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COURT SECURITY ACT 2005 - SECT 4
Definitions
(1) In this Act--
"audio link" means facilities (including telephone) that enable audio
communication between persons at different places.
"audio visual link" means facilities (including closed-circuit television)
that enable audio and visual communication between persons at different
places.
"correctional centre" means a correctional centre within the meaning of the
Crimes (Administration of Sentences) Act 1999 , and includes a correctional
complex within the meaning of that Act.
"correctional officer" means a correctional officer within the meaning of the
Crimes (Administration of Sentences) Act 1999 .
"court" means any of the following-- (a) the Supreme Court,
(b) the
Industrial Relations Commission,
(c) the Land and Environment Court,
(d) the
District Court,
(e) the Drug Court,
(f) the Children's Court,
(g) the Local
Court (including the Local Court constituted by an Industrial Magistrate),
(h) the Dust Diseases Tribunal,
(k) a person who exercises or performs the
functions of a coroner under the Coroners Act 2009 ,
(l) the Civil and
Administrative Tribunal,
(m) the State Parole Authority,
(n) any other
tribunal, body or person prescribed by the regulations that is authorised by
law to conduct proceedings for the purpose of the determination of any matter
or thing.
"court premises" , in relation to a court, means the premises or place where a
court is held or that is used in relation to the operations of a court, and
(without limitation) includes-- (a) a forecourt, courtyard, yard, parking
area, toilet facility, hall, corridor or other area used in conjunction with
the premises or place, and
(b) a part of premises or a place used as an
entrance to or exit from the premises or place where the court is held or that
is used in relation to the operations of the court, and
(c) a part of
premises or a place being used to enable a person to appear before the court
by means of an audio link or audio visual link, and
(d) any part of premises
or a place used in relation to the operations of a court, or referred to in
the preceding paragraphs, that is also used for other purposes.
"court security power" means a power conferred on a security officer by Part
3.
"custodial officer" for a person means any of the following-- (a) a police
officer who has lawful custody of the person for the time being,
(b) a
correctional officer or other officer of the Department of Corrective Services
who has lawful custody of the person for the time being,
(c) an officer of
the Department of Juvenile Justice who has lawful custody of the person for
the time being.
"exercise" a function includes perform a duty.
"face" and
"face covering" have the same meanings as they have in the Law Enforcement
(Powers and Responsibilities) Act 2002 .
"fail to comply" includes refuse to comply.
"function" includes a power, authority or duty.
"journalist" means a person engaged in the profession or practice of
reporting, photographing, editing or recording for a media report of a news,
current affairs, information or documentary character.
"judicial officer" means-- (a) a judicial officer within the meaning of the
Judicial Officers Act 1986 , or
(b) any other person who is, or who alone or
with others constitutes, a court.
"media report" means an article, program or other report for publication in or
broadcast on any of the following-- (a) a newspaper, magazine, journal or
other periodical,
(b) a radio or television broadcasting service,
(c) an
electronic service (including a service provided by the Internet) that is
similar to a newspaper, magazine, radio broadcast or television broadcast.
"mobile phone" includes any device that may be used, in whole or in part, for
the purpose of sending or receiving voice or other data over a mobile
telephone network, whether or not it may be used for any other purpose.
"offensive implement" means any thing (other than a restricted item)-- (a)
made or adapted for use for causing injury to a person, or
(b) intended, by
the person having custody of the thing, to be used to injure or menace a
person or damage property.
"personal search" means a search (other than a scanner search) of a person or
of things in the person's possession or control that may include any of the
following-- (a) an examination of any thing worn or carried by the person that
is conveniently and voluntarily removed by the person,
(b) a search of a
person conducted by quickly running the hands over the person's outer
clothing,
(c) requiring the person to remove only his or her overcoat, coat
or jacket or similar article of clothing and any gloves, shoes, belt and hat
and conducting an examination of those things,
but does not include requiring
a person to remove a face covering.
"recording device" means any device that is capable of being used to record
images or sound (or both), including any of the following devices-- (a) a
camera (including a video camera),
(b) a mobile phone that is capable of
recording images or sound (or both),
(c) a tape recorder or digital audio
recorder,
(d) a portable document scanner.
"restricted item" means any of the following-- (a) any prohibited weapon
within the meaning of the Weapons Prohibition Act 1998 ,
(b) a firearm, or
an imitation firearm, within the meaning of the Firearms Act 1996 ,
(c) any
knife (whether or not a prohibited weapon within the meaning of the
Weapons Prohibition Act 1998 ).
"scanner search" means a search of a person or of things in the person's
possession or control that involves-- (a) passing an electronic scanning or
screening device over or in close proximity to the person's outer clothing, or
(b) requiring the person to pass through, or provide a thing for passage
through, an electronic scanning or screening device.
"security officer" means-- (a) the Sheriff, or
(b) a person appointed by the
Sheriff under section 21.
Note : The Interpretation Act 1987 contains
definitions and other provisions that affect the interpretation and
application of this Act.
(2) Notes included in this Act do not form part of
this Act.
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