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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
COURT SECURITY BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - APPOINTMENT AND IDENTIFICATION OF SECURITY
OFFICERS
4. Appointment of security officers
5. Temporary provision of security guards as security officers
6. Appointment of security managers
7. Identification of security officers and security managers
PART 3 - ENTRY TO AND USE OF PREMISES
8. Right to enter and remain in open areas of court premises
9. Closure of court premises for security reasons
10. Possession of prohibited object
11. Use of electronic and recording devices in principal court
premises
PART 4 - POWERS AND DUTIES OF SECURITY OFFICERS AND
SECURITY MANAGERS
12. Powers of search
13. Conduct of search
[Bill 9]-XI
14. Power to require person to disclose identity
15. Powers to request deposit of, or seize, objects
16. Dealings by security officer with prohibited object
17. Powers of removal
18. Powers of arrest
19. Escorting, detaining, &c., persons in custody
20. Power to give reasonable directions
21. Use of reasonable force and assistance
22. Security officers to provide information in relation to exercise of
power
23. Powers only to be exercised in relation to court in relation to
which officer appointed
24. Confidentiality
PART 5 - MISCELLANEOUS
25. Proceedings conducted at certain care facilities
26. Obstruction and impersonation of security officer
27. Limitation of liability
28. Effect of Act
29. Offences punishable summarily
30. Rules, guidelines and directions
31. Regulations
32. Administration of Act
33. Legislation repealed
34. Legislation rescinded
SCHEDULE 1 - LEGISLATION REPEALED
SCHEDULE 2 - LEGISLATION RESCINDED
2
COURT SECURITY BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
1 June 2017
(Brought in by the Minister for Building and Construction, the
Honourable Guy Barnett)
A BILL FOR
An Act to make provision for the security and good order
of courts and tribunals, and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Court Security Act
2017.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears -
[Bill 9] 3
Court Security Act 2017
Act No. of
s. 3 Part 1 - Preliminary
Administrator means the Administrator of the
Magistrates Court;
ammunition has the same meaning as in the
Firearms Act 1996;
appointing officer, in relation to a court,
means a person who holds the office
which has, under section 4, the power to
appoint a security officer for the court;
chemical agent means -
(a) oleoresin capsicum (commonly
known as pepper spray or
capsicum spray); and
(b) orthochlorobenzalmalononitrile
(commonly known as tear gas);
and
(c) any other prescribed substance;
Chief Clerk (Coronial Division) has the same
meaning as in the Coroners Act 1995;
Chief Clerk of Petty Sessions has the same
meaning as in the Justices Act 1959;
controlled substance has the same meaning as
in the Misuse of Drugs Act 2001;
coroner has the same meaning as in the
Coroners Act 1995;
court includes the Supreme Court, a court of
petty sessions, a court of summary
jurisdiction, the Magistrates Court
4
Court Security Act 2017
Act No. of
Part 1 - Preliminary s. 3
(including any division of that Court) and
a tribunal;
court premises means the premises or place
where a court is held and includes -
(a) a courtroom; and
(b) a forecourt, courtyard, yard,
parking area, toilet facility, hall,
corridor, or other area, used in
conjunction with the premises or
place; and
(c) a part of the premises or place
used as an entrance to or exit
from the premises or place; and
(d) a part of any premises, or any
place, being used to enable a
person, who is at a different
location, to appear before the
court by means of audio, or
audio-visual, communication; and
(e) a place at which a view, hearing
or the taking of evidence is being
carried out in relation to
proceedings before a court; and
(f) a part of any premises, or of any
place, that are premises, or a
place, used in relation to the
operation or management of a
court or court premises or that is
referred to in another paragraph
of this definition;
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Act No. of
s. 3 Part 1 - Preliminary
courtroom means a room -
(a) designed for use by, or
periodically used by, a court
when sitting in public; or
(b) in which hearings of a court are
conducted;
dangerous object -
(a) means an object, the use of which
is likely to adversely affect safety
in, or the security of, a court or
court premises; and
(b) includes any ammunition,
chemical agent, explosive,
firework, inflammable liquid or
weapon;
disruptive object means an object that is likely
to affect the good order of, or
management of, a court or court
premises, and includes a placard and a
