Australian Capital Territory
Court Security Act 2001     No 47
Republication No 1
Republication date: 12 September 2001
Act not amended up to this date
Provisions effective to 12 July 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Court Security Act 2001 as in force on 12 September 2001.  It includes any commencement, amendment, repeal or expiry affecting the republished law up to 12 July 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Provisions effective to
12 July 2001

Australian Capital Territory
Court Security Act 2001

Contents
	Page

	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Right of entry etc to court premises	2
	6	Powers under Act additional to other powers	3
	7	Security officer to be identified before exercising powers	4
	8	Person may be required to state name etc	4
	9	Searches	5
	10	Seizure and forfeiture of firearms etc	6
	11	Security officer may require thing that may hide firearms etc to be left	6
	12	Unlawful, disorderly conduct etc	6
	13	Contravention of requirement of security officer	7
	14	Obstruction etc of security officer	8
	15	Judge or magistrate may close court premises	8
	16	Security officers	9
	17	Identity cards for security officers	10
	18	Delegation of chief executive’s functions	11
	19	Regulation-making power	11
Dictionary		12
Endnotes
	1	About the endnotes	15
	2	Abbreviation key	15
	3	Legislation history	16
	4	Amendment history	16

Provisions effective to
12 July 2001

Australian Capital Territory
Court Security Act 2001

An Act about court security

    

