Victorian Numbered Acts

COURTS LEGISLATION (JUDICIAL APPOINTMENTS AND OTHER AMENDMENTS) ACT 2005 (NO 3 OF 2005) - SECT 18

    (1)     For section 3(3) of the Court Security Act 1980 substitute —

    "(3)     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—

        (a)     to submit to a frisk search or a search of any thing in the person's possession;

        (b)     to submit to a scanning search of his or her person or of any thing in the person's possession;

        (c)     to surrender to the authorized officer any item that the authorized officer believes on reasonable grounds is     a prohibited item.".

    (2)     For sections 3(6), 3(7), 3(8) and 3(9) of the Court Security Act 1980 substitute —

    "(6)     An authorized officer, who during a search finds a prohibited item or to whom a prohibited item is surrendered, may seize and retain that prohibited item in accordance with this section.

    (7)     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 sub-section (3)(c) must be retained by the authorized officer until—

        (a)     the person requests the item's return; or

        (b)     the expiration of 28 days after the item was surrendered—

whichever happens first.

    (8)     Despite anything to the contrary in this section, if—    

        (a)     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 member of the police force within 24 hours after the item is surrendered or seized;

        (b)     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.

    (9)     An authorized officer may refuse a person entry to the court premises or remove a person from the court premises if the authorized person believes on reasonable grounds that the person is likely to affect adversely the security, good order or management of the court premises.

    (10)     A person must not refuse to comply with a requirement under sub-section (3).

Penalty:     10 penalty units.".

__________________

See:
Act No.
22/1995
and amending
Act Nos
46/1998, 1/2000, 4/2002, 31/2004 and 38/2004.
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