Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Court Security Bill 2013
No. , 2013
(Attorney-General)
A Bill for an Act to enhance the security of persons
and premises connected with courts, and for related
purposes
Court Security Bill 2013 No. , 2013 i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Object of this Act ............................................................................... 2
4
Simplified outline of this Act ............................................................. 2
5
Definitions ......................................................................................... 4
6
Orders identifying court premises ...................................................... 7
7
This Act binds the Crown .................................................................. 9
8
Extension to external Territories ........................................................ 9
Part 2--Security officers and authorised court officers
10
Division 1--Appointment of security officers and authorised
court officers
10
9
Appointment of security officers ..................................................... 10
10
Appointment of authorised court officers ........................................ 10
11
Appointment may relate to any court premises ................................ 10
12
Identity cards ................................................................................... 10
13
Exception to requirement to issue identity card ............................... 11
Division 2--Requests that may be made of persons seeking to
enter, or on, court premises
12
14
Requests relating to screening etc. ................................................... 12
15
Requests relating to identification etc. ............................................. 12
16
Requests to leave dangerous items for safekeeping ......................... 13
17
Requests relating to recording, data storage and transmitting
devices ............................................................................................. 14
18
Offence--non-compliance with a request under section 17 ............ 17
19
Requests to undergo a frisk search ................................................... 17
Division 3--Power to refuse entry to or direct a person to leave
court premises etc.
19
20
Non-compliance with request under Division 2 ............................... 19
21
Harassment etc. ................................................................................ 19
22
General directions power ................................................................. 19
23
Offence--non-compliance with a direction ..................................... 20
Division 4--Power to prevent entry to or remove a person from
court premises etc.
21
24
Non-compliance with a request under Division 2 or direction
under Division 3 .............................................................................. 21
25
Harassment etc. ................................................................................ 21
ii Court Security Bill 2013 No. , 2013
26
Use of force in exercising power under this Division ...................... 21
27
Power to seize dangerous item ......................................................... 22
28
Power to detain a person .................................................................. 23
Division 5--Power to escort people to and from court premises
24
29
Security officer may escort people .................................................. 24
30
Use of force in escorting .................................................................. 24
31
General directions power ................................................................. 24
32
Offence--non-compliance with a direction ..................................... 24
Division 6--General provisions about exercise of security
officers' and authorised court officers' powers
26
33
Where powers may be exercised ...................................................... 26
34
Production of identification when exercising power as a
security officer or an authorised court officer .................................. 26
Division 7--Complaints about security officers and authorised
court officers
28
35
Complaints about security officers and authorised court
officers ............................................................................................. 28
36
Reports to Ombudsman about complaints ....................................... 28
37
Complaints to administrative head of Family Court of
Western Australia ............................................................................ 29
Part 3--Offences
30
38
Offence--possessing weapon on court premises ............................. 30
39
Offence--making an unauthorised recording or transmission
on court premises ............................................................................. 30
40
Offence--obstructing entry to, or activity on, court premises ......... 32
Part 4--Court security orders
33
41
Making a court security order .......................................................... 33
42
Application for a court security order .............................................. 35
43
Interim court security order ............................................................. 35
44
When a court security order has effect ............................................. 36
45
Variation and revocation .................................................................. 36
46
Offence--non-compliance with a court security order .................... 36
47
Maker of court security order need not be disqualified from
certain proceedings .......................................................................... 36
Part 5--Miscellaneous
37
48
Immunity of security officers and authorised court officers ............ 37
49
Compensation for damage to recording, data storage or
transmitting devices ......................................................................... 37
50
Relationship between this Act and other powers and laws .............. 38
Court Security Bill 2013 No. , 2013 iii
51
Delegation ........................................................................................ 38
52
Regulations ...................................................................................... 39
Court Security Bill 2013 No. , 2013 1
A Bill for an Act to enhance the security of persons
1
and premises connected with courts, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Court Security Act 2013.
8
Part 1 Preliminary
Section 2
2 Court Security Bill 2013 No. , 2013
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
52
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Object of this Act
13
The main object of this Act is to ensure:
14
(a) the secure and orderly operation of courts; and
15
(b) the safety of persons on, and going to and from, court
16
premises.
17
4 Simplified outline of this Act
18
(1) The following is a simplified outline of this Act.
19
Preliminary Part 1
Section 4
Court Security Bill 2013 No. , 2013 3
(2) The rest of this Part defines terms used in this Act and deals with
1
the scope of this Act.
2
(3) Part 2 provides for the appointment and powers of security officers
3
and authorised court officers in relation to court premises, and
4
complaints about the exercise of those powers by those officers.
5
The powers include:
6
(a) requesting a person who is seeking to enter, or is on, court
7
premises to:
8
(i) undergo screening or a frisk search; or
9
(ii) give the person's name and address and evidence of the
10
person's identity; or
11
(iii) leave dangerous items or recording or transmitting
12
devices; and
13
(b) refusing a person entry to court premises, preventing a person
14
from entering court premises, directing a person to leave
15
court premises or removing a person from court premises, if:
16
(i) the person does not comply with a request; or
17
(ii) the person is harassing or intimidating a person on the
18
premises, threatening violence to a person or property
19
on the premises or committing an offence on the
20
premises; and
21
(c) escorting a person to and from court premises, and giving
22
directions in the course of doing so.
23
(4) Part 3 prohibits certain conduct connected with court premises,
24
including:
25
(a) possessing a weapon on court premises; and
26
(b) making an unauthorised recording or transmission of
27
proceedings in a court or associated events, in certain parts of
28
court premises; and
29
(c) unreasonably obstructing a person's entry to, or activity on,
30
court premises.
31
(5) Part 4 allows certain members of certain courts to make orders to
32
prevent ongoing disruption of those courts or violence affecting
33
persons or property connected with those courts.
34
(6) Part 5 deals with various matters.
