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COURT SECURITY ACT 2013 - SECT 5

Definitions

    In this Act:

"administrative head" of a court means the person identified in the table for the court:

 

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

Chief Executive Officer and Principal Registrar of the Federal Court of Australia

3

Federal Circuit and Family Court of Australia (Division   1)

Chief Executive Officer and Principal Registrar of the Federal Court of Australia

4

Federal Circuit and Family Court of Australia (Division   2)

Chief Executive Officer and Principal Registrar of the Federal Court of Australia

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

7

A federal court not covered by item   1, 2, 3 or 4

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:

  (a)   a member of the Australian Federal Police (as defined in the Australian Federal Police Act 1979 ); or

  (b)   a special member (as defined in that Act).

"authorised court officer" means a person appointed under section   10 as an authorised court officer.

"court" means:

  (a)   a federal court; or

  (b)   the Family Court of Western Australia; or

  (c)   the Administrative Appeals Tribunal; or

  (d)   a tribunal that is prescribed by the regulations for the purposes of this paragraph.

"court premises" means:

  (a)   any premises occupied or used (whether permanently or temporarily or under a lease or otherwise) in connection with the sittings, or any other operations, of a court; or

  (b)   premises specified in an order in force under section   6.

Note:   Some examples of premises occupied or used in connection with the sittings or other operations of a court include:

(a)   a courthouse; and

(b)   premises containing a registry of a court; and

(c)   premises used to enable a person to appear before a court by means of facilities that enable audio and/or visual communications between persons at different places; and

(d)   court parking areas, driveways, courtyards and forecourts.

"court security order" means an order made under Part   4.

"dangerous item" means:

  (a)   a weapon; or

  (b)   an item that is or could be used in a dangerous or threatening way.

"data storage device" means any article or material (for example, a disk) from which a recording can be reproduced, with or without the aid of any other article or device.

"frisk search" means:

  (a)   a search of a person conducted by quickly running the hands over the person's outer garments; and

  (b)   an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

"identity card" means:

  (a)   an identity card issued under section   12; or

  (b)   an identity card described in section   13.

"member" of a court means:

  (a)   a Justice (including a Chief Justice or Deputy Chief Justice) of a court; or

  (b)   a Judge (including a Chief Judge or Deputy Chief Judge) of a court; or

  (ba)   the chief executive officer (however described) of a court; or

  (c)   a registrar or a deputy registrar of a court; or

  (d)   a member (however described) of the Administrative Appeals Tribunal or a tribunal that is prescribed by the regulations for the purposes of paragraph   (d) of the definition of court .

"police officer" means:

  (a)   an AFP member; or

  (b)   a member (however described) of a police force of a State or Territory.

"premises" means:

  (a)   an area of land or any other place (whether or not it is enclosed or built - on); or

  (b)   a building or other structure; or

  (c)   a part of any such premises.

"recording device" means a device for recording one or more of the following:

  (a)   sound;

  (b)   still or moving images.

"screening equipment" means a metal detector or a device for detecting objects or particular substances.

"security officer" means:

  (a)   a person appointed under section   9 as a security officer; or

  (b)   any of the following:

  (i)   an AFP member;

  (ii)   a protective service officer (as defined in the Australian Federal Police Act 1979 );

  (iii)   a special protective service officer (as defined in that Act).

"transmitting device" means a device for transmitting one or more of the following:

  (a)   sound;

  (b)   still or moving images;

regardless of the means and form of the transmission and regardless of what equipment is needed to make any sound transmitted by the device readily audible and any images transmitted by the device readily visible.

"undergo a screening procedure" : a person undergoes a screening procedure if:

  (a)   the person walks, or is moved, through screening equipment; or

  (b)   handheld screening equipment is passed over or around the person or around things in the person's possession; or

  (c)   things in the person's possession are passed through screening equipment or examined by X - ray.


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