Commonwealth Consolidated Acts

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COURT SECURITY ACT 2013 - SECT 38

Offence--possessing weapon on court premises

  (1)   A person must not possess a weapon on court premises.

Penalty:   Imprisonment for 12 months.

  (2)   Subsection   (1) does not apply to:

  (a)   the possession of a weapon by a member of a court, security officer, authorised court officer, police officer or member of staff of a court in the performance of his or her duties; or

  (b)   the possession of a weapon by a person in the performance of duties that the person, or the person's employer, has under a contract to assist the operation of a court; or

  (c)   the possession of a weapon that is, or is to be, evidence before a court for whose sittings or other operations the court premises are used or occupied.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2): see subsection   13.3(3) of the Criminal Code .


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