35
Part 1 Preliminary
Section 5
4 Court Security Bill 2013 No. , 2013
5 Definitions
1
In this Act:
2
administrative head of a court means the person identified in the
3
table for the court:
4
5
Administrative head of a court
Court
Administrative head
1 High Court
Chief Executive and Principal Registrar
appointed under section 18 of the High Court of
Australia Act 1979
2 Federal Court of
Australia
Registrar appointed under section 18C of the
Federal Court of Australia Act 1976
3 Family Court of
Australia
Chief Executive Officer appointed under
section 38C of the Family Law Act 1975
4 Military Court
of Australia
Registrar appointed under section 18C of the
Federal Court of Australia Act 1976
5 Family Court of
Western
Australia
Director General of the Department of the
Attorney General of Western Australia or, if no
such position exists, a person prescribed by the
regulations
6 Federal Circuit
Court of
Australia
Chief Executive Officer, within the meaning of
the Federal Circuit Court of Australia Act 1999
7 A federal court
not covered by
item 1, 2, 3, 4 or
6
The chief officer, other than a judicial officer,
with responsibility for managing, or assisting a
judicial officer in managing, the administrative
affairs of the court
8 Administrative
Appeals
Tribunal
Registrar appointed under section 24C of the
Administrative Appeals Tribunal Act 1975
9 Tribunal
covered by
paragraph (d) of
the definition of
court
Person prescribed by the regulations for the
tribunal
AFP member means:
6
Preliminary Part 1
Section 5
Court Security Bill 2013 No. , 2013 5
(a) a member of the Australian Federal Police (as defined in the
1
Australian Federal Police Act 1979); or
2
(b) a special member (as defined in that Act).
3
authorised court officer means a person appointed under
4
section 10 as an authorised court officer.
5
court means:
6
(a) a federal court; or
7
(b) the Family Court of Western Australia; or
8
(c) the Administrative Appeals Tribunal; or
9
(d) a tribunal that is prescribed by the regulations for the
10
purposes of this paragraph.
11
court premises means:
12
(a) any premises occupied or used (whether permanently or
13
temporarily or under a lease or otherwise) in connection with
14
the sittings, or any other operations, of a court; or
15
(b) premises specified in an order in force under section 6.
16
Note:
Some examples of premises occupied or used in connection with the
17
sittings or other operations of a court include:
18
(a) a courthouse; and
19
(b) premises containing a registry of a court; and
20
(c) premises used to enable a person to appear before a court by
21
means of facilities that enable audio and/or visual
22
communications between persons at different places; and
23
(d) court parking areas, driveways, courtyards and forecourts.
24
court security order means an order made under Part 4.
25
dangerous item means:
26
(a) a weapon; or
27
(b) an item that is or could be used in a dangerous or threatening
28
way.
29
data storage device means any article or material (for example, a
30
disk) from which a recording can be reproduced, with or without
31
the aid of any other article or device.
32
frisk search means:
33
Part 1 Preliminary
Section 5
6 Court Security Bill 2013 No. , 2013
(a) a search of a person conducted by quickly running the hands
1
over the person's outer garments; and
2
(b) an examination of anything worn or carried by the person
3
that is conveniently and voluntarily removed by the person.
4
identity card means:
5
(a) an identity card issued under section 12; or
6
(b) an identity card described in section 13.
7
member of a court means:
8
(a) a Justice (including a Chief Justice) of a court; or
9
(b) a Judge (including a Chief Judge or Deputy Chief Judge) of a
10
court; or
11
(c) a registrar or a deputy registrar of a court; or
12
(d) a member (however described) of the Administrative Appeals
13
Tribunal or a tribunal that is prescribed by the regulations for
14
the purposes of paragraph (d) of the definition of court.
15
police officer means:
16
(a) an AFP member; or
17
(b) a member (however described) of a police force of a State or
18
Territory.
19
premises means:
20
(a) an area of land or any other place (whether or not it is
21
enclosed or built-on); or
22
(b) a building or other structure; or
23
(c) a part of any such premises.
24
recording device means a device for recording one or more of the
25
following:
26
(a) sound;
27
(b) still or moving images.
28
screening equipment means a metal detector or a device for
29
detecting objects or particular substances.
30
security officer means:
31
(a) a person appointed under section 9 as a security officer; or
32
Preliminary Part 1
Section 6
Court Security Bill 2013 No. , 2013 7
(b) any of the following:
1
(i) an AFP member;
2
(ii) a protective service officer (as defined in the Australian
3
Federal Police Act 1979);
4
(iii) a special protective service officer (as defined in that
5
Act).
6
transmitting device means a device for transmitting one or more of
7
the following:
8
(a) sound;
9
(b) still or moving images;
10
regardless of the means and form of the transmission and
11
regardless of what equipment is needed to make any sound
12
transmitted by the device readily audible and any images
13
transmitted by the device readily visible.
14
undergo a screening procedure: a person undergoes a screening
15
procedure if:
16
(a) the person walks, or is moved, through screening equipment;
17
or
18
(b) handheld screening equipment is passed over or around the
19
person or around things in the person's possession; or
20
(c) things in the person's possession are passed through
21
screening equipment or examined by X-ray.
22
6 Orders identifying court premises
23
(1) The administrative head of a court may make a written order (a
24
court premises order) specifying particular premises for the
25
purposes of paragraph (b) of the definition of court premises in
26
section 5.
27
(2) The administrative head of a court may make a court premises
28
order in respect of particular premises only if he or she is satisfied
29
that the premises are likely to be occupied or used (whether
30
permanently or temporarily or under a lease or otherwise) in
31
connection with a sitting, proceeding or any other operation of the
32
court.
33
(3) A court premises order:
34
Part 1 Preliminary
Section 6
8 Court Security Bill 2013 No. , 2013
(a) must describe the premises to which it relates; and
1
(b) has effect:
2
(i) for the period specified in the order (unless it is revoked
3
before the end of that period); or
4
(ii) if no period is so specified--until it is revoked.
5
Note:
Subsection 33(3) of the Acts Interpretation Act 1901 deals with
6
revocation.
7
(4) If the administrative head of a court makes a court premises order,
8
he or she must give notice of the order to any person likely to be
9
directly affected by the order.
10
(5) The administrative head of a court may give notice of a court
11
premises order as required by subsection (4):
12
(a) by doing both of the following:
13
(i) ensuring that, before the premises to which the order
14
relates are occupied or used as mentioned in
15
subsection (2), a copy of the order is posted in a
16
prominent place in the vicinity of the premises;
17
(ii) ensuring that, if the premises are occupied or used for
18
the purposes of a sitting or proceeding, an
19
announcement is made at the beginning of, or during,
20
the sitting or proceeding describing the order and the
21
effect of the order; and
22
(b) if regulations described in subsection (6) are in force in
23
relation to the giving of such notice--by complying with the
24
requirements prescribed by the regulations.
25
(6) The regulations may make provision for one or more of the
26
following in relation to the giving of notice as required by
27
subsection (4):
28
(a) the form of the notice;
29
(b) the manner of giving the notice;
30
(c) the content of the notice.
31
(7) A court premises order is not a legislative instrument.
32
Preliminary Part 1
Section 7
Court Security Bill 2013 No. , 2013 9
7 This Act binds the Crown
1
(1) This Act binds the Crown in each of its capacities.
