Powers of authorized officer
3 Powers of authorized officer
S. 3(1) amended by No. 26/2023 s. 4(1)(a).
Subject to any limitations or restrictions provided by the rules an authorized officer may demand from a person who is on court premises that person's name and address, the person's reason for being on the premises and evidence of the person's identity.
S. 3(2) amended by No. 10/2004 s. 15(Sch. 1 item 3).
Any person who in response to a demand under subsection (1)—
fails or refuses to supply any of the information;
gives false information; or
provides any false evidence of identity—
shall be guilty of an offence against this Act and liable to a penalty not exceeding 10 penalty units.
S. 3(2A) inserted by No. 38/2017 s. 49(1).
Subject to any limitations or restrictions provided by the rules, an authorized officer—
may give to a person who wishes to enter court premises, or is on the court premises, a reasonable direction to do or not do a thing, for the purpose of maintaining or restoring the security, good order or management of the court premises; and
may escort a person to or from court premises if that person has consented to being escorted by the authorized officer; and
may, in the course of escorting a person to or from court premises, give a reasonable direction to another person to do or not do a thing, for the purpose of maintaining the safety of the person or the authorized officer; and
may, if the authorized officer reasonably suspects that a recording, transmission or publication made or being made of a proceeding is not permitted by or under this Act or any other law, direct a person to do one or more than one of the following—
stop making the recording, transmission or publication;
permit an authorized officer to view the recording, transmission or publication on a device;
delete the recording.
Note
Sections 4A, 4B and 4C of this Act, sections 3 and 4 of the Judicial Proceedings Reports Act 1958, Part 8 of the Family Violence Protection Act 2008 and section 20 of the Supreme Court Act 1986 place restrictions on the recording, publication and transmission of court proceedings. An order made under the Open Courts Act 2013 may restrict the publication of proceedings and that Act refers to other Acts that restrict the publication of proceedings.
S. 3(2B) inserted by No. 38/2017 s. 49(1), amended by No. 26/2023 s. 4(2).
Subject to subsection (2C), a person must comply with a direction under subsection (2A).
Penalty: 10 penalty units.
S. 3(2C) inserted by No. 38/2017 s. 49(1).
A person does not contravene subsection (2B) in relation to a direction under subsection (2A)(d) if the recording, transmission or publication is permitted by or under this Act or any other law.
S. 3(3) substituted by Nos 64/1996 s. 21, 3/2005 s. 18(1).
Subject to any limitations or restrictions provided by the rules, an authorized officer may require a person who wishes to enter the court premises, or is on the court premises—
to submit to a frisk search or a search of any thing in the person's possession;
S. 3(3)(b) amended by No. 26/2023 s. 4(1)(b).
to submit to a scanning search of their person or of any thing in the person's possession;
to surrender to the authorized officer any item that the authorized officer believes on reasonable grounds is a prohibited item.
S. 3(4) substituted by Nos 64/1996 s. 21, 38/2017 s. 49(2).
An authorized officer may use reasonable force to do any of the following—
conduct a frisk search or scanning search under subsection (3);
enforce a direction given to the person under subsection (2A);
prohibit a person from entering, or remove a person from, court premises under subsection (5) or (9);
S. 3(4)(d) substituted by No. 26/2023 s. 4(3).
seize under subsection (6) any item the authorized officer believes on reasonable grounds is a prohibited item;
ensure the safety of a person being escorted, or the safety of an authorized officer when escorting a person, under subsection (2A)(b).
S. 3(4A) inserted by No. 38/2017 s. 49(2).
An authorized officer who conducts a search under this section must not subject a person to greater indignity than is reasonably necessary to conduct the search.
S. 3(5) substituted by No. 64/1996 s. 21, amended by No. 38/2017 s. 49(3).
If, when asked, a person does not submit to a demand under subsection (1), comply with a direction under subsection (2A) or a requirement under subsection (3), an authorized officer may prohibit the person from entering the court premises, or if the person is on the court premises, remove the person from the court premises.
S. 3(6) inserted by No. 64/1996 s. 21, substituted by Nos 3/2005 s. 18(2), 26/2023 s. 4(4).
An authorized officer who, during a search, finds an item that the authorized officer believes on reasonable grounds is a prohibited item or to whom an item is surrendered that the authorized officer believes on reasonable grounds is a prohibited item, may seize and retain that item as a prohibited item in accordance with this section.
S. 3(7) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2).
A prohibited item (other than a firearm, an explosive substance or an offensive weapon) that is surrendered by a person in compliance with a requirement under subsection (3)(c) must be retained by the authorized officer until—
the person requests the item's return; or
the expiration of 28 days after the item was surrendered—
whichever happens first.
S. 3(8) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2).
Despite anything to the contrary in this section, if—
S. 3(8)(a) amended by No. 37/2014 s. 10(Sch. item 35.2).
a surrendered or seized prohibited item is a firearm, an explosive substance or an offensive weapon whose possession would constitute an offence under the Crimes Act 1958, the Control of Weapons Act 1990 or this Act, the chief executive officer or a clerk of the court must ensure that the item is given to a police officer within 24 hours after the item is surrendered or seized;
a surrendered or seized prohibited item is not an item referred to in paragraph (a) and is not collected within 28 days after it was surrendered or seized, the chief executive officer or a clerk of the court may destroy the item or sell the item and retain the proceeds of the item's sale.
S. 3(9) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2), amended by No. 11/2021 s. 106.
An authorized officer may refuse a person entry to the court premises or remove a person from the court premises if the authorized officer believes on reasonable grounds that the person is likely to affect adversely the security, good order or management of the court premises.
S. 3(10) inserted by No. 3/2005 s. 18(2), amended by No. 26/2023 s. 4(2).
A person must comply with a requirement under subsection (3).
- 10 penalty units.
S. 3(11) inserted by No. 38/2017 s. 49(4), amended by No. 26/2023 s. 4(5).
An authorized officer who gives a direction to a person or demands or requires a person to do a thing under this section must advise the person before or immediately after giving the direction or making the demand or requirement that the person may commit an offence by not complying with the direction, demand or requirement.
S. 3A inserted by No. 68/2009 s. 97(Sch. item 36).
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