Victorian Consolidated Legislation

Court Security Act 1980 - SECT 3

Powers of authorized officer

3. Powers of authorized officer



(1) Subject to any limitations or restrictions provided by the rules an
authorized officer may demand from a person who is on court premises that
person's name and address, his reason for being on the premises and evidence
of his identity.

(2) Any person who in response to a demand under subsection (1)-

   (a)  fails or refuses to supply any of the information;

   (b)  gives false information; or

   (c)  provides any false evidence of identity-

shall be guilty of an offence against this Act and liable to a penalty not
exceeding 10 penalty units.

(3) Subject to any limitations or restrictions provided by the rules, an
authorized officer may require a person who wishes to enter the court
premises, or is on the court premises-

   (a)  to submit to a frisk search or a search of any thing in the person's
        possession;

   (b)  to submit to a scanning search of his or her person or of any thing in
        the person's possession;

   (c)  to surrender to the authorized officer any item that the authorized
        officer believes on reasonable grounds is a prohibited item.

(4) An authorized officer 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.

(5) If, when asked, a person does not submit to a demand under subsection (1)
or a requirement under subsection (3), an authorized officer may prohibit the
person from entering the court premises, or if the person is on the court
premises, remove the person by reasonable force from the court premises.

(6) An authorized officer, who during a search finds a prohibited item or to
whom a prohibited item is surrendered, may seize and retain that prohibited
item in accordance with this section.



(7) A prohibited item (other than a firearm, an explosive substance or an
offensive weapon) that is surrendered by a person in compliance with a
requirement under subsection (3)(c) must be retained by the authorized officer
until-

   (a)  the person requests the item's return; or

   (b)  the expiration of 28 days after the item was surrendered-

whichever happens first.

(8) Despite anything to the contrary in this section, if-

   (a)  a surrendered or seized prohibited item is a firearm, an explosive
        substance or an offensive weapon whose possession would constitute an
        offence under the Crimes Act 1958, the Control of Weapons Act 1990 or
        this Act, the chief executive officer or a clerk of the court must
        ensure that the item is given to a member of the police force within
        24 hours after the item is surrendered or seized;

   (b)  a surrendered or seized prohibited item is not an item referred to in
        paragraph (a) and is not collected within 28 days after it was
        surrendered or seized, the chief executive officer or a clerk of the
        court may destroy the item or sell the item and retain the proceeds of
        the item's sale.

(9) An authorized officer may refuse a person entry to the court premises or
remove a person from the court premises if the authorized person believes on
reasonable grounds that the person is likely to affect adversely the security,
good order or management of the court premises.

(10) A person must not refuse to comply with a requirement under subsection
(3).

Penalty: 10 penalty units.