1	Name of Act
This Act is the Court Security Act 2001.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘firearm—see the Firearms Act 1996, section 4.’ means that the expression ‘firearm’ is defined in section 4 of that Act and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5), for the legal status of notes.
5	Right of entry etc to court premises
	(1)	A person has a right to enter and remain in an area of court premises that is open to the public if—
	(a)	the person complies with all orders made by a judge or magistrate, whether under this Act or otherwise; and
	(b)		the person complies with all the requirements made under this Act by a security officer; and
	(c)	if the person wishes to enter or remain in a courtroom where a court is sitting or about to sit—there is seating for the person in the courtroom.
	(2)	This section is subject to—
	(a)	the Children and Young People Act 1999, section 61 (Proceedings not open to public); and
	(b)	the Consumer Credit (Administration) Act 1996, section 85 (2) (Hearings); and
	(c)	the Discrimination Act 1991, section 92 (2) (Procedure); and
	(d)	the Evidence Act 1971, section 76D (Proceedings in camera); and
	(e)	the Evidence (Miscellaneous Provisions) Act 1991, section 7 (Consequential orders); and
	(f)	the Inquiries Act 1991, section 21 (3) (Power to hold); and
	(g)	the Magistrates Court (Civil Jurisdiction) Act 1982, sections 181 (Hearings to be in public except in special circumstances), 423 (Persons entitled to be present) and 435 (Public nature of inquiries); and
	(h)	the Mental Health (Treatment and Care) Act 1994, section 95 (Proceedings to be in private); and
	(i)	the Royal Commissions Act 1991, section 28 (3) (Power to hold); and
	(j)	the inherent jurisdiction of a court to regulate its proceedings; and
	(k)	any other law in force in the Territory about the people who may be present in a court or on court premises.
6	Powers under Act additional to other powers
The powers under this Act are additional to any other powers that a court, judge, magistrate, police officer, sheriff’s officer or anyone else has apart from this Act.
7	Security officer to be identified before exercising powers
	(1)	A security officer who is not a police officer or sheriff’s officer may exercise a power under this Act in relation to a person only if—
	(a)	the officer first identifies himself or herself as a security officer if it is practicable to do so; and
	(b)	the officer produces his or her identity card for inspection by the person if the person asks the officer to do so.
	(2)	A security officer who is a police officer or sheriff’s officer and is not in uniform may exercise a power under this Act in relation to a person only if—
	(a)	the officer first identifies himself or herself as a police officer or sheriff’s officer if it is practicable to do so; and
	(b)	the officer produces evidence that he or she is a police officer or sheriff’s officer if the person asks the officer to do so.
	(3)	If a security officer fails to comply with this section in relation to a person, the person is not obliged to comply with a requirement made by the officer.
8	Person may be required to state name etc
	(1)		If a security officer believes on reasonable grounds that a person entering or on court premises is behaving unlawfully, is behaving in a disorderly or menacing way or is a threat to court security, the security officer may require the person to tell the officer—
	(a)	the person’s name; and
	(b)	the person’s reason for entering or being on the premises.
	(2)	A person must not, without reasonable excuse, fail to tell a security officer the person’s name, or the person’s reason for entering or being on the court premises, when required to do so under subsection (1).
Maximum penalty:  5 penalty units.
	(3)	A person must not give a name, or other information, that is false or misleading in a material particular in purported compliance with a requirement under subsection (1).
Maximum penalty:  20 penalty units.
9	Searches
	(1)	A security officer may require a person entering or on court premises to do any of the following:
	(a)	to undergo a screening search;
	(b)	to allow anything in the person’s possession to be subjected to a screening search;
	(c)	to open and empty out the person’s pockets;
	(d)	to open or empty a briefcase, bag or container (for example, a box or carton) the person is carrying or is otherwise in the person’s possession or allow the security officer to search anything the person is carrying or is otherwise in the person’s possession.
	(2)	A security officer may make a requirement under this section only if the officer believes on reasonable grounds that it is necessary to make the requirement in the interests of court security for the purpose of detecting firearms, explosives or offensive weapons.
	(3)	If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty:  50 penalty units.
	(4)	A security officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is necessary to conduct the search.
10	Seizure and forfeiture of firearms etc
	A security officer may seize a firearm, explosive or offensive weapon that a person entering or on court premises is carrying or otherwise has in his or her possession.
11	Security officer may require thing that may hide firearms etc to be left
	(1)	A security officer may require a person entering or on court premises with anything to leave the thing with the officer if the officer believes on reasonable grounds that the thing may contain a firearm, explosive or offensive weapon or be used as an offensive weapon.
	(2)	If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty:  50 penalty units, 6 months imprisonment or both.
	(3)	If a person leaves something with a security officer under this section, the person is entitled, on request to a security officer, to the return of the thing when the person leaves the court premises.
12	Unlawful, disorderly conduct etc
	(1)	If a security officer believes on reasonable grounds that a person entering or on court premises is behaving unlawfully or in a disorderly or menacing way, the officer may require the person not to enter, or to leave, the court premises.
	(2)	However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
	(3)	For this section, a person is required to attend a court if—
	(a)	the person is a lawyer who is to appear before the court; or
	(b)	the person is a party to a proceeding being heard, or about to be heard, by the court; or
	(c)	the person is required to attend the court by a summons, subpoena or other court process or order; or
	(d)	the person is accompanying a person mentioned in paragraph (a) to (c).
	(4)	A person must not contravene a requirement under this section.
Maximum penalty:  50 penalty units, 6 months imprisonment or both.
13	Contravention of requirement of security officer
	(1)	If a person contravenes a requirement of a security officer under section 8 (Person may be required to state name etc), 9 (Searches) or 11 (Security officer may require thing that may hide firearms etc to be left), a security officer may require the person—
	(a)	not to enter the court premises or a part of the court premises; or
	(b)	to immediately leave the court premises or a part of the court premises.
	(2)	However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
	(3)	For this section, a person is required to attend a court if—
	(a)	the person is a lawyer who is to appear before the court; or
	(b)	the person is a party to a proceeding being heard, or about to be heard, by the court; or
