thing should in all the circumstances be returned.
(6) If the person seeking the return of the confiscated thing is under the age
of 18 years, the application for its return may be made only by a parent
or guardian of the person, or a person who has lawful care or custody of
the person, on his or her behalf.
(7) Appeals to Local Court against refusals to return confiscated things
If the Local Area Commander of Police fails or refuses to return a
confiscated thing at the expiration of the initial confiscation period to a
person who has made an application for its return under this section, the
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Court Security Bill 2005 Clause 13
Court security powers Part 3
person may appeal against the failure or refusal to a Local Court within
28 days of the expiration of the initial confiscation period.
(8) On hearing such an appeal, a Local Court may order that the confiscated
thing:
(a) be forfeited to the Crown, or
(b) be returned to the applicant or some other appropriate person.
(9) Without limiting subsection (8), the Local Court may, if the confiscated
thing is a recording device, limit any order for forfeiture to the film, tape
or other recording medium used in the device.
(10) Forfeiture of confiscated things
A confiscated thing is forfeited to the Crown:
(a) if an application for the return of the thing is not made within the
initial confiscation period--at the expiration of that period, or
(b) in a case where such an application is made within the initial
confiscation period and the thing is not returned within that
period:
(i) if an appeal under this section is not made within 28 days
after the expiration of the initial confiscation period--at
the expiration of that period, or
(ii) if an appeal under this section is made within 28 days after
the expiration of the initial confiscation period--when an
order made under subsection (8) (a) in respect of the thing
takes effect.
(11) The Local Area Commander of Police (or such other person as the
Commissioner of Police may direct) may destroy or otherwise dispose
of a confiscated thing forfeited to the Crown under this section in
accordance with the directions of the Commissioner of Police.
(12) Confiscated thing may be destroyed
In this section, a reference to the disposal of a thing includes a reference
to its destruction.
Division 2 Identification of persons
13 Power to ask for identification particulars
(1) A security officer may require a person who is entering or in court
premises and whose name or residential address is unknown to the
officer to disclose the person's name and residential address or to
disclose the reason for the person's visit to the court premises, or both,
if the officer believes on reasonable grounds that:
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Clause 14 Court Security Bill 2005
Part 3 Court security powers
(a) the person is carrying a restricted item or offensive implement, or
(b) the person has committed an offence in the court premises.
(2) However, a security officer may not require a person who is in
possession of a restricted item or offensive implement to provide
information of the kind referred to in subsection (1) if:
(a) in the case of a restricted item--the officer has reasonable
grounds to believe that the person is permitted to possess the item
in court premises under section 8 (2), or
(b) in the case of an offensive implement--the officer has reasonable
grounds to believe that the person would have been permitted to
possess the implement in court premises under section 8 (2) if the
implement had been a restricted item.
(3) A person:
(a) must not, without reasonable excuse, fail to comply with a
requirement made by a security officer in accordance with
subsection (1) and section 20, or
(b) must not attempt to comply with a requirement made by a
security officer in accordance with subsection (1) and section 20
by:
(i) stating a reason that is false or misleading in a material
particular, or
(ii) providing a name or address that is false or misleading in
a material particular.
Maximum penalty: 2 penalty units.
Note. Section 20 requires a security officer to provide certain information and a
warning before exercising a power under this section.
(4) A security officer may request a person who is required by the officer
in accordance with subsection (1) and section 20 to disclose the
person's name and address to provide proof of the person's name and
address.
Division 3 Directions to persons
14 Power to give reasonable directions
(1) A security officer may give a direction to a person in court premises if
the security officer has reasonable grounds to believe that the person's
behaviour in the premises (referred to in this section as relevant
conduct):
(a) is obstructing another person or persons, or
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Court Security Bill 2005 Clause 14
Court security powers Part 3
(b) constitutes harassment or intimidation of another person or
persons, or
(c) is causing or is likely to cause fear to another person or persons,
so long as the relevant conduct would be such as to cause fear to
a person of reasonable firmness.
