Western Australian Consolidated Acts

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COURT SECURITY AND CUSTODIAL SERVICES ACT 1999 - SECT 42

42 .         Minister, CEO etc. may have access to certain places, persons, vehicles and documents

        (1)         The Minister, the CEO and any person authorised by the CEO may, at any time (with any assistants and equipment that the Minister, the CEO or authorised person thinks are necessary), have free and unfettered access to a place, person, vehicle or document referred to in subsection (2) for the purpose of —

            (a)         ensuring compliance with this Act, the CEO’s rules or a contract; or

            (b)         ensuring that a service that is a subject of a contract is being properly provided.

        (2)         A person referred to in subsection (1) may have access to —

            (a)         a custodial place at which, or in respect of which, services are provided under a contract, or any part of such a place;

            (b)         a person in custody or intoxicated detainee in such a place;

            (c)         a contract worker whose work is concerned with such a place;

            (d)         a vehicle used by a contractor to provide services under a contract;

            (e)         a person in custody or intoxicated detainee in such a vehicle;

            (f)         a contract worker whose work is concerned with such a vehicle;

            (g)         all documents in the possession of the contractor or a subcontractor in relation to any service that is a subject of a contract.

        (3)         The CEO may authorise a person for the purposes of subsection (1).

        (4)         An authorisation must be in writing and may be made subject to such conditions and limitations specified in the authorisation as the CEO thinks fit.

        (5)         A person must not hinder or resist a person referred to in subsection (1) when the person is exercising or attempting to exercise a power under that subsection.

        Penalty: $20 000.

        (6)         Nothing in this section limits any entitlement that a person, under a law, has to have access to a place, person, vehicle or document referred to in subsection (2).



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