	(c)	the person is required to attend the court by a summons, subpoena or other court process or order; or
	(d)	the person is accompanying a person mentioned in paragraph (a) to (c).
	(4)	A person must not contravene a requirement under this section.
Maximum penalty:  50 penalty units.
	(5)	A security officer may prevent a person from entering court premises or a part of court premises in contravention of a requirement under this section or section 12.
	(6)	If a person on court premises contravenes a requirement under this section or section 12, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
14	Obstruction etc of security officer
A person must not, without reasonable excuse, hinder or obstruct a security officer in the exercise of a function under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
15	Judge or magistrate may close court premises
	(1)	If a judge or magistrate considers it necessary for securing order and safety in court premises or a part of court premises, the judge or magistrate may—
	(a)	order members of the public generally, or stated members of the public, to leave the court premises or a part of the court premises; or
	(b)	order members of the public generally, or stated members of the public, not to be admitted to the court premises or a part of the court premises.
	(2)	A person must not contravene an order of a judge or magistrate under this section.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	A security officer may prevent a person from entering court premises or a part of court premises in contravention of an order under this section.
	(4)	If a person on court premises contravenes an order under this section, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
16	Security officers
	(1)	The chief executive may, in writing, appoint a person (other than a police officer or sheriff’s officer) to be a security officer.
Note	Each police officer and sheriff’s officer is a security officer.
	(2)	The chief executive may appoint a person as a security officer only if the chief executive is satisfied the person—
	(a)	is registered as an employee under the industry code; and
	(b)	has not committed an offence against this Act or has not been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; and
	(c)	is capable of competently exercising the functions of a security officer under this Act.
	(3)	The chief executive may, in writing, revoke the appointment of a person as a security officer if—
	(a)	the person ceases to be registered as an employee under the industry code; or
	(b)	the person ceases to be employed by a person registered as a principal under the industry code; or
	(c)	the person commits an offence against this Act or has been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; or
	(d)	the person is not capable of competently exercising the functions of a security officer under this Act; or
	(e)	the chief executive and the person agree to the revocation.
	(4)	In this section:
industry code means the Guard and Patrol Services Industry Code of Practice prescribed by regulations made under the Fair Trading Act 1992, and includes that code of practice as amended and in force from time to time.
17	Identity cards for security officers
	(1)	The chief executive must issue an identity card to each security officer who is not a police officer or sheriff’s officer.
	(2)	The identity card must—
	(a)	state that the person to whom the card is issued is a security officer for this Act; and
	(b)	show—
	(i)	a recent photograph of the person; and
	(ii)	the name of the person; and
	(iii)	the date of issue of the card; and
	(iv)	a date of expiry of the card; and
	(v)	anything else prescribed under the regulations.
	(3)	A security officer who is not a police officer or sheriff’s officer must—
	(a)	at all times while on duty at court premises wear his or her identity card so it is clearly visible; and
	(b)	produce it for inspection by a person if the person asks the security officer to do so.
Maximum penalty:  1 penalty unit.
	(4)	A person appointed as a security officer who ceases to be a security officer must return his or her identity card to the chief executive as soon as practicable, but within 21 days after ceasing to be a security officer.
Maximum penalty:  1 penalty unit.
18	Delegation of chief executive’s functions
The chief executive may, in writing, delegate to a public servant all or any of the chief executive’s functions under this Act.
19	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary
(see s 3)
assistant sheriff means a person who is appointed under the Supreme Court Act 1933, section 53 (Sheriff’s assistants).
court means—
	(a)	the Supreme Court; or
	(b)	the Magistrates Court; or
	(c)	the Childrens Court; or
	(d)	the Coroner’s Court; or
	(e)	the administrative appeals tribunal; or
	(f)	the credit tribunal; or
	(g)	the discrimination tribunal; or
	(h)	the guardianship tribunal; or
	(i)	the mental health tribunal; or
	(j)	the residential tenancies tribunal; or
	(k)	the tenancy tribunal established under the Tenancy Tribunal Act 1994; or
	(l)	a board of inquiry established under the Inquiries Act 1991; or
	(m)	a royal commission established under the Royal Commissions Act 1991; or
	(n)	a judicial commission established under the Judicial Commissions Act 1994; or
	(o)	a court prescribed under the regulations; or
	(p)	any other tribunal or entity that is authorised to hear, receive and examine evidence and is prescribed under the regulations.
court premises means the premises or place where a court is held or that is used in relation to the operations of a court, and includes—
	(a)	a forecourt, courtyard, yard or area used with court premises; and
	(b)	a part of premises or a place used as an entrance to or exit from court premises.
custodial escort means a person who is appointed as an escort under the Custodial Escorts Act 1998.
deputy sheriff means a person who is appointed as a deputy sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointment).
explosive—see the Dangerous Goods Act 1975, section 4.
firearm—see the Firearms Act 1996, section 4.
judge means a judge, or the master, of the Supreme Court, and includes a person prescribed under the regulations for this definition.
magistrate includes a person prescribed under the regulations for this definition.
offensive weapon means—
	(a)	anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or
	(b)	anything intended for that use by the person who is carrying it or otherwise has it in his or her possession;
and includes an imitation or replica of an offensive weapon.
screening search means—
	(a)	for a search of a person—a search by equipment designed to conduct the search without touching the person; and
	(b)	for a search of a thing—a search by equipment designed to conduct the search without touching the thing or requiring it to be opened.
security officer means—
	(a)	a police officer; or
	(b)	a sheriff’s officer; or
	(c)	a person who is appointed as a security officer under section 16 (Security officers).
sheriff means the person appointed as the sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointment).
sheriff’s officer means the sheriff, an assistant sheriff or a deputy sheriff.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	

3	Legislation history
Court Security Act 2001 No 47
notified 12 July 2001 (Gaz 2001 No 28)
commenced 12 July 2001 (s 2)
4	Amendment history
Commencement
s 2	om R1 (LA s 89 (4))
Dictionary
	def function om R1 (LA)

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001