Definitions
2 Definitions
In this Act, unless inconsistent with the context or subject-matter—
S. 2(1) def. of Australian legal practitioner inserted by No. 62/2014 s. 75, repealed by No. 17/2014 s. 160(Sch. 2 item 26A) (as amended by No. 62/2014 s. 79).
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S. 2(1) def. of authorized officer substituted by No. 64/1996 s. 19(a), amended by Nos 37/2014 s. 10(Sch. item 35.1)(b)), 59/2015 s. 24(b), 38/2017 s. 44(a).
authorized officer, in relation to any court, means a police officer, police custody officer, protective services officer or a person appointed as an authorized officer under section 2A;
S. 2(1) def. of chief executive officer inserted by No. 64/1996 s. 19(b).
chief executive officer, in relation to a court, means the chief executive officer of the court, by whatever name called;
S. 2(1) def. of Chief Executive Officer of Court Services Victoria inserted by No. 38/2017 s. 44(d).
Chief Executive Officer of Court Services Victoria means the person appointed under section 22 of the Court Services Victoria Act 2014;
S. 2(1) def. of clerk amended by Nos 57/1989 s. 3(Sch. item 38), 77/2008 s. 129(Sch. 2 item 8), 3/2016 s. 13(a).
clerk in relation to a court means—
in the case of the Supreme Court, the Prothonotary;
in the case of the County Court, the Registrar of the County Court;
in the case of the Magistrates' Court, a registrar of that Court;
in the case of the Coroners Court, a registrar of that Court;
in the case of the Children's Court, the principal registrar of that Court;
in the case of any other court, the person prescribed by the regulations to be the clerk of that court;
S. 2(1) def. of contractor inserted by No. 64/1996 s. 19(b), amended by No. 38/2017 s. 44(b).
contractor means a party to an agreement under section 2C with Court Services Victoria or a chief executive officer of a court;
S. 2(1) def. of court substituted by No. 3/2016 s. 13(b).
court includes—
the Supreme Court; and
the County Court; and
the Magistrates' Court; and
the Children's Court; and
the Coroners Court; and
VCAT; and
the Victims of Crime Assistance Tribunal; and
any prescribed tribunal, body or person which is by law entitled to hear, receive and examine evidence;
S. 2(1) def. of court premises substituted by No. 68/2013 s. 3.
court premises means—
any premises occupied in connection with the operations of a court, including—
the precincts and immediate environs of those premises, adjacent car parks, adjacent footpaths and laneways between or abutting court premises; and
court buildings and the exit and entry points and steps to those buildings; or
any other place, limited to where a court is, for the time being, constituted and performing the functions or exercising the powers of that court or in connection with court operations, including any area in the immediate vicinity of that place;
S. 2(1) def. of Court Services Victoria inserted by No. 62/2014 s. 75.
Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;
explosive substance has the same meaning as in Division 8 of Part I of the Crimes Act 1958;
S. 2(1) def. of firearms amended by No. 39/1989 s. 4(3)(Sch. item 1), substituted by No. 66/1996 s. 204.[1]
firearm has the same meaning as in the Firearms Act 1996;
S. 2(1) def. of frisk search inserted by No. 64/1996 s. 19(b).
frisk search means—
a search of a person's body conducted by quickly running the hands over the person's outer garments; and
an examination of anything worn by the person that is conveniently and voluntarily removed by the person; and
an examination of anything carried by the person that is voluntarily given to an authorized officer;
S. 2(1) def. of judicial officer inserted by No. 62/2014 s. 75.
judicial officer includes a non-judicial member of VCAT;
S. 2(1) def. of news media organisation inserted by No. 62/2014 s. 75.
news media organisation has the same meaning as in the Open Courts Act 2013;
S. 2(1) def. of offensive weapon amended by No. 26/2023 s. 3(2).
offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with that person for such use;
S. 2(1) def. of pandemic declaration inserted by No. 26/2023 s. 3(1).
pandemic declaration has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 2(1) def. of pandemic order inserted by No. 26/2023 s. 3(1).
pandemic order has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 2(1) def. of police custody officer inserted by No. 59/2015 s. 24(a).
police custody officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 35.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of proceeding inserted by No. 62/2014 s. 75.
proceeding means a proceeding in the Supreme Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT or the Victims of Crime Assistance Tribunal;
S. 2(1) def. of prohibited item inserted by No. 3/2005 s. 17(1).
prohibited item means—
a firearm; or
an explosive substance; or
an offensive weapon; or
an item that is likely to affect adversely the security, good order or management of the court premises;
S. 2(1) def. of protective services officer inserted by No. 59/2015 s. 24(a).
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of publish inserted by No. 62/2014 s. 75.
publish means disseminate or provide access to the public by any means, including—
by publication in a book, newspaper, magazine or other written publication; or
broadcast by radio or television; or
by electronic communication; or
by public exhibition;
S. 2(1) def. of recording inserted by No. 62/2014 s. 75.
recording means all or part of an audio, visual or audiovisual recording and includes a photograph;
S. 2(1) def. of scanning search inserted by No. 64/1996 s. 19(b), amended by No. 38/2017 s. 44(c).
scanning search means a search carried out by an electronic or mechanical device whether hand held or otherwise;
S. 2(1) def. of Victims of Crime Assistance Tribunal inserted by No. 38/2017 s. 44(d).
Victims of Crime Assistance Tribunal means the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996.
S. 2(2) inserted by No. 3/2005 s. 17(2).
A reference in this Act to "the security, good order or management of the court premises" includes—
S. 2(2)(a) amended by No. 26/2023 s. 3(3)(a).
the safety and welfare of all persons who work at or attend the court premises;
the safety and welfare of all persons in custody at the court premises;
S. 2(2)(c) amended by No. 26/2023 s. 3(3)(b).
the good order or management of legal proceedings or other business conducted at the court premises;
S. 2(2)(d) inserted by No. 26/2023 s. 3(4).
in relation to a pandemic declaration, the health of all persons or any class of person who work at, attend or are in custody at the court premises;
S. 2(2)(e) inserted by No. 26/2023 s. 3(4).
the following of any relevant pandemic order at the court premises;
S. 2(2)(f) inserted by No. 26/2023 s. 3(4).
the following of any relevant directions made by an authorised officer under Part 8A or 10 of the Public Health and Wellbeing Act 2008 at the court premises.
S. 2A inserted by No. 64/1996 s. 20, substituted by No. 38/2017 s. 45.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Court Security Regulations 2025 · under section 6
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