banner;
electronic device -
(a) means a device that operates by
way of electronic impulses and
that is capable of recording,
transmitting or receiving data,
whether in audio, visual or other
format; and
6
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Act No. of
Part 1 - Preliminary s. 3
(b) includes a computer, a mobile
phone and a camera;
explosive means any one or more of the
following, either alone or in combination:
(a) a substance that is manufactured,
or used, to produce an explosion;
(b) a modification of such a
substance;
(c) a fuse;
(d) a detonator;
(e) any other prescribed substance or
object;
firearm has the same meaning as in the
Firearms Act 1996;
frisk search means -
(a) a search of a person conducted by
running the hands over the
person's outer garments; and
(b) an examination of any object
worn by the person that is
voluntarily removed by the
person;
inflammable liquid means a liquid -
(a) that is combustible or the vapour
of which is combustible; and
7
Court Security Act 2017
Act No. of
s. 3 Part 1 - Preliminary
(b) that is not intended for human
consumption;
journalist means a person who -
(a) is engaged in the profession or
practice of reporting,
photographing, editing or
recording for a media report of a
news, current affairs, information
or documentary nature; and
(b) is paid to perform that profession
or practice by a person, or body,
that -
(i) is subject to a code of
ethics and a procedure for
the Australian Press
Council, or for another
person or body that is
prescribed, to deal with
complaints about persons
engaging in such a
profession or practice; or
(ii) is the holder of a licence
under the Broadcasting
Services Act 1992 of the
Commonwealth;
judicial officer means -
(a) a judge, associate judge, acting
judge, justice, magistrate or
coroner; and
8
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Act No. of
Part 1 - Preliminary s. 3
(b) the Registrar or a registrar of a
court; and
(c) the Administrator; and
(d) the Chief Clerk of Petty Sessions;
and
(e) the Chief Clerk (Coronial
Division); and
(f) a member or Commissioner of a
tribunal or a person who is, on
behalf of a tribunal, responsible
for ensuring the conduct, by
parties to a matter, of conciliation
or arbitration of the matter before
the tribunal;
liquor has the same meaning as in the Police
Offences Act 1935;
magistrate has the same meaning as in the
Magistrates Court Act 1987;
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 is used for that purpose;
prohibited object means -
(a) a controlled substance; and
(b) liquor; and
(c) a dangerous object; and
9
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Act No. of
s. 3 Part 1 - Preliminary
(d) a disruptive object;
recording device means any device, including
an electronic device, that is capable of
being used to record images or sounds, or
both, and includes 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;
Registrar means the Registrar of the Supreme
Court;
regulations means the regulations made under
this Act;
security agent has the same meaning as in the
Security and Investigations Agents Act
2002;
security guard has the same meaning as in the
Security and Investigations Agents Act
2002;
security manager means a person appointed
under section 6;
security officer means -
(a) the Registrar; and
10
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Act No. of
Part 1 - Preliminary s. 3
(b) the Sheriff; and
(c) a Deputy Sheriff; and
(d) the Administrator; and
(e) the Chief Clerk of Petty Sessions;
and
(f) the Chief Clerk (Coronial
Division); and
(g) a registrar of a tribunal; and
(h) a person appointed under
section 4; and
(i) a police officer; and
(j) a security guard who is provided
to a court as a security officer
under an arrangement referred to
in section 5; and
(k) a security manager;
tribunal means a tribunal, body or person
which is by law entitled to hear, receive
and examine evidence and is prescribed
by the regulations to be a tribunal for the
purposes of this Act;
weapon means an object that is -
(a) made, adapted, or modified, to be
used to injure or incapacitate a
person or to damage property; or
11
Court Security Act 2017
Act No. of
s. 3 Part 1 - Preliminary
(b) intended, by the person
possessing the object, to be used
to injure or incapacitate a person
or to damage property -
and includes a firearm and a knife.
12
Court Security Act 2017
Act No. of
Part 2 - Appointment and Identification of Security Officers s. 4
PART 2 - APPOINTMENT AND IDENTIFICATION OF
SECURITY OFFICERS
4. Appointment of security officers
(1) The Registrar may appoint persons as security
officers for the Supreme Court.
(2) The Administrator may appoint persons as
security officers for the Magistrates Court.
