New South Wales Consolidated Acts

COURT SECURITY ACT 2005 - SECT 11

11 Power to require property and other things to be surrendered for safekeeping

(1) A security officer may require a person who is entering or in court premises to deposit with the officer while the person remains in the premises any or all of the following--

(a) any thing in the person's possession or control that the security officer believes on reasonable grounds is a restricted item or offensive implement,

(b) any thing in the person's possession or control that is reasonably capable of concealing a thing of the kind referred to in paragraph (a),

(c) any alcohol, or bottle or other container in which alcohol is contained, that is in the person's possession or control unless the person is taking it into court premises with the authority of a judicial officer or the registrar of the relevant court,

(d) any other thing in the person's possession or control that the security officer believes on reasonable grounds to be a thing that is, or is of a class, prescribed by the regulations for the purposes of this section.

(2) If a security officer makes a requirement of a person under subsection (1) and the person fails immediately to comply with that requirement or to leave the court premises, the security officer may again make the requirement and, in that case, must--

(a) warn the person that a failure immediately to comply with the requirement or leave the court premises may be an offence, and

(b) provide the person with the information referred to in section 20 (2) (a)-(c).

(3) If a security officer makes a requirement of a person in accordance with subsection (2), the person must immediately--

(a) comply with the requirement, or

(b) leave the court premises.

Maximum penalty (subsection (3)): 5 penalty units.

(4) Subject to section 12, if a person deposits a thing with a security officer under subsection (1), the security officer must ensure that the thing is returned to the person if--

(a) the person requests the return of the thing, and

(b) the security officer is satisfied, on reasonable grounds, that the person is about to leave the court premises.