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COURT SECURITY ACT 2005 - SECT 8 Possession of restricted items in court premises

COURT SECURITY ACT 2005 - SECT 8

Possession of restricted items in court premises

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, or an imitation 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 --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.