(3) The Chief Clerk of Petty Sessions may appoint
persons as security officers for courts of petty
sessions.
(4) The Chief Clerk (Coronial Division) may
appoint persons as security officers for coroners'
courts.
(5) The Chair, Chief Commissioner or President of a
tribunal may appoint persons as security officers
for that tribunal.
(6) An appointment under this section is subject to
the conditions, if any, that limit the powers
exercisable by the security officer and that are
specified in the instrument of appointment.
(7) A person may be appointed as a security officer
for more than one court.
(8) The appointing officer who appointed a security
officer may, by notice in writing to the security
officer -
13
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Act No. of
s. 5 Part 2 - Appointment and Identification of Security Officers
(a) amend the conditions of appointment
specified in the security officer's
instrument of appointment by adding a
condition or varying or revoking a
condition; or
(b) revoke the appointment.
5. Temporary provision of security guards as security
officers
An appointing officer for a court may enter into
an arrangement with a security agent for the
temporary provision of a security guard as a
security officer for the court.
6. Appointment of security managers
(1) The Registrar may appoint persons as security
managers for the Supreme Court.
(2) The Administrator may appoint persons as
security managers for the Magistrates Court.
(3) The Chief Clerk of Petty Sessions may appoint
persons as security managers for courts of petty
sessions.
(4) The Chief Clerk (Coronial Division) may
appoint persons as security managers for
coroners' courts.
(5) The Head of the Agency responsible for the
administrative arrangements of a tribunal may
appoint persons as security managers for that
tribunal.
14
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Act No. of
Part 2 - Appointment and Identification of Security Officers s. 7
(6) A security manager is to perform the functions,
and exercise the powers, that are specified in his
or her instrument of appointment.
(7) The appointment of a person as a security
manager is subject to the conditions, if any,
specified in his or her instrument of
appointment.
(8) The person who appointed a security manager
may, by notice in writing to the security
manager -
(a) amend the conditions of appointment
specified in the security manager's
instrument of appointment by adding a
condition or varying or revoking a
condition; or
(b) revoke the appointment.
(9) A security manager may give directions to
security officers.
7. Identification of security officers and security
managers
(1) The holder of the office of the person who
appointed a person as a security manager under
section 6, or the appointing officer who
appointed a person to be a security officer under
section 4, must issue the person with an identity
card in a form approved by the appointing
officer -
15
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Act No. of
s. 7 Part 2 - Appointment and Identification of Security Officers
(a) containing the person's name or a unique
identification code; and
(b) stating that the person is a security
officer or security manager under this
Act.
(2) If a person to whom an identity card has been
issued under subsection (1) ceases to be a
security manager or security officer, the person
must, as soon as possible, return the identity card
to the holder of the office of the person who
appointed the person as a security manager or
the appointing officer who appointed the person.
(3) A security officer or security manager to whom
an identity card has been issued under
subsection (1) is to, at all times while performing
or exercising his or her functions or powers
under this Act, wear his or her identity card so
that it is clearly visible.
16
Court Security Act 2017
Act No. of
Part 3 - Entry to and Use of Premises s. 8
PART 3 - ENTRY TO AND USE OF PREMISES
8. Right to enter and remain in open areas of court
premises
(1) A person may enter and remain in a part of court
premises that is open to the public if -
(a) the person has complied with all relevant
directions given, or requirements
imposed, (whether under this Act or
another law) by a judicial officer; and
(b) the person has complied with all relevant
directions given, or requirements
imposed, by a security officer under this
Act or any other law; and
(c) the person has complied with all security
signs or notices concerning entry to or
remaining on court premises or security
on the court premises.
(2) Without limiting subsection (1), a journalist
may, for the purpose of making a media report,
enter and remain in a part of court premises open
to the public that is located outside a building in
which a courtroom is situated or in which a court
is sitting, if the journalist is not obstructing or
otherwise impeding access to the building.
(3) This section has effect subject to the following:
(a) the provisions of this Act;
(b) the provisions of any other Act relating
to the operation of courts;
17
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Act No. of
s. 9 Part 3 - Entry to and Use of Premises
(c) any inherent or implied jurisdiction of a
court to regulate its proceedings;
(d) any other Act or law about persons who
may be present in a courtroom or on
court premises.