2
(2) This Act does not make the Crown liable to be prosecuted for an
3
offence.
4
8 Extension to external Territories
5
This Act extends to every external Territory.
6
Part 2 Security officers and authorised court officers
Division 1 Appointment of security officers and authorised court officers
Section 9
10 Court Security Bill 2013 No. , 2013
Part 2--Security officers and authorised court
1
officers
2
Division 1--Appointment of security officers and
3
authorised court officers
4
9 Appointment of security officers
5
The administrative head of a court may appoint in writing a person
6
who has the qualifications prescribed by the regulations as a
7
security officer for court premises generally or for specified court
8
premises.
9
Note:
Under section 33, a security officer appointed under this section may
10
exercise powers as a security officer at court premises only if licensed
11
under the law of a State or Territory to guard property or prescribed by
12
the regulations.
13
10 Appointment of authorised court officers
14
The administrative head of a court may appoint in writing a person
15
who has completed the training prescribed by the regulations as an
16
authorised court officer for court premises generally or for
17
specified court premises.
18
11 Appointment may relate to any court premises
19
The administrative head of a court (the appointer) may appoint a
20
person as a security officer or an authorised court officer for:
21
(a) court premises of the court of which the appointer is the
22
administrative head; or
23
(b) other court premises.
24
12 Identity cards
25
(1) An administrative head of a court must issue an identity card to a
26
person appointed by the administrative head as a security officer or
27
an authorised court officer.
28
Security officers and authorised court officers Part 2
Appointment of security officers and authorised court officers Division 1
Section 13
Court Security Bill 2013 No. , 2013 11
Form of identity card
1
(2) The identity card must:
2
(a) be in the form prescribed by the regulations; and
3
(b) contain a recent photograph of the person.
4
Offence
5
(3) A person commits an offence if:
6
(a) the person has been issued with an identity card under
7
subsection (1); and
8
(b) the person ceases to be a security officer or an authorised
9
court officer; and
10
(c) the person does not, as soon as practicable after so ceasing,
11
return the identity card to the administrative head of the court
12
whose administrative head appointed the person as a security
13
officer or an authorised court officer.
14
Penalty: 1 penalty unit.
15
(4) An offence against subsection (3) is an offence of strict liability.
16
Note:
For strict liability, see section 6.1 of the Criminal Code.
17
Defence--card lost or destroyed
18
(5) Subsection (3) does not apply if the identity card was lost or
19
destroyed.
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (5): see subsection 13.3(3) of the Criminal Code.
22
13 Exception to requirement to issue identity card
23
An administrative head of a court is not required to issue an
24
identity card under section 12 to a person if:
25
(a) the person holds an identity card issued to the person by:
26
(i) a State or Territory authority responsible for licensing
27
persons to guard property; or
28
(ii) a person or body prescribed by the regulations; and
29
(b) the identity card contains a recent photograph of the person.
30
Part 2 Security officers and authorised court officers
Division 2 Requests that may be made of persons seeking to enter, or on, court
premises
Section 14
12 Court Security Bill 2013 No. , 2013
Division 2--Requests that may be made of persons seeking
1
to enter, or on, court premises
2
14 Requests relating to screening etc.
3
(1) A security officer may request a person who is seeking to enter, or
4
is on, court premises to undergo a screening procedure.
5
(2) A security officer or an authorised court officer may request a
6
person who is seeking to enter, or is on, court premises to do any of
7
the following:
8
(a) remove his or her overcoat, coat or jacket and any gloves,
9
shoes or hat;
10
(b) remove items from his or her pockets;
11
(c) produce an item in the person's possession for inspection;
12
(d) if a security officer or an authorised court officer reasonably
13
believes that an item in the person's possession may be a
14
dangerous item--answer reasonable questions about the item.
15
Note:
Divisions 3 and 4 deal with the powers of security officers and
16
authorised court officers if the person does not comply with the
17
request.
18
15 Requests relating to identification etc.
19
(1) A security officer or an authorised court officer may request that a
20
person who is seeking to enter, or is on, court premises:
21
(a) inform a security officer or an authorised court officer of the
22
person's name, residential address and reason for seeking to
23
enter, or being on, court premises; and
24
(b) provide evidence of identity;
25
if a security officer or an authorised court officer reasonably
26
believes that the person:
27
(c) is harassing or intimidating another person; or
28
(d) is causing a reasonable apprehension of either violence to a
29
person on the court premises or damage to the court
30
premises; or
31
Security officers and authorised court officers Part 2
Requests that may be made of persons seeking to enter, or on, court premises Division
2
Section 16
Court Security Bill 2013 No. , 2013 13
(e) is significantly disrupting proceedings of a court,
1
administration of a court or lawful activities on the court
2
premises; or
3
(f) has committed, is likely to commit or intends to commit an
4
offence on, or in relation to, the court premises.
5
Note:
Divisions 3 and 4 deal with the powers of security officers and
6
authorised court officers if the person does not comply with the
7
request.
8
(2) A person commits an offence if:
9
(a) a security officer or an authorised court officer makes a
10
request of the person under subsection (1); and
11
(b) when, or as soon as practicable after, making the request, the
12
officer informs the person that the person may commit an
13
offence if he or she does not:
14
(i) comply with the request; or
15
(ii) if the person is on court premises--immediately leave
16
the premises; or
17
(iii) if the person is seeking to enter court premises--cease
18
to seek to enter the premises; and
19
(c) the person does not do any of those things.
20
Penalty: 20 penalty units.
21
16 Requests to leave dangerous items for safekeeping
22
(1) A security officer or an authorised court officer may request a
23
person who is seeking to enter, or is on, court premises to give a
24
dangerous item to a security officer or an authorised court officer
25
for safekeeping while the person is on court premises.
26
Note:
Divisions 3 and 4 deal with the powers of security officers and
27
authorised court officers if the person does not comply with the
28
request.
29
(2) If a security officer or an authorised court officer has been given a
30
dangerous item under subsection (1), the officer must return the
31
item to the person when the person is about to leave the court
32
premises, if requested to do so by the person.
33
Part 2 Security officers and authorised court officers
Division 2 Requests that may be made of persons seeking to enter, or on, court
premises
Section 17
14 Court Security Bill 2013 No. , 2013
(3) Despite subsection (2), a security officer or an authorised court
1
officer may seize a dangerous item that a person has given to a
2
security officer or an authorised court officer under subsection (1),
3
if a security officer or an authorised court officer reasonably
4
suspects that:
5
(a) the dangerous item has been, or is likely to be, used in the
6
commission of an offence on the court premises; or
7
(b) the dangerous item is a firearm or other weapon whose
8
possession by the person is prohibited by a law of the State or
9
Territory in which the court premises are located; or
10
(c) returning the item under subsection (2) is likely to give rise to
11
an imminent threat to the safety of any person.
