Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) REGULATIONS 1999 1999 NO. 26

STATUTORY RULES 1999 NO. 26

Issued by the Authority of the Attorney-General

Public Order (Protection of Persons and Property) Act 1971

Public Order (Protection of Persons and Property) Regulations 1999

Section 13H of the Public Order (Protection of Persons and Property) Act 1971 (the Act) provides that the Governor-General may make regulations prescribing matters for the purposes of Part IIA of the Act. Part IIA of the Act provides for the protective security of prescribed federal courts, tribunals and other bodies having the power under Commonwealth law to require the production of documents or the answering of questions which under section 13A of the Act are defined as courts. In particular, the Governor-General may make regulations providing for dealing with information given by a person in response to a requirement made under Part IIA.

The regulations prescribe the courts to which Part IIA of the Act applies. These courts are the Federal Court of Australia, the Family Court of Australia, the Administrative Appeals Tribunal and the National Crime Authority (regulation 4). The Family Court of Western Australia (which is the only state family court) has not been prescribed as it is not a court of the Commonwealth. The High Court has also not been prescribed as there are other adequate protective security powers for that Court.

Part IIA of the Act provides for court administrators to authorise officers. Duly authorised officers may, when it is in the interests of security to do so, require persons to provide their name, address of their place of residence, their reason for being on court premises and evidence of their identity. Failing to provide such information on request or providing false information, without reasonable excuse, is an offence. The Act also provides authorised officers with the power to search a person, either by frisk or screen search, to search a person's personal effects or to have the person deposit their personal effects when it is in the interests of security to do so. Where weapons are found during such searches authorised officers may take and retain possession of the items for such time as is necessary for the purposes of Part IIA. Where a person has refused to comply with these requirements or has no proper reason for being on court premises an authorised officer may direct them to leave the court premises.

The regulations provide a scheme for the identification of authorised officers (regulation 5) and provide procedures to be followed in the event of a frisk search being conducted on court premises (regulation 6). Each authorised officer, who is not a police officer, is to be issued with an identity card, which is to display a recent photograph and state that the holder of the card is an authorised officer for the purposes of Part IIA of the Act. If a frisk search is to be conducted the authorised officer must inform the person to be searched of the procedure that is to occur and the effect of the provisions of subsections 13D(4), (5) and (7) of the Act which set out certain safeguards.

Regulation 8 provides that, where information is obtained under section 13C of the Act, it may be disclosed to the Australian Protective Service, the Australian Federal Police or the police force of a State or Territory. An authorised officer may also disclose the information to specified officers of the court of which he or she is an authorised officer. An authorised officer will only be able to disclose the information if the officer believes on reasonable grounds that it is necessary in the interests of security to do so.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

Attachment

NOTES ON THE REGULATIONS

The details of the regulations are as follows:

Regulation 1 - Citation

Regulation 1 cites the regulations as the Public Order (Protection of Persons and Property) Regulations 1999

Regulation 2 - Commencement

The Regulations commence on gazettal.

Regulation 3 - Definitions

In these regulations Act means the Public Order (Protection of Persons and Property) Act 1971 and a word or expression used in the Regulations has the same meaning as in Part IIA of the Act.

Regulation 4 - Prescribed courts

Regulation 4 lists the 'courts' which are prescribed under section 13B of the Act for the purposes of Part IIA of the Act. They are: the Federal Court of Australia; the Family Court of Australia. the Administrative Appeals Tribunal; and the National Crime Authority.

Regulation 5 - Proof of authority

Subregulation 5(1) provides that an authorised officer, before requiring a person to provide information under section 13C of the Act or searching a person or requiring a person to deposit items or taking possession of and retaining items, must, if practicable, inform the person that the officer is an authorised officer and disclose the officer's identity card. However if the authorised officer is a constable the officer is required to disclose the officer's identification as a constable.

Subregulation 5(2) prescribes the details of what is to be included on an authorised officer's identity card.

Regulation 6 - Frisk searches

Regulation 6 provides that if an authorised officer intends to conduct a frisk search of a person on court premises, the officer must inform the person to be searched of the procedure that is to occur. The authorised officer is also required to inform the person of the effect of the provisions of subsections 13D(4), (5) and (7) of the Act. Section 13D(4) provides that section 13D does not authorise any person conducting a frisk search to remove, or require the person being searched to remove, any article of clothing. A frisk search of a person under section 13D(5) is to be conducted by an authorised officer of the same sex as the person, or, if such an authorised officer is unavailable, any person of the same sex who is requested by the authorised officer and agrees to conduct the search. Section 13D(7) requires an authorised officer not to use more force, or to subject a person to greater indignity, than is reasonably necessary to conduct the search.

Regulation 7 - Returning identity card

Regulation 7 requires that a person, other than a constable, who stops being an authorised officer, must return his or her identity card to the person who appointed him or her as an authorised officer, or, if that person is unavailable, to another person authorised to receive the identity card.

Regulation 8 - Disclosing information

Subregulation 8(1) permits an authorised officer to disclose information obtained under section 13C of the Act to the Australian Protective Service, the Australian Federal Police or the police force of a State or Territory.

Subregulations 8(2), (3), (4) and (5) permit an authorised officer of a 'court' to disclose information to the specified officers of that 'court'.

Subregulation 8(6) permits an authorised officer of a 'court' to disclose information under Regulation 8 only if the officer believes on reasonable grounds that it is necessary in the interests of security to do so.

Regulation 9 - Recording information electronically

Regulation 9 provides that information obtained under section 13C of the Act may be recorded electronically.