(2) Such a direction must be reasonable in the circumstances for the
purpose of reducing or eliminating the obstruction, harassment,
intimidation or fear.
(3) If a security officer has complied with section 20 in giving a direction
to a person and the person fails to comply with the direction, the security
officer may again give the direction and, in that case, must again warn
the person that failure to comply with the direction may be an offence.
Note. Section 20 requires a security officer to provide certain information and a
warning before exercising a power under this section.
(4) A person must not, without reasonable excuse, fail to comply with a
direction given in accordance with subsection (3).
Maximum penalty (subsection (4)): 20 penalty units.
(5) A person is not guilty of an offence under subsection (4) unless it is
established that the person persisted, after the direction concerned was
given, to engage in the relevant conduct.
(6) A security officer may give a direction under this section to persons
comprising a group.
(7) In the case of a direction that is given to a group of persons in
accordance with subsection (1), the security officer is not required to
repeat the direction, or to repeat the information and warning referred to
in section 20, to each person in the group.
(8) In the case of a direction that is given to a group of persons in
accordance with subsection (3), the security officer is not required to
repeat the direction, or to repeat the warning referred to in that
subsection, to each person in the group.
(9) However, just because the security officer is not required to repeat any
such direction, information or warning does not in itself give rise to any
presumption that each person in the group has received the direction,
information or warning.
(10) The other person or persons referred to in subsection (1) need not be in
the court premises but must be near the premises at the time the relevant
conduct is being engaged in.
(11) For the purposes of subsection (1) (c), no person of reasonable firmness
need actually be, or be likely to be, present at the scene.
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Clause 15 Court Security Bill 2005
Part 3 Court security powers
Division 4 Security signs and notices
15 Power to erect security signs and notices in court premises
(1) A security officer may erect such signs or notices in the court premises
as the security officer considers necessary concerning the provision of
security in the court premises.
(2) A person must not remove, alter, damage, deface or destroy any such
sign or notice without the permission of a security officer or judicial
officer in the court premises.
Maximum penalty: 5 penalty units.
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Court Security Bill 2005 Clause 16
Powers of arrest and use of force Part 4
Part 4 Powers of arrest and use of force
16 Powers of arrest
(1) A security officer may, without a warrant, arrest a person in court
premises if:
(a) the person is in the act of committing an offence under this Act
or has just committed such an offence, or
(b) the security officer believes on reasonable grounds that the
person has committed an offence under this Act.
Note. Section 20 requires a security officer to provide certain information and a
warning before or at the time of exercising, or as soon as is reasonably
practicable after exercising, a power under this section. Section 19 limits the
circumstances in which a power under this section may be exercised.
(2) A security officer may exercise the power conferred on the officer by
subsection (1) in respect of a person at a place outside of the court
premises if:
(a) the person absconded from the court premises in an attempt to
avoid arrest, and
(b) the officer pursued the person from the court premises and the
pursuit was not stopped or interrupted at any time before the
officer concerned arrived at the place for the purpose of
exercising the power.
(3) For the purposes of subsection (2), a pursuit of a person is taken not to
have stopped or to have been interrupted only because the security
officer concerned has temporarily lost sight of the person.
(4) A security officer who arrests a person under this section must, as soon
as practicable, take the person:
(a) to a police officer to be dealt with according to law, or
(b) before an authorised officer to be dealt with according to law.
(5) In this section:
authorised officer means:
(a) before the commencement of section 99 of the Law Enforcement
(Powers and Responsibilities) Act 2002--an authorised justice
within the meaning of the Search Warrants Act 1985, or
(b) on or after the commencement of section 99 of the Law
Enforcement (Powers and Responsibilities) Act 2002--an
authorised officer within the meaning of that Act.