12
(4) Despite subsection (2), a security officer or an authorised court
13
officer who seizes a dangerous item under subsection (3) must give
14
the item to a police officer as soon as reasonably practicable.
15
17 Requests relating to recording, data storage and transmitting
16
devices
17
Request to give device to a security officer or an authorised court
18
officer
19
(1) A security officer or an authorised court officer may request a
20
person who is seeking to enter, or is on, court premises to give a
21
recording device, a data storage device or a transmitting device to a
22
security officer or an authorised court officer, if the officer making
23
the request reasonably suspects that the device has been, is being or
24
will be used for:
25
(a) making or storing a recording (an unauthorised recording)
26
covered by subsection (2); or
27
(b) making a transmission (an unauthorised transmission)
28
covered by subsection (2).
29
Note:
Non-compliance with the request may be an offence against
30
section 18.
31
(2) This subsection covers a recording or transmission that either:
32
Security officers and authorised court officers Part 2
Requests that may be made of persons seeking to enter, or on, court premises Division
2
Section 17
Court Security Bill 2013 No. , 2013 15
(a) is or will be of proceedings in a court and was, is or will be
1
made without express permission of a member of the court;
2
or
3
(b) is or will be of another event relating to proceedings or
4
proposed proceedings in a court on the court premises and
5
was, is or will be made without express permission of the
6
administrative head of:
7
(i) a court in connection with whose sittings or other
8
operations the premises are used; or
9
(ii) a court whose administrative head made an order under
10
section 6 specifying the premises.
11
Seizure of device for non-compliance with request
12
(3) A security officer may seize a recording device, data storage
13
device or transmitting device from a person who is on court
14
premises and has not complied with a request under subsection (1)
15
to give the device to a security officer or an authorised court
16
officer.
17
Inspection and operation of device
18
(4) If a security officer or an authorised court officer has been given a
19
device by a person under subsection (1) or has seized a device from
20
a person under subsection (3), a security officer or an authorised
21
court officer may do one or more of the following for the purposes
22
of determining whether it has been, is being or will be used for
23
making or storing an unauthorised recording or for making an
24
unauthorised transmission:
25
(a) inspect the device;
26
(b) request the person to allow a security officer or an authorised
27
court officer to operate the device;
28
(c) request the person to help a security officer or an authorised
29
court officer to operate the device;
30
(d) request the person to operate the device.
31
Deletion of unauthorised recordings
32
(5) After the device has been inspected or operated under
33
subsection (4), a security officer or an authorised court officer may,
34
Part 2 Security officers and authorised court officers
Division 2 Requests that may be made of persons seeking to enter, or on, court
premises
Section 17
16 Court Security Bill 2013 No. , 2013
after informing the person that it may be an offence to use a
1
recording device to make an unauthorised recording or to use a
2
transmitting device to make an unauthorised transmission, make
3
either or both of the following requests of the person:
4
(a) a request not to use the device to make or store an
5
unauthorised recording or to make an unauthorised
6
transmission;
7
(b) a request to delete any unauthorised recordings from the
8
device.
9
Security officer's and authorised court officer's powers if request
10
under subsection (4) or (5) not complied with
11
(6) If a security officer or an authorised court officer makes a request
12
of a person under subsection (4) or (5) relating to a device and the
13
person does not comply with the request, a security officer or an
14
authorised court officer may:
15
(a) seize the device; and
16
(b) operate the device for the purposes of determining whether it
17
has been, is being or will be used for making or storing an
18
unauthorised recording or for making an unauthorised
19
transmission; and
20
(c) if the device is being used for making an unauthorised
21
recording or an unauthorised transmission--stop and
22
temporarily prevent that use of the device or give the device
23
to a police officer; and
24
(d) if there are any unauthorised recordings on the device--
25
either delete them or give the device to a police officer.
26
Note 1:
Non-compliance with the request may also be an offence against
27
section 18.
28
Note 2:
Section 49 provides for compensation if the device is damaged as a
29
result of certain action under this section.
30
(7) After the security officer or authorised court officer finishes
31
deleting unauthorised recordings from the device under
32
paragraph (6)(d), he or she must return the device to the person.
33
Security officers and authorised court officers Part 2
Requests that may be made of persons seeking to enter, or on, court premises Division
2
Section 18
Court Security Bill 2013 No. , 2013 17
18 Offence--non-compliance with a request under section 17
1
Request to give a device to a security officer or an authorised court
2
officer
3
(1) A person commits an offence if:
4
(a) a security officer or an authorised court officer makes a
5
request of the person under subsection 17(1); and
6
(b) when, or as soon as practicable after, making the request, the
7
officer informs the person that the person may commit an
8
offence if he or she does not:
9
(i) comply with the request; or
10
(ii) if the person is seeking to enter court premises--cease
11
to seek to enter the premises; and
12
(c) the person does not do either of those things.
13
Penalty: 20 penalty units.
14
Request relating to operation of device or deletion of unauthorised
15
recordings
16
(2) A person commits an offence if:
17
(a) a security officer or an authorised court officer makes a
18
request of the person under subsection 17(4) or (5); and
19
(b) when, or as soon as practicable after, making the request, the
20
officer informs the person that the person may commit an
21
offence if he or she does not comply with the request; and
22
(c) the person does not comply with the request.
23
Penalty: 20 penalty units.
24
19 Requests to undergo a frisk search
25
(1) A security officer may request a person who is seeking to enter, or
26
is on, court premises to undergo a frisk search.
27
(2) If the person agrees to undergo a frisk search, the search may be
28
conducted only by:
29
(a) a security officer of the same sex as the person; or
30
Part 2 Security officers and authorised court officers
Division 2 Requests that may be made of persons seeking to enter, or on, court
premises
Section 19
18 Court Security Bill 2013 No. , 2013
(b) if there is not a security officer of the same sex as the person
1
available to conduct the search--a member of the staff of a
2
court, who:
3
(i) is of the same sex as the person; and
4
(ii) has been requested by a security officer to conduct the
5
search; and
6
(iii) has agreed to the request; and
7
(iv) conducts the search in the presence of a security officer;
8
or
9
(c) if there is no-one available to conduct the search in
10
accordance with paragraph (a) or (b)--any security officer.
