New South Wales Consolidated Acts

COURT SECURITY ACT 2005 - SECT 13

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:

(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.