Page 17
Clause 17 Court Security Bill 2005
Part 4 Powers of arrest and use of force
17 Use of force generally by security officers
(1) It is lawful for a security officer exercising a court security power in
relation to a person or a thing to use such force as is reasonably
necessary to exercise the power.
(2) Without limiting subsection (1), a security officer who exercises a
power to arrest under this Part may use such force as is reasonably
necessary to make the arrest or to prevent the escape of the person after
arrest.
Page 18
Court Security Bill 2005 Clause 18
Limitations and safeguards on exercise of certain powers Part 5
Part 5 Limitations and safeguards on exercise of
certain powers
18 Powers to which this Part applies
(1) This Part applies to the exercise of any of the following powers:
(a) a court security power (other than a power conferred by section
15),
(b) a power of arrest conferred by section 16.
(2) In this Part, relevant power means a power to which this Part applies.
19 Limitations on exercise of relevant powers
(1) The following limitations apply to the exercise of a relevant power:
(a) a relevant power may not be exercised in respect of a judicial
officer,
(b) a relevant power may not be exercised within a room in which a
court is sitting unless the security officer seeking to exercise the
power is satisfied that:
(i) there is an emergency, and
(ii) there is insufficient time in the circumstances to obtain a
direction from the presiding judicial officer,
(c) a relevant power may not be exercised in respect of a person who
is being dealt with by a police officer unless the police officer has
requested the security officer's assistance,
(d) a relevant power may not be exercised in respect of a person who
is in the custody of a custodial officer for the person unless the
custodial officer has requested the security officer's assistance,
(e) a relevant power may not be exercised in respect of such persons
or in such circumstances (or both) as may be prescribed by the
regulations.
(2) Despite subsection (1), a security officer may exercise a relevant power
in respect of a person or in a circumstance referred to in that subsection
if:
(a) a judicial officer directs the security officer to exercise the power,
or
(b) the security officer is exercising the power to prevent the person
from causing harm to himself or herself or to another person or
causing damage to property, or
(c) the security officer is assisting a custodial officer for the person
to prevent the person from escaping from lawful custody.
Page 19
Clause 20 Court Security Bill 2005
Part 5 Limitations and safeguards on exercise of certain powers
20 Safeguards concerning exercise of relevant powers
(1) This section:
(a) does not apply to the exercise of a power under section 10 or 11,
and
(b) applies in addition to, and not in derogation of, the provisions of
section 14.
Note. Sections 10 and 11 make special provision for the giving of the kind of
information referred to in this section.
Section 14, which confers a power on security officers to give persons in court
premises reasonable directions, contains a number of safeguards in relation to
the exercise of the power.
(2) A security officer must provide the person who is subject to the exercise
of a relevant power with the following information within the time
specified by subsection (3):
(a) evidence that the officer is a security officer (for example, by
showing the person the officer's certificate of identification),
(b) the name or badge number of the security officer,
(c) the reason for the exercise of the power,
(d) a warning that failure or refusal to comply with a direction or
requirement of the security officer, in the exercise of the power,
may be an offence.
(3) The information referred to in subsection (2) must be provided:
(a) in the case of the exercise of a power of arrest:
(i) if it is practicable to do so, before or at the time of
exercising the power, or
(ii) if it is not practicable to do so, as soon as is reasonably
practicable after exercising the power, or
(b) in any other case--before exercising the power concerned.
(4) The information referred to in subsection (2) may, but need not, be
provided in writing.
(5) If 2 or more security officers are exercising a relevant power, only one
officer present is required to comply with this section.
(6) However, if a person asks another security officer present for
information as to the name or badge number of the security officer, the
security officer must give to the person the information requested.
Page 20
Court Security Bill 2005 Clause 21
Security officers Part 6
Part 6 Security officers
21 Security officers
(1) The Sheriff may, by instrument in writing, appoint any of the following
persons to be a security officer:
(a) a sheriff's officer,
(b) any other person who holds a licence under the Security Industry
Act 1997 to carry out security activities of the kind that a security
officer may be required to carry out under this Act.