11
Security officers and authorised court officers Part 2
Power to refuse entry to or direct a person to leave court premises etc. Division 3
Section 20
Court Security Bill 2013 No. , 2013 19
Division 3--Power to refuse entry to or direct a person to
1
leave court premises etc.
2
20 Non-compliance with request under Division 2
3
A security officer or an authorised court officer may refuse a
4
person entry to court premises, or direct a person to leave court
5
premises, if:
6
(a) a security officer or an authorised court officer has made a
7
request of the person under Division 2; and
8
(b) the person does not comply with the request.
9
21 Harassment etc.
10
A security officer or an authorised court officer may refuse a
11
person entry to court premises, or direct a person to leave court
12
premises, if the officer reasonably believes that the person:
13
(a) is harassing or intimidating another person; or
14
(b) is causing a reasonable apprehension of either violence to a
15
person on the court premises or damage to the court
16
premises; or
17
(c) is significantly disrupting proceedings of a court,
18
administration of a court or lawful activities on the court
19
premises; or
20
(d) has committed, is likely to commit or intends to commit an
21
offence on or in relation to the court premises.
22
22 General directions power
23
(1) A security officer or an authorised court officer may direct a
24
person on court premises to do a thing, or not to do a thing, if the
25
officer reasonably believes that the person:
26
(a) is harassing or intimidating another person; or
27
(b) is causing a reasonable apprehension of either violence to a
28
person on the court premises or damage to the court
29
premises; or
30
Part 2 Security officers and authorised court officers
Division 3 Power to refuse entry to or direct a person to leave court premises etc.
Section 23
20 Court Security Bill 2013 No. , 2013
(c) is significantly disrupting proceedings of a court,
1
administration of a court or lawful activities on the court
2
premises; or
3
(d) has committed, is likely to commit or intends to commit an
4
offence on or in relation to the court premises.
5
(2) A direction under subsection (1) must be reasonable in the
6
circumstances for the purpose of:
7
(a) reducing or eliminating the harassment, the intimidation, the
8
apprehension of violence or damage or the disruption; or
9
(b) dealing with or preventing the offence.
10
23 Offence--non-compliance with a direction
11
A person commits an offence if:
12
(a) a security officer or an authorised court officer gives the
13
person a direction under section 20, 21 or 22; and
14
(b) when, or as soon as practicable after, giving the direction, the
15
officer informs the person that the person may commit an
16
offence if he or she does not comply with the direction; and
17
(c) the person does not comply with the direction.
18
Penalty: 20 penalty units.
19
Security officers and authorised court officers Part 2
Power to prevent entry to or remove a person from court premises etc. Division 4
Section 24
Court Security Bill 2013 No. , 2013 21
Division 4--Power to prevent entry to or remove a person
1
from court premises etc.
2
24 Non-compliance with a request under Division 2 or direction
3
under Division 3
4
A security officer may prevent a person from entering court
5
premises, or remove a person from court premises, if:
6
(a) a security officer or an authorised court officer has made a
7
request of the person under Division 2 or given the person a
8
direction under Division 3; and
9
(b) the person does not comply with the request or direction.
10
25 Harassment etc.
11
A security officer may prevent a person from entering court
12
premises, or remove a person from court premises, if the officer
13
reasonably believes that the person:
14
(a) is harassing or intimidating another person; or
15
(b) is causing a reasonable apprehension of either violence to a
16
person on the court premises or damage to the court
17
premises; or
18
(c) is significantly disrupting proceedings of a court,
19
administration of a court or lawful activities on the court
20
premises; or
21
(d) has committed, is likely to commit or intends to commit an
22
offence on or in relation to the court premises.
23
26 Use of force in exercising power under this Division
24
A security officer may use only such force as is necessary and
25
reasonable in the circumstances in exercising a power under
26
section 24 or 25 to prevent a person from entering court premises
27
or remove a person from court premises.
28
Part 2 Security officers and authorised court officers
Division 4 Power to prevent entry to or remove a person from court premises etc.
Section 27
22 Court Security Bill 2013 No. , 2013
27 Power to seize dangerous item
1
(1) A security officer (the seizing officer) may seize a dangerous item
2
from a person on court premises if either:
3
(a) the person has not complied with a request by a security
4
officer or an authorised court officer under section 16 for the
5
person to give the item to a security officer or an authorised
6
court officer for safekeeping; or
7
(b) the seizing officer reasonably believes that it is necessary to
8
seize the item:
9
(i) to stop an imminent threat to the safety of a person on
10
the court premises; or
11
(ii) to stop an imminent threat of serious damage to
12
property on the court premises; or
13
(iii) to prevent or stop the commission of an offence on the
14
court premises.
15
(2) A security officer may use only such force as is necessary and
16
reasonable in the circumstances in seizing a dangerous item under
17
this section.
18
(3) A security officer who seizes a dangerous item from a person
19
under this section must either:
20
(a) ensure that the item is given to a police officer as soon as
21
reasonably practicable; or
22
(b) return the item to the person when the person is about to
23
leave the premises, if the person requests the return of the
24
item and the security officer is satisfied of all of the
25
following:
26
(i) the item has not been, and is not likely to be, used in the
27
commission of an offence on the court premises;
28
(ii) the item is not a firearm or other weapon whose
29
possession by the person is prohibited by a law of the
30
State or Territory in which the court premises are
31
located;
32
(iii) returning the item to the person is not likely to give rise
33
to an imminent threat to the safety of any person.
34
Security officers and authorised court officers Part 2
Power to prevent entry to or remove a person from court premises etc. Division 4
Section 28
Court Security Bill 2013 No. , 2013 23
28 Power to detain a person
1
(1) A security officer may detain a person on court premises for the
2
purposes of delivering the person into the custody of a police
3
officer, if a security officer reasonably believes that the person:
4
(a) has committed, or attempted to commit, an offence on the
5
premises; and
6
(b) must be detained to prevent violence to a person on the court
7
premises or serious damage to the court premises.
8
(2) A security officer may use only such force as is necessary and
9
reasonable in the circumstances in detaining a person under this
10
section.
11
(3) A security officer who detains a person under this section:
12
(a) must ensure that the person is delivered into the custody of a
13
police officer as soon as possible to be dealt with according
14
to law for the alleged offence; and
15
(b) must inform the person in general terms of the alleged
16
offence, unless:
17
(i) it is reasonable to expect that the person knows of his or
18
her alleged commission of the offence or attempt to
19
commit it; or
20
(ii) it is impracticable for the security officer to do so.