9. Closure of court premises for security reasons
(1) If a judicial officer or, subject to the directions of
a judicial officer, a security officer, considers it
necessary in the interests of securing order,
safety or security on court premises or a part of
the court premises he or she may -
(a) order members of the public generally, or
specified members of the public, to leave
the court premises or a part of the court
premises; or
(b) order that members of the public
generally, or specified members of the
public, not be admitted to the court
premises or a part of the court premises.
(2) A person must not, without reasonable excuse,
contravene an order under this section.
Penalty: Fine not exceeding 50 penalty units.
10. Possession of prohibited object
(1) A person must not, without reasonable excuse -
(a) possess a prohibited object on court
premises; or
18
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Act No. of
Part 3 - Entry to and Use of Premises s. 10
(b) attempt to bring a prohibited object on to
court premises.
Penalty: In the case of -
(a) a prohibited object that is not a
dangerous object, a fine not
exceeding 50 penalty units; or
(b) a prohibited object that is a
dangerous object, a fine not
exceeding 100 penalty units or
imprisonment for a term not
exceeding 6 months, or both.
(2) Subsection (1) does not apply in respect of any
of the following:
(a) the possession of any prohibited object
that is or may be, or is to be, an exhibit in
proceedings before a court on court
premises, if a judicial officer or security
officer has authorised the possession of
the object; or
(b) the possession of any prohibited object
that a judicial officer or security officer
has directed or authorised to be allowed
in a courtroom or on court premises;
(c) the possession by a security officer of
any prohibited object that has been taken
into possession or seized under this Act;
(d) the possession (otherwise than in
principal court premises within the
meaning of section 11) by -
19
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Act No. of
s. 11 Part 3 - Entry to and Use of Premises
(i) a police officer; or
(ii) a correctional officer, within the
meaning of the Corrections Act
1997; or
(iii) an authorised person, within the
meaning of the Mental Health Act
2013 -
of any prohibited object in the
performance or exercise of the officer's
or person's functions or powers under
any Act or law;
(e) the possession of prohibited objects in
circumstances prescribed by the
regulations.
11. Use of electronic and recording devices in principal
court premises
(1) In this section -
principal court premises means -
(a) a courtroom; and
(b) a part of premises, or a place,
being used to enable a person at a
different location to appear
before the court by means of
audio, or audio-visual,
communication; and
(c) a place at which a view, hearing
or the taking of evidence is being
20
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Act No. of
Part 3 - Entry to and Use of Premises s. 11
carried out in relation to
proceedings before a court;
relevant restrictions or permissions means -
(a) directions given by a judicial
officer or security officer; and
(b) any guidelines or practice
directions issued or given by a
judicial officer or under an Act;
use, in relation to an electronic device or a
recording device, includes record,
transmit and record and transmit.
(2) A person must not use an electronic device, or a
recording device, in principal court premises.
Penalty: Fine not exceeding 50 penalty units.
(3) Subsection (2) does not apply in respect of the
use of an electronic device, or a recording
device, in principal court premises by -
(a) a judicial officer; or
(b) a person employed or engaged by or on
behalf of the Crown for the purposes of
the court.
(4) Subsection (2) does not apply in respect of the
use of an electronic device, or a recording
device, if -
(a) the use of the device has been expressly
permitted by a judicial officer and is in
21
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Act No. of
s. 11 Part 3 - Entry to and Use of Premises
accordance with the relevant restrictions
or permissions; or
(b) the use is in accordance with the relevant
restrictions or permissions and is made
by -
(i) an Australian legal practitioner, a
prosecutor or an officer of the
court, for the purpose of
conducting his or her work as
such a practitioner, prosecutor or
officer; or
(ii) a journalist who is engaged in the
profession or practice referred to
in paragraph (a) of the
definition of journalist in
section 3; or
(c) the use is made in other circumstances
prescribed by the regulations and is in
accordance with the relevant restrictions
or permissions.
(5) Subsection (4) does not apply in relation to a use
of an electronic device, or a recording device, if
the use -
(a) interferes with the court recording system
or other technology; or
(b) interferes with court decorum, is
inconsistent with the functions of a court
or otherwise impedes the administration
of justice; or
22
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Act No. of
Part 3 - Entry to and Use of Premises s. 11
(c) generates electronic sound or involves
speech; or
(d) consists of the taking of photographs or
video images; or
(e) consists of the recording or digital
transcription of the proceedings.
