Court Security Act 2017 (Tas)

Court Security Act 2017

An Act to make provision for the security and good order of courts and tribunals, and for related purposes [Royal Assent 19 September 2017]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Court Security Act 2017 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – Administrator means the Administrator of the Magistrates Court; ammunition has the same meaning as in the Firearms Act 1996 ; appointing officer, in relation to a court, means a person who holds the office which has, under section 4 , the power to appoint a security officer for the court; chemical agent means – (a) oleoresin capsicum (commonly known as pepper spray or capsicum spray); and (b) orthochlorobenzalmalononitrile (commonly known as tear gas); and (c) any other prescribed substance; Chief Clerk (Coronial Division) has the same meaning as in the Coroners Act 1995 ; Chief Clerk of Petty Sessions has the same meaning as in the Justices Act 1959 ; controlled substance has the same meaning as in the Misuse of Drugs Act 2001 ; coroner has the same meaning as in the Coroners Act 1995 ; court includes the Supreme Court, a court of petty sessions, a court of summary jurisdiction, the Magistrates Court (including any division of that Court) and a tribunal; court premises means the premises or place where a court is held and includes – (a) a courtroom; and (b) a forecourt, courtyard, yard, parking area, toilet facility, hall, corridor, or other area, used in conjunction with the premises or place; and (c) a part of the premises or place used as an entrance to or exit from the premises or place; and (d) a part of any premises, or any place, being used to enable a person, who is at a different location, to appear before the court by means of audio, or audio-visual, communication; and (e) a place at which a view, hearing or the taking of evidence is being carried out in relation to proceedings before a court; and (f) a part of any premises, or of any place, that are premises, or a place, used in relation to the operation or management of a court or court premises or that is referred to in another paragraph of this definition; courtroom means a room – (a) designed for use by, or periodically used by, a court when sitting in public; or (b) in which hearings of a court are conducted; dangerous object – (a) means an object, the use of which is likely to adversely affect safety in, or the security of, a court or court premises; and (b) includes any ammunition, chemical agent, explosive, firework, inflammable liquid or weapon; disruptive object means an object that is likely to affect the good order of, or management of, a court or court premises, and includes a placard and a banner; electronic device – (a) means a device that operates by way of electronic impulses and that is capable of recording, transmitting or receiving data, whether in audio, visual or other format; and (b) includes a computer, a mobile phone and a camera; explosive means any one or more of the following, either alone or in combination: (a) a substance that is manufactured, or used, to produce an explosion; (b) a modification of such a substance; (c) a fuse; (d) a detonator; (e) any other prescribed substance or object; firearm has the same meaning as in the Firearms Act 1996 ; frisk search means – (a) a search of a person conducted by running the hands over the person's outer garments; and (b) an examination of any object worn by the person that is voluntarily removed by the person; inflammable liquid means a liquid – (a) that is combustible or the vapour of which is combustible; and (b) that is not intended for human consumption; journalist means a person who – (a) is engaged in the profession or practice of reporting, photographing, editing or recording for a media report of a news, current affairs, information or documentary nature; and (b) is paid to perform that profession or practice by a person, or body, that – (i) is subject to a code of ethics and a procedure for the Australian Press Council, or for another person or body that is prescribed, to deal with complaints about persons engaging in such a profession or practice; or (ii) is the holder of a licence under the Broadcasting Services Act 1992 of the Commonwealth; judicial officer means – (a) a judge, associate judge, acting judge, justice, magistrate or coroner; and (b) the Registrar or a registrar of a court; and (c) the Administrator; and (d) the Chief Clerk of Petty Sessions; and (e) the Chief Clerk (Coronial Division); and (f) a member or Commissioner of a tribunal or a person who is, on behalf of a tribunal, responsible for ensuring the conduct, by parties to a matter, of conciliation or arbitration of the matter before the tribunal; liquor has the same meaning as in the Police Offences Act 1935 ; magistrate has the same meaning as in the Magistrates Court Act 1987 ; mobile phone includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it is used for that purpose; prohibited object means – (a) a controlled substance; and (b) liquor; and (c) a dangerous object; and (d) a disruptive object; recording device means any device, including an electronic device, that is capable of being used to record images or sounds, or both, and includes any of the following devices: (a) a camera, including a video camera; (b) a mobile phone that is capable of recording images or sound, or both; (c) a tape recorder or digital audio recorder; Registrar means the Registrar of the Supreme Court; regulations means the regulations made under this Act; security agent has the same meaning as in the Security and Investigations Agents Act 2002 ; security guard has the same meaning as in the Security and Investigations Agents Act 2002 ; security manager means a person appointed under section 6 ; security officer means – (a) the Registrar; and (b) the Sheriff; and (c) a Deputy Sheriff; and (d) the Administrator; and (e) the Chief Clerk of Petty Sessions; and (f) the Chief Clerk (Coronial Division); and (g) a registrar of a tribunal; and (h) a person appointed under section 4 ; and (i) a police officer; and (j) a security guard who is provided to a court as a security officer under an arrangement referred to in section 5 ; and (k) a security manager; tribunal means a tribunal, body or person which is by law entitled to hear, receive and examine evidence and is prescribed by the regulations to be a tribunal for the purposes of this Act; weapon means an object that is – (a) made, adapted, or modified, to be used to injure or incapacitate a person or to damage property; or (b) intended, by the person possessing the object, to be used to injure or incapacitate a person or to damage property – and includes a firearm and a knife.