21
Part 2 Security officers and authorised court officers
Division 5 Power to escort people to and from court premises
Section 29
24 Court Security Bill 2013 No. , 2013
Division 5--Power to escort people to and from court
1
premises
2
29 Security officer may escort people
3
A security officer may escort a person:
4
(a) from court premises to a nearby place where transport to
5
another place is available to the person; or
6
(b) to court premises from a nearby place to which the person
7
has been transported as part of a journey to the court
8
premises;
9
if the officer reasonably believes that escorting the person will
10
assist in ensuring the person's safety in connection with the
11
person's attendance at the court premises.
12
30 Use of force in escorting
13
In escorting a person under section 29, a security officer may use
14
only such force as is necessary and reasonable in the circumstances
15
to prevent or lessen an imminent threat to the safety of the person
16
or a security officer.
17
31 General directions power
18
A security officer may, in the course of escorting a person under
19
section 29, direct another person to do a thing, or not to do a thing,
20
if the officer reasonably believes that the direction is necessary in
21
the circumstances for the purpose of ensuring the safety of the
22
person or a security officer.
23
32 Offence--non-compliance with a direction
24
A person commits an offence if:
25
(a) a security officer gives the person a direction under
26
section 31; and
27
(b) when, or as soon as practicable after, giving the direction, the
28
officer informs the person that the person may commit an
29
offence if he or she does not comply with the direction; and
30
Security officers and authorised court officers Part 2
Power to escort people to and from court premises Division 5
Section 32
Court Security Bill 2013 No. , 2013 25
(c) the person does not comply with the direction.
1
Penalty: 20 penalty units.
2
Part 2 Security officers and authorised court officers
Division 6 General provisions about exercise of security officers' and authorised court
officers' powers
Section 33
26 Court Security Bill 2013 No. , 2013
Division 6--General provisions about exercise of security
1
officers' and authorised court officers' powers
2
33 Where powers may be exercised
3
A person appointed as a security officer or an authorised court
4
officer may exercise the powers, and perform the duties, of a
5
security officer or an authorised court officer in relation to court
6
premises only if:
7
(a) the premises are ones for which the person is appointed as a
8
security officer or an authorised court officer; and
9
(b) if the person is a security officer--the person is also:
10
(i) licensed under a law of a State or Territory to guard
11
property (whether or not the premises are in that State or
12
Territory); or
13
(ii) prescribed by the regulations.
14
Note:
This section does not limit any of the following persons in exercising
15
the powers, or performing the duties, of a security officer:
16
(a) an AFP member;
17
(b) a protective service officer (as defined in the Australian Federal
18
Police Act 1979);
19
(c) a special protective service officer (as defined in that Act).
20
34 Production of identification when exercising power as a security
21
officer or an authorised court officer
22
(1) When exercising a power, or performing a duty, as a security
23
officer or an authorised court officer in relation to a person, the
24
officer must carry:
25
(a) the officer's identity card, if the officer is appointed as a
26
security officer or an authorised court officer; or
27
(b) identification of the officer as any of the following, if the
28
officer is one of them:
29
(i) an AFP member;
30
(ii) a protective service officer (as defined in the Australian
31
Federal Police Act 1979);
32
Security officers and authorised court officers Part 2
General provisions about exercise of security officers' and authorised court officers'
powers Division 6
Section 34
Court Security Bill 2013 No. , 2013 27
(iii) a special protective service officer (as defined in that
1
Act).
2
(2) If the person requests the officer to show the person his or her
3
identity card or identification, the officer must:
4
(a) do so when requested; or
5
(b) if it is not reasonably practicable to do so when requested--
6
do so as soon as reasonably practicable after that.
7
(3) Despite subsection (2), if a security officer exercises a power under
8
Division 4, the officer must show the person the officer's identity
9
card before exercising the power, or if that is not reasonably
10
practicable, as soon as reasonably practicable after exercising the
11
power.
12
(4) Despite subsection (2), if a security officer gives a direction to a
13
person under section 31, the officer must show the person the
14
officer's identity card before giving the direction or, if that is not
15
reasonably practicable, as soon as reasonably practicable after
16
giving the direction.
17
Part 2 Security officers and authorised court officers
Division 7 Complaints about security officers and authorised court officers
Section 35
28 Court Security Bill 2013 No. , 2013
Division 7--Complaints about security officers and
1
authorised court officers
2
35 Complaints about security officers and authorised court officers
3
(1) A person may make a written complaint to the administrative head
4
of a court about conduct of a security officer or an authorised court
5
officer purporting to exercise a power or perform a duty under this
6
Act in relation to court premises that:
7
(a) are occupied or used in connection with sittings or other
8
operations of the court; or
9
(b) are the subject of an order made under section 6 by the
10
administrative head of the court.
11
Note:
Under the Ombudsman Act 1976, the Ombudsman may also
12
investigate such conduct, either because a complaint is made to the
13
Ombudsman or on his or her own initiative.
14
(2) The administrative head must deal with the complaint in
15
accordance with the regulations.
16
(3) This section does not apply to the administrative head of the
17
Family Court of Western Australia.
18
36 Reports to Ombudsman about complaints
19
(1) As soon as practicable after the end of a financial year, the
20
administrative head of a court must give the Ombudsman a report:
21
(a) stating whether any complaints were made to the
22
administrative head under section 35 in the financial year;
23
and
24
(b) if any such complaints were made--indicating how each of
25
them has been dealt with.
26
(2) This section does not apply to the administrative head of the
27
Family Court of Western Australia.
28
Security officers and authorised court officers Part 2
Complaints about security officers and authorised court officers Division 7
Section 37
Court Security Bill 2013 No. , 2013 29
37 Complaints to administrative head of Family Court of Western
1
Australia
2
(1) This section applies if an arrangement is in force between the
3
Commonwealth and Western Australia for the administrative head
4
of the Family Court of Western Australia to perform the duty
5
imposed by subsection (2).
6
(2) The administrative head must deal, in accordance with the
7
regulations, with a written complaint made by a person to the
8
administrative head about conduct of a security officer or an
9
authorised court officer purporting to exercise a power or perform
10
a duty under this Act in relation to court premises that:
11
(a) are occupied or used in connection with sittings or other
12
operations of the Family Court of Western Australia; or
13
(b) are the subject of an order made under section 6 by the
14
administrative head.
15
Part 3 Offences
Section 38
30 Court Security Bill 2013 No. , 2013
Part 3--Offences
1
2
38 Offence--possessing weapon on court premises
3
(1) A person must not possess a weapon on court premises.
4
Penalty: Imprisonment for 12 months.