(6) A person must not, without the consent of a
judicial officer, publish -
(a) a photograph, or a video image, that was
taken in principal court premises; or
(b) a recording, by an electronic device or a
recording device, of all or part of
proceedings in principal court premises.
Penalty: Fine not exceeding 50 penalty units.
23
Court Security Act 2017
Act No. of
s. 12 Part 4 - Powers and Duties of Security Officers and Security Managers
PART 4 - POWERS AND DUTIES OF SECURITY
OFFICERS AND SECURITY MANAGERS
12. Powers of search
(1) A security officer may direct a person entering
or on court premises to -
(a) stop any vehicle in the person's
possession or control that is about to be
driven, or has been driven, onto the court
premises; or
(b) allow a vehicle referred to in
paragraph (a) to be searched; or
(c) submit to a search, including a search of
any personal effects of that person which
the security officer considers are
reasonably capable of concealing a
prohibited object.
(2) A person to whom a direction is given under
subsection (1) must not, without reasonable
excuse, contravene the direction.
Penalty: Fine not exceeding 50 penalty units.
(3) It is a defence to a charge of an offence against
subsection (2) in relation to a direction given
under subsection (1)(b) if the person who has
been directed to allow a vehicle to be searched
instead removes, as soon as practicable, the
vehicle from the premises or the entrance to the
premises.
24
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Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 13
(4) It is a defence to a charge of an offence against
subsection (2) in relation to a direction given
under subsection (1)(c) if the person who has
been directed to submit to a search instead, as
soon as practicable, leaves the premises or the
entrance to the premises.
13. Conduct of search
(1) In this section -
intersex has the same meaning as in the Anti-
Discrimination Act 1998;
transgender has the same meaning as in the
Anti-Discrimination Act 1998;
transsexual has the same meaning as in the
Anti-Discrimination Act 1998.
(2) A search under section 12 -
(a) may be conducted by one or more of the
following means:
(i) using an animal, or an electronic
or other device that is designed to
locate a prohibited object that is
the subject of the search;
(ii) visual inspection;
(iii) frisk search; and
(b) must be conducted expeditiously; and
25
Court Security Act 2017
Act No. of
s. 13 Part 4 - Powers and Duties of Security Officers and Security Managers
(c) must be carried out in circumstances that
give reasonable privacy to the person
undergoing the search.
(3) A security officer may require a person who is
being searched under subsection (2)(a) to
remove -
(a) an outer garment, but only if clothing is
worn underneath; and
(b) gloves, headwear or footwear.
(4) A search under subsection (2)(a) of a person
apparently 10 or more years of age that includes
the removal of clothing -
(a) is not to be conducted unless the person
to be searched -
(i) has been asked whether he or she
has in his or her possession any
prohibited object; and
(ii) has been given the opportunity to
produce any such object; and
(iii) has been given the opportunity to
have the search conducted in
private and, if the person chooses,
the search is conducted in private;
and
(b) is to be conducted in the presence of no
more than 2 persons.
26
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Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 13
(5) A search under subsection (2)(a) of a person
apparently 10 or more years of age that includes
the removal of clothing is to be conducted -
(a) if practicable, by a security officer of the
same gender as the person searched or, if
the person is transsexual, transgender or
intersex, who is of the gender that the
person requests; and
(b) if practicable, in the presence of only
persons of the same gender as the person
searched or, if the person is transsexual,
transgender or intersex, who is of the
gender that the person requests.
(6) A search under subsection (2)(a) of a child
apparently less than 10 years of age that includes
the removal of clothing is to be conducted -
(a) by a female security officer; and
(b) subject to paragraph (c), in the presence
of only female persons; and
(c) in the presence of a person, if any, who is
accompanying the child, unless that
person refuses to be present.
