Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 128, 2013
Compilation No. 7
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Court Security Act 2013 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of this Act
4 Simplified outline of this Act
6 Orders identifying court premises
7 This Act binds the Crown
8 Extension to external Territories
Part 2--Security officers and authorised court officers
Division 1--Appointment of security officers and authorised court officers
9 Appointment of security officers
10 Appointment of authorised court officers
11 Appointment may relate to any court premises
13 Exception to requirement to issue identity card
Division 2--Requests that may be made of persons seeking to enter, or on, court premises
14 Requests relating to screening etc.
15 Requests relating to identification etc.
16 Requests to leave dangerous items for safekeeping
17 Requests relating to recording, data storage and transmitting devices
18 Offence--non-compliance with a request under section 17
19 Requests to undergo a frisk search
Division 3--Power to refuse entry to or direct a person to leave court premises etc.
20 Non-compliance with request under Division 2
21 Harassment etc.
22 General directions power
23 Offence--non-compliance with a direction
Division 4--Power to prevent entry to or remove a person from court premises etc.
24 Non-compliance with a request under Division 2 or direction under Division 3
25 Harassment etc.
26 Use of force in exercising power under this Division
27 Power to seize dangerous item
28 Power to detain a person
Division 5--Power to escort people to and from court premises
29 Security officer may escort people
30 Use of force in escorting
31 General directions power
32 Offence--non-compliance with a direction
Division 6--General provisions about exercise of security officers' and authorised court officers' powers
33 Where powers may be exercised
34 Production of identification when exercising power as a security officer or an authorised court officer
Division 7--Complaints about security officers and authorised court officers
35 Complaints about security officers and authorised court officers
36 Reports to Ombudsman about complaints
37 Complaints to administrative head of Family Court of Western Australia
Part 3--Offences
38 Offence--possessing weapon on court premises
39 Offence--making an unauthorised recording or transmission on court premises
40 Offence--obstructing entry to, or activity on, court premises
Part 4--Court security orders
41 Making a court security order
42 Application for a court security order
43 Interim court security order
44 When a court security order has effect
45 Variation and revocation
45A Application for variation or revocation
46 Offence--non-compliance with a court security order
47 Maker of court security order need not be disqualified from certain proceedings
Part 5--Miscellaneous
48 Immunity of security officers and authorised court officers
48A Disposal of dangerous items after 6 months
49 Compensation for damage to recording, data storage or transmitting devices
50 Relationship between this Act and other powers and laws
51 Delegation
52 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
128, 2013 | 1 July 2013 | s 3-52: 1 Jan 2014 (s 2(1) item 2) |
| |
60, 2015 | 26 May 2015 | Sch 8 (item 16) and Sch 9: 1 July 2015 (s 2(1) items 19, 22) | Sch 9 | |
113, 2015 | 17 Aug 2015 | Sch 4 (items 1-11): 18 Aug 2015 (s 2(1) item 2) | Sch 4 (items 9, 11) | |
24, 2016 | 18 Mar 2016 | Sch 5 (items 9, 18-24): 1 July 2016 (s 2(1) item 7) | Sch 6 (items 1-13) | |
13, 2021 | 1 Mar 2021 | Sch 2 (items 271-279): 1 Sept 2021 (s 2(1) item 5) | -- | |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 27, 28): 20 Mar 2024 (s 2(1) item 2) | Sch 1 (item 28) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 2 (items 38-41): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 5..................... | am No 24, 2016; No 13, 2021; No 39, 2024 |
Part 2 |
|
Division 1 |
|
s 12.................... | am No 74, 2023 |
Division 2 |
|
s 16.................... | am No 113, 2015 |
Division 4 |
|
s 27.................... | am No 113, 2015 |
Part 4 |
|
s 41.................... | am No 113, 2015; No 13, 2021 |
s 45.................... | am No 113, 2015; No 13, 2021 |
s 45A................... | ad No 113, 2015 |
Part 5 |
|
s 48A................... | ad No 113, 2015 |
s 51.................... | am No 60, 2015; No 24, 2016; No 13, 2021; No 39, 2024 |