5
(2) Subsection (1) does not apply to:
6
(a) the possession of a weapon by a member of a court, security
7
officer, authorised court officer, police officer or member of
8
staff of a court in the performance of his or her duties; or
9
(b) the possession of a weapon by a person in the performance of
10
duties that the person, or the person's employer, has under a
11
contract to assist the operation of a court; or
12
(c) the possession of a weapon that is, or is to be, evidence
13
before a court for whose sittings or other operations the court
14
premises are used or occupied.
15
Note:
A defendant bears an evidential burden in relation to the matter in
16
subsection (2): see subsection 13.3(3) of the Criminal Code.
17
39 Offence--making an unauthorised recording or transmission on
18
court premises
19
(1) A person in a building that is wholly court premises, or on court
20
premises that are merely part of a building, must not make a
21
recording or transmission of sound, or of one or more still or
22
moving images, associated with:
23
(a) proceedings in a court; or
24
(b) an event associated with proceedings or proposed
25
proceedings in a court.
26
Penalty: 30 penalty units.
27
(2) Subsection (1) does not apply to any of the following:
28
(a) a recording or transmission expressly permitted by a member
29
of the court;
30
Offences Part 3
Section 39
Court Security Bill 2013 No. , 2013 31
(b) a recording or transmission associated with an event
1
described in paragraph (1)(b) and expressly permitted by the
2
administrative head of the court;
3
(c) a recording or transmission that relates to an event that
4
occurs in a part of the building other than a room where the
5
court is sitting, and is expressly permitted by the
6
administrative head of the court;
7
(d) a recording or transmission connected with official
8
surveillance of the court premises for enhancing the security
9
of the premises or persons on them;
10
(e) a recording or transmission by a person for the purpose of
11
preparing an official transcript of court proceedings;
12
(f) a recording or transmission in the course of the operation of a
13
hearing aid;
14
(g) a recording or transmission by a lawyer of the lawyer's own
15
voice in a part of the building other than a room where a
16
court is sitting;
17
(h) a recording or transmission prescribed by the regulations.
18
Note:
A defendant bears an evidential burden in relation to the matter in
19
subsection (2): see subsection 13.3(3) of the Criminal Code.
20
(3) It is a defence to a prosecution of an offence against subsection (1)
21
for the making of a recording that the person:
22
(a) as soon as practicable after realising he or she contravened
23
that subsection, either:
24
(i) destroyed the recording and all copies (if any) of the
25
recording; or
26
(ii) gave the recording and all copies (if any) of it to a
27
security officer or an authorised court officer and
28
permitted a security officer, authorised court officer or
29
police officer to destroy the recording and copies; and
30
(b) did not give the recording or a copy of it to another person
31
before taking the action described in subparagraph (a)(i) or
32
(ii).
33
Note:
A defendant bears an evidential burden in relation to the matter in
34
subsection (3): see subsection 13.3(3) of the Criminal Code.
35
Part 3 Offences
Section 40
32 Court Security Bill 2013 No. , 2013
40 Offence--obstructing entry to, or activity on, court premises
1
A person must not do an act that unreasonably obstructs another
2
person's entry to, or activity on, court premises.
3
Penalty: Imprisonment for 6 months.
4
Court security orders Part 4
Section 41
Court Security Bill 2013 No. , 2013 33
Part 4--Court security orders
1
2
41 Making a court security order
3
Making the order
4
(1) A member of the Family Court of Australia, the Family Court of
5
Western Australia or the Federal Circuit Court of Australia may,
6
on application under section 42, make an order prohibiting
7
(absolutely or conditionally) a specified person from doing a
8
specified act for a specified period, if the member is satisfied that,
9
unless the order is made, there is:
10
(a) an ongoing risk of significant disruption of any of the
11
following:
12
(i) proceedings of the member's court;
13
(ii) administration of the member's court;
14
(iii) lawful activities on court premises of the member's
15
court; or
16
(b) a risk of violence (to person or property) affecting one or
17
more of the following:
18
(i) the member's court;
19
(ii) a member or official of the member's court;
20
(iii) a person on court premises of the member's court.
21
Content of the order
22
(2) Examples of the acts that may be specified in the order include the
23
following:
24
(a) entering specified court premises of the member's court;
25
(b) coming within a specified distance of specified court
26
premises of the member's court;
27
(c) contacting, harassing or intimidating a person on specified
28
court premises of the member's court or a member or official
29
of the member's court;
30
(d) damaging property on specified court premises of the
31
member's court;
32
Part 4 Court security orders
Section 41
34 Court Security Bill 2013 No. , 2013
(e) arranging for a person to do an act described in paragraph (c)
1
or (d).
2
(3) The order must not prevent the specified person from conducting
3
legitimate business the person has on court premises.
4
(4) Some examples of legitimate business a person has on court
5
premises are:
6
(a) filing or viewing documents relating to proceedings or
7
proposed proceedings to which the person is or is proposed to
8
be a party; and
9
(b) attending a hearing of proceedings to which the person is a
10
party or in which the person is appearing as a witness
11
(whether or not there is an order of a court requiring the
12
person to attend).
13
This subsection does not limit what legitimate business a person
14
may have on court premises.
15
Considerations in making the order
16
(5) In deciding whether to make an order under subsection (1) and the
17
terms of such an order, the member must consider the following:
18
(a) the objects of this Act;
19
(b) any hardship that may be caused to anyone by the making of
20
the order;
21
(c) any previous violence (to person or property) by the person
22
to be specified in the order;
23
(d) any order made under a law of the Commonwealth, a State, a
24
Territory or New Zealand to protect a person or property
25
from violence by the person to be specified in the order under
26
subsection (1);
27
(e) any contravention of an order described in paragraph (d);
28
(f) the need to ensure that persons and property on court
29
premises are protected;
30
(g) how to achieve the objects of this Act and reduce to an
31
acceptable level the risks described in subsection (1) while
32
minimising restrictions on the rights and liberties of the
33
person to be specified in the order;
34
Court security orders Part 4
Section 42
Court Security Bill 2013 No. , 2013 35
(h) arrangements for security and safety of persons and property
1
on court premises on which the person to be specified in the
2
order is conducting legitimate business the person has on
3
those premises.
4
(6) Subsection (5) does not limit the matters the member may
5
consider.
6
Limits on registrars and deputy registrars making orders
7
(7) Despite subsection (1), a registrar or deputy registrar cannot make
8
a court security order unless he or she is:
9
(a) the Principal Registrar, or a Registrar, of the Family Court of
10
Western Australia; and
11
(b) a magistrate under the Magistrates Court Act 2004 (WA).
12
42 Application for a court security order
13
(1) An order under section 41 may be made on application by the
14
administrative head of the court to which the order is proposed to
15
relate.