(7) If a search under subsection (2)(a) of a person
apparently 10 or more years of age includes the
removal of clothing and that person is
accompanied by another person (the
accompanying person) -
(a) the person to be searched may request the
person conducting the search to allow the
27
Court Security Act 2017
Act No. of
s. 14 Part 4 - Powers and Duties of Security Officers and Security Managers
accompanying person to be present
during the search; and
(b) the person conducting the search must
comply with the request, unless he or she
is reasonably of the opinion that to do so
may compromise the safety of persons
in, or the good order or security of, the
court premises.
14. Power to require person to disclose identity
(1) Subject to subsection (4), a security officer may
require a person, who is entering or is on court
premises, to -
(a) disclose the person's name and
residential address; and
(b) disclose the reason for the person's visit
to the court premises; and
(c) provide evidence of the person's identity.
(2) A person in respect of whom a requirement is
made under subsection (1) must not without
reasonable excuse -
(a) fail to comply with the requirement; or
(b) in response to the requirement, state a
false name, address or reason for the
person's visit or give false evidence of
identity.
Penalty: Fine not exceeding 50 penalty units.
28
Court Security Act 2017
Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 15
(3) It is a defence to a charge of an offence against
subsection (2) in relation to a requirement
imposed on a person if the person, instead of
complying with the requirement, as soon as
practicable, leaves the premises or the entrance
to the premises.
(4) A security officer may not exercise his or her
powers under subsection (1) in respect of a
person who -
(a) claims to be -
(i) a lawyer, legal practitioner,
barrister or solicitor; or
(ii) a police officer of the
Commonwealth or of a State or
Territory of the Commonwealth;
or
(iii) a member of the State Service of
the State or of the Public Service
of the Commonwealth -
and to be acting in the course of his or
her duty; and
(b) immediately provides satisfactory proof
of the truth of that claim.
15. Powers to request deposit of, or seize, objects
(1) A security officer may request a person entering
or on court premises to -
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Act No. of
s. 15 Part 4 - Powers and Duties of Security Officers and Security Managers
(a) deposit with the security officer any
personal effects of that person which the
security officer considers are reasonably
capable of concealing a prohibited
object; or
(b) deposit a prohibited object with the
security officer; or
(c) deposit with the security officer any
electronic device or recording device.
(2) A person to whom a request is made under
subsection (1) must not fail, without reasonable
excuse, to comply with the request.
Penalty: Fine not exceeding 50 penalty units.
(3) It is a defence to a charge of an offence against
subsection (2) in relation to a direction given
under subsection (1)(c) to a person if -
(a) the person, instead of complying with the
requirement, leaves the premises or the
entrance to the premises as soon as
practicable; or
(b) where the person has been directed to
deposit with the security officer any
electronic device or recording device, the
person provides to the security officer
who made the request evidence that the
person is a person to whom section 11(2)
does not, by virtue of section 11(3) or
(4), apply.
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Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 15
(4) A security officer may seize a prohibited
object -
(a) found on a person during a search under
section 12; or
(b) found in any personal effects, or vehicle,
during a search under section 12.
(5) A security officer -
(a) may seize an electronic device, or a
recording device, that the security officer
believes on reasonable grounds has been
used in contravention of section 11(2);
and
(b) may make a copy of any images, or
sounds, recorded on an electronic device,
or a recording device, that the security
officer believes on reasonable grounds
has been used in contravention of
section 11(2).
(6) A security manager or a judicial officer may -
(a) delete any images or sounds, or both,
from or obtained by an electronic device,
or a recording device, seized under
subsection (5) and may retain the device
for the period necessary to delete the
images or sounds, or both; or
(b) retain an electronic device, or a recording
device, seized under subsection (5), as
evidence of the commission of an
31
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Act No. of
s. 16 Part 4 - Powers and Duties of Security Officers and Security Managers
offence against that section and give the
device to a police officer.
16. Dealings by security officer with prohibited object
If a person has deposited a prohibited object with
a security officer or the security officer has
seized from a person a prohibited object, the
security officer -
(a) is to return the prohibited object to the
person, if the person so requests, when
the person leaves the court premises,
unless paragraph (b) applies; or
(b) is to -
(i) advise a police officer that the
prohibited object has been
deposited with or seized by the
security officer; and
(ii) give the prohibited object to a
police officer -
if the security officer has reasonable
cause to believe that -
(iii) the prohibited object may be
required as evidence of the
commission of an offence under
this Act; or
(iv) the person is not legally entitled
to possess the prohibited object;
or
32
Court Security Act 2017
Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 17
(v) the prohibited object, if returned
to the person, may be used
imminently to commit an offence.