(2) The Sheriff may, at any time and for any reason, revoke an appointment
of a person made under subsection (1) by notice in writing given to the
person.
(3) A security officer appointed under subsection (1) (b) is to be provided
by the Sheriff with a certificate of identification in the form prescribed
by the regulations.
22 Security officer to carry identification
A security officer (other than the Sheriff or a sheriff's officer) must, at
all times while exercising his or her functions under this Act, carry, and
produce on demand, a certificate of identification issued under
section 21.
Maximum penalty: 5 penalty units.
23 Delegation of Sheriff's functions not permitted
Despite any other Act or law, the Sheriff may not delegate:
(a) any function of the Sheriff under section 21, or
(b) any function of the Sheriff as a security officer.
Page 21
Clause 24 Court Security Bill 2005
Part 7 Miscellaneous
Part 7 Miscellaneous
24 Obstruction and impersonation of security officer
A person must not:
(a) wilfully delay, hinder or obstruct a security officer in the exercise
of the officer's functions under this Act, or
(b) falsely represent himself or herself to be a security officer in court
premises.
Maximum penalty: 100 penalty units or imprisonment for 6 months (or
both).
25 Exclusion of liability
An act or omission of a security officer, or any person acting under the
direction of a security officer, does not subject the security officer or
person so acting personally to any action, liability, claim or demand if
the act or omission was done, or omitted to be done, in good faith for
the purpose of exercising a function under this Act.
26 Service of documents
(1) A document that is authorised or required by this Act or the regulations
to be given or served on any person may be given or served by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for
the giving or service of documents or, if no such address is
specified, the residential or business address of the person
last known to the person giving or serving the document,
or
(iii) sending it by facsimile transmission to the facsimile
number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of
16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate
or to an address specified by the body corporate for the
giving or service of documents, or
(ii) sending it by facsimile transmission to the facsimile
number of the body corporate.
(2) Nothing in this section affects the operation of any provision of a law or
of the rules of a court authorising a document to be served on a person
in any other manner.
Page 22
Court Security Bill 2005 Clause 27
Miscellaneous Part 7
27 Onus of proof concerning reasonable excuse
In any proceedings for an offence against a provision of this Act, the
onus of proving that a person had a reasonable excuse (as referred to in
the provision) lies with the defendant and must be proved on the balance
of probabilities.
28 Nature of proceedings for offences
(1) Proceedings for an offence under this Act may be dealt with:
(a) summarily before a Local Court, or
(b) summarily before the Supreme Court in its summary jurisdiction.
(2) If proceedings are brought in a Local Court, the maximum monetary
penalty that the Local Court may impose for the offence is 100 penalty
units, despite any higher maximum monetary penalty provided in
respect of the offence.
29 Penalty notices
(1) A security officer may serve a penalty notice on a person if it appears to
the officer that the person has committed an offence against this Act,
being an offence prescribed by the regulations as a penalty notice
offence.
(2) A penalty notice is a notice to the effect that, if the person served does
not wish to have the matter determined by a court, the person can pay,
within the time and to the person specified in the notice, the amount of
the penalty prescribed by the regulations for the offence if dealt with
under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of a penalty prescribed for an alleged offence is paid under
this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission of
liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying
the offence or by referring to the provision creating the offence,
and
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
Page 23
Clause 30 Court Security Bill 2005
Part 7 Miscellaneous
(7) The amount of a penalty prescribed under this section for an offence is
not to exceed the maximum amount of penalty that could be imposed for
the offence by a court.
(8) This section does not limit the operation of any other provision of, or
made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
30 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
31 Savings, transitional and other provisions
Schedule 1 has effect.
32 Amendment of Fines Act 1996 No 99
Insert in alphabetical order in Schedule 1 to the Fines Act 1996:
Court Security Act 2005, section 29
33 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5
years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 24
Court Security Bill 2005
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 31)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 25
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