16
(2) The applicant must inform the person proposed to be specified in
17
the order of the making of the application.
18
(3) The person proposed to be specified in the order is entitled to be
19
heard on the application.
20
43 Interim court security order
21
(1) If an application is made to a member of a court for an order under
22
section 41, the member may make the order as an interim order
23
without:
24
(a) determining the merits of the application; or
25
(b) considering the matters listed in subsection 41(5), except
26
paragraph 41(5)(h); or
27
(c) hearing the person proposed to be specified in the order.
28
(2) If the member makes the order as an interim order, he or she must
29
determine the application for the order under section 41 as soon as
30
reasonably practicable.
31
Part 4 Court security orders
Section 44
36 Court Security Bill 2013 No. , 2013
44 When a court security order has effect
1
(1) A court security order specifying a person takes effect when the
2
person is given written notice of the order or, if the person is
3
present at the making of the order, when the order is made.
4
(2) An order under section 41 ceases to have effect at the end of the
5
period specified in the order.
6
(3) An interim order made as a result of an application under
7
section 42 ceases to have effect:
8
(a) if an order (the substantive order) is made on determination
9
of the application--at the time the substantive order takes
10
effect; and
11
(b) otherwise--when the application is determined.
12
45 Variation and revocation
13
A member of a court who may make a court security order may
14
vary or revoke a court security order relating to the member's
15
court.
16
46 Offence--non-compliance with a court security order
17
A person commits an offence if:
18
(a) the person does an act; and
19
(b) the act contravenes a court security order.
20
Penalty: Imprisonment for 12 months.
21
47 Maker of court security order need not be disqualified from
22
certain proceedings
23
If a member of a court makes a court security order specifying a
24
person, the member is not required to disqualify himself or herself
25
from hearing other proceedings to which the person is or later
26
becomes a party.
27
Miscellaneous Part 5
Section 48
Court Security Bill 2013 No. , 2013 37
Part 5--Miscellaneous
1
2
48 Immunity of security officers and authorised court officers
3
(1) An action, suit or proceeding (whether criminal or civil) does not
4
lie against a security officer or an authorised court officer in
5
relation to an act done, or omitted to be done, in good faith by the
6
officer in the performance or exercise, or the purported
7
performance or exercise, of any function, duty or power under, or
8
in relation to, this Act.
9
(2) Subsection (1) does not relieve the Commonwealth or an employer
10
of the officer of any civil liability the Commonwealth or employer
11
would have had for the officer's act or omission apart from that
12
subsection.
13
49 Compensation for damage to recording, data storage or
14
transmitting devices
15
(1) This section applies if:
16
(a) as a result of a security officer or an authorised court officer
17
operating a device either as a result of a request made under
18
paragraph 17(4)(b) or under paragraph 17(6)(b) or stopping
19
or preventing the use of a device under paragraph 17(6)(c):
20
(i) damage is caused to the device; or
21
(ii) the data recorded on the device, other than an
22
unauthorised recording within the meaning of
23
section 17, is damaged; and
24
(b) the damage occurs because the security officer or authorised
25
court officer did not take sufficient care in operating the
26
device or stopping or preventing the use of the device.
27
(2) The Commonwealth must pay the owner of the device or the
28
damaged data such reasonable compensation for the damage as the
29
Commonwealth and the owner agree on.
30
(3) However, if the owner and the Commonwealth fail to agree, the
31
owner may institute proceedings in the Federal Court of Australia
32
Part 5 Miscellaneous
Section 50
38 Court Security Bill 2013 No. , 2013
for such reasonable amount of compensation as the Court
1
determines.
2
(4) In determining the amount of compensation payable, regard is to
3
be had to whether the person who gave the device to a security
4
officer or an authorised court officer on request under
5
subsection 17(1), or from whom the device was seized under
6
subsection 17(3) or paragraph 17(6)(a), complied with a request
7
under paragraph 17(4)(b), (c) or (d) or subsection 17(5).
8
(5) For the purposes of subsection (1):
9
damage, in relation to data, includes damage by erasure of data.
10
50 Relationship between this Act and other powers and laws
11
(1) This Act does not limit the powers that any of the following has
12
apart from this Act:
13
(a) a court;
14
(b) a member of a court;
15
(c) an administrative head of a court;
16
(d) a person who is a security officer or an authorised court
17
officer.
18
(2) A power under this Act does not extend to doing anything
19
expressly forbidden by an order of a court or judicial officer.
20
(3) This Act is not intended to exclude or limit the operation of a law
21
of a State or Territory that is capable of operating concurrently
22
with this Act.
23
51 Delegation
24
The administrative head of a court mentioned in the table may
25
delegate in writing all or any of the administrative head's powers
26
and functions under sections 9, 10, 11 and 12 and paragraphs
27
17(2)(b) and 39(2)(b) and (c) to a person identified in the table for
28
the court.
29
Miscellaneous Part 5
Section 52
Court Security Bill 2013 No. , 2013 39
Persons to whom administrative head of a court may delegate
Court
Persons to whom administrative head of
the court may delegate
1 Federal Court of
Australia
The District Registrar of the Federal Court
of Australia for each District Registry, and
the Sheriff of the Federal Court of Australia,
appointed under section 18N of the Federal
Court of Australia Act 1976
2 Family Court of
Australia
The Marshal of the Family Court of
Australia appointed under section 38N of the
Family Law Act 1975
3 Military Court of
Australia
The Deputy Registrars and Sheriff of the
Military Court of Australia appointed under
section 38 of the Military Court of Australia
Act 2013
4 Family Court of
Western Australia
The Marshal of the Family Court of Western
Australia appointed under
paragraph 25(1)(e) of the Family Court Act
1997 (WA)
5 Federal Circuit
Court of Australia
The Marshal of the Federal Circuit Court of
Australia appointed under section 99 of the
Federal Circuit Court of Australia Act 1999
6 A federal court
(except the High
Court) not covered
by item 1, 2, 3 or 5
An officer or member of staff of the court
who is prescribed by the regulations
7 Administrative
Appeals Tribunal
A District Registrar appointed under
subsection 24N(2) of the Administrative
Appeals Tribunal Act 1975
8 Tribunal covered by
paragraph (d) of the
definition of court
in section 5
Persons prescribed by the regulations for the
tribunal
52 Regulations
1
The Governor-General may make regulations prescribing matters:
2
(a) required or permitted by this Act to be prescribed; or
3
Part 5 Miscellaneous
Section 52
40 Court Security Bill 2013 No. , 2013
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2
[Index] [Search] [Download] [Related Items] [Help]