17. Powers of removal
(1) A security officer may direct a person to leave or
not enter a court or court premises, or may
remove a person or cause a person to be
removed from a court or court premises, if the
person -
(a) is behaving in an unlawful, disorderly,
menacing or indecorous manner; or
(b) is the subject of an order under section 9;
or
(c) is in possession of a prohibited object in
contravention of section 10; or
(d) has contravened section 11(2); or
(e) has failed to comply with a requirement
under section 14 or a request under
section 15(1); or
(f) has failed to comply with a direction
given to the person under this Act.
(2) A person must not, without reasonable excuse,
contravene a direction under subsection (1).
Penalty: Fine not exceeding 50 penalty units.
33
Court Security Act 2017
Act No. of
s. 18 Part 4 - Powers and Duties of Security Officers and Security Managers
18. Powers of arrest
(1) A security officer may, without a warrant, arrest
a person on court premises if the security officer
believes on reasonable grounds that -
(a) the person is committing an offence
under this Act or has just committed such
an offence; or
(b) the person has committed, or is about to
commit, an offence under this Act.
(2) A security officer may exercise the power
conferred on the officer by subsection (1) in
respect of a person at a place outside the court
premises if -
(a) the security officer believes on
reasonable grounds that the person left
the court premises in an attempt to avoid
arrest; and
(b) the security officer pursued the person
from the court premises and the pursuit
was not stopped or interrupted at any
time before the security officer arrived at
the place for the purpose of exercising
the power.
(3) For the purposes of subsection (2), a pursuit of a
person is taken not to have stopped or to have
been interrupted only because the security
officer concerned has temporarily lost sight of
the person.
34
Court Security Act 2017
Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 19
(4) A security officer who is not a police officer and
who arrests a person under this section must, as
soon as practicable, take the person to a police
officer to be dealt with according to law.
19. Escorting, detaining, &c., persons in custody
A security officer may, in relation to a person
who is in custody, escort, detain (with or without
handcuffs or other restraints) and guard the
person while the person is on court premises.
20. Power to give reasonable directions
(1) A security officer may give to a person entering
or on court premises a direction reasonably
necessary to ensure safety, good order or
security on court premises.
(2) A person must not, without reasonable excuse,
contravene a direction given under
subsection (1).
Penalty: Fine not exceeding 50 penalty units.
21. Use of reasonable force and assistance
A security officer performing a function or
exercising a power under this Act may use the
force and the assistance that is reasonably
necessary to perform the function or exercise the
power.
35
Court Security Act 2017
Act No. of
s. 22 Part 4 - Powers and Duties of Security Officers and Security Managers
22. Security officers to provide information in relation
to exercise of power
A security officer must, before or at the time of
exercising a power under this Act and if it is
reasonably practicable to do so, provide the
person who is the subject of the exercise of the
power with the following information:
(a) evidence that the person is a security
officer;
(b) the name or identification code of the
security officer;
(c) the reason for the exercise of the power;
(d) a warning that a failure to comply with a
direction or requirement of the security
officer may be an offence.
23. Powers only to be exercised in relation to court in
relation to which officer appointed
A security manager and a security officer who is
not a police officer may only perform or exercise
a function or power in relation to a court or court
premises if the security manager or security
officer was appointed as such for the purpose of
that court and court premises in relation to that
court.
24. Confidentiality
(1) In this section -
36
Court Security Act 2017
Act No. of
Part 4 - Powers and Duties of Security Officers and Security Managers s. 24
confidential information means information
related to -
(a) the security or management of a
court; or
(b) proceedings of a court that are
not open to members of the
public.
(2) A security officer must not, except to the extent
necessary to perform or exercise his or her
functions or powers, record, disclose,
communicate or make use of confidential
information.
Penalty: Fine not exceeding 5 penalty units.
(3) Subsection (2) does not apply in relation to
confidential information that consists of -
(a) giving evidence or producing a document
to a court in the course of criminal
proceedings or proceedings under this
Act, even though the evidence or
document contains confidential
information; or
(b) disclosing or communicating confidential
information in accordance with the
written authority of the Minister; or
(c) disclosing or communicating confidential
information to the Ombudsman or an
officer of the Ombudsman; or
37
Court Security Act 2017
Act No. of
s. 24 Part 4 - Powers and Duties of Security Officers and Security Managers
(d) disclosing confidential information to
another person or a police officer, if the
disclosure is made to assist the person or
police officer to perform official duties;
or
(e) disclosing confidential information to the
extent specifically authorised by another
Act.
38
Court Security Act 2017
Act No. of
Part 5 - Miscellaneous s. 25
PART 5 - MISCELLANEOUS
25. Proceedings conducted at certain care facilities
If proceedings of a court are to be conducted at a
facility at which care or treatment is provided to
persons, this Act does not apply in relation to the
proceedings unless the person responsible for the
management of that facility has agreed, with the
Registrar, Administrator, Chief Clerk of Petty
Sessions, Chief Clerk (Coronial Division) or, in
the case of a tribunal, the Head of Agency, as the
case may require, that this Act will apply in
relation to the proceedings.
26. Obstruction and impersonation of security officer
A person must not -
(a) wilfully delay, hinder or obstruct a
security officer or security manager in
the performance or exercise of the
security officer's or security manager's
functions or powers under this Act; or
(b) falsely represent himself or herself to be
a security officer.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months, or both.
39
Court Security Act 2017
Act No. of
s. 27 Part 5 - Miscellaneous
27. Limitation of liability
A security officer or a security manager does not
incur any personal liability in respect of an act
done, or omitted to be done, in good faith in the
performance or exercise, or purported
performance or exercise, of his or her functions
or powers under this Act.
28. Effect of Act
(1) The powers conferred by this Act are in addition
to and do not derogate from any powers
conferred on, or possessed by, a court, judicial
officer or person in relation to the conduct of
proceedings in court or the regulation of the
conduct of persons in court or on court premises.
(2) Nothing in this Act affects any power of the
court in relation to contempt of court or other
similar power.
(3) Nothing in this Act derogates from any powers
conferred on, or possessed by, a police officer by
or under any other law.
29. Offences punishable summarily
An offence under this Act may be dealt with
summarily by the Magistrates Court or a court of
petty sessions.
40
Court Security Act 2017
Act No. of
Part 5 - Miscellaneous s. 30
30. Rules, guidelines and directions
(1) A judicial officer may issue directions or
guidelines, for the purposes of this Act, in
relation to the court or tribunal in respect of
which he or she is a judicial officer.
(2) Rules may be made for the purposes of this
Act -
(a) in relation to the Supreme Court - by the
judges of that court; and
(b) in relation to the Magistrates Court or a
court of petty sessions - by the
Magistrates Rule Committee established
under section 15AC of the Magistrates
Court Act 1987; and
(c) in relation to a tribunal - by the
chairperson of the tribunal or a person or
body authorised by an Act to make rules
for the purposes of that tribunal.
(3) Nothing in this section enables the issuing of
rules, guidelines, or directions, that are
inconsistent with this Act or the regulations.
31. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
41
Court Security Act 2017
Act No. of
s. 32 Part 5 - Miscellaneous
(3) The regulations may authorise any matter to be
determined, applied or regulated by -
(a) in the case of the Supreme Court - the
Chief Justice or another person specified
in the regulations; or
(b) in the case of the Magistrates Court - the
Chief Magistrate or another person
specified in the regulations; or
(c) in the case of a court of petty sessions -
the Chief Clerk of Petty Sessions; or
(d) in the case of court premises being used
under the Coroners Act 1995 - a coroner;
or
(e) in the case of a tribunal - a person
specified, in relation to the tribunal, in
the regulations.
(4) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
32. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Justice; and
42
Court Security Act 2017
Act No. of
Part 5 - Miscellaneous s. 33
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
33. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
34. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
43
Court Security Act 2017
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Section 33
Admission to Courts Act 1916 (No. 12 of 1916)
44
Court Security Act 2017
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION RESCINDED
Section 34
Admission to Courts (Lower Courts) Regulations 2016 (No.
106 of 2016)
Admission to Courts (Supreme Court) Regulations 2016 (No.
107 of 2016)
Government Printer, Tasmania 45