Admission to Courts (Supreme Court) Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Admission to Courts Act 1916 .13 December 2016
C. WARNER
Governor
By Her Excellency’s Command,
DR VANESSA GOODWIN
Minister for Justice
1Short titleThese regulations may be cited as the Admission to Courts (Supreme Court) Regulations 2016 . 2CommencementThese regulations take effect on 27 December 2016. 3InterpretationIn these regulations – appointed person means a person appointed under regulation 8(1) ; explosive means any one or more of the following, either alone or in combination: (a) a substance that is manufactured, or used, in a manner intended to produce an explosion; (b) a modification of such a substance; (c) a fuse; (d) a detonator; firearm has the same meaning as in the Firearms Act 1996 ; judge means a judge of the Supreme Court; offensive weapon means a thing that is – (a) made, or adapted, to be used to menace, injure or incapacitate a person; or (b) intended, by the person possessing the article, to be used to menace, injure or incapacitate a person; ordinary search means – (a) a search of a person conducted by – (i) running hands over the person’s outer clothing; or (ii) passing an electronic metal detection device over or in close proximity to the person’s outer clothing; or (iii) requiring the person to pass through such a device; or (iv) requiring the person to turn out his or her pockets; and (b) the examination of a thing in the control or possession of a person that may be removed, including – (i) an examination conducted by passing an electronic metal detection device over or in close proximity to that thing; and (ii) passing the thing through such a device; and (iii) searching through any bag, basket or other receptacle; and (iv) moving, and if it is considered necessary, removing and searching through the contents of any pocket, bag, basket or other receptacle; prohibited thing means a firearm, explosive, offensive weapon or any other thing that is able to be used to menace, injure or incapacitate a person. 4Application of regulationsThese regulations apply to the Supreme Court. 5Admission of persons to court (1) If a judge is of the opinion that it is necessary, or desirable, for the purpose of securing order and safety in a court or for the public interest, that a particular member of the public, a class of the public or the public generally not be admitted to or not be permitted to remain in the court, the judge may make an order that – (a) the particular member, members of that class or the public generally be sent out of the court; and (b) the particular member, members of that class or the public generally be refused admission to the court. (2) If the judge, or a person authorised by the judge, is of the opinion that there is sufficient reason for a person who is the subject of an order made under subregulation (1) to be admitted to or to be permitted to remain in the court, the judge, or person authorised by the judge, may admit that person or permit that person to remain in the court. (3) A person must not enter, or refuse to leave, a court in contravention of an order made under subregulation (1) .Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding one month, or both.
6Powers of authorized officers (1) An authorized officer may – (a) require a person who is entering, or in, a court to state the person’s name and address and give evidence of the person’s identity; and (b) require a person who is entering, or in, a court to deposit with the authorized officer any placard, instrument, device or other thing that is liable to engender violence or create a breach of the peace; and (c) require a person to leave, or not enter, a court or remove a person, or cause a person to be removed, from the court, if the person is – (i) behaving in an unlawful, disorderly or menacing manner; or (ii) the subject of an order made under regulation 5(1) . (2) An authorized officer may refuse a person entry to, or remove a person from, the court if the person fails to comply with a requirement made under subregulation (1) . (3) A person must not – (a) fail to comply with a requirement made under subregulation (1)(a) ; or (b) provide a false name or address, or give false evidence of identity, in response to such a requirement. Penalty: Fine not exceeding 10 penalty units.
(4) A person must not fail to comply with a requirement made under subregulation (1)(b) or (c) .Penalty: Fine not exceeding 10 penalty units.
7Prohibited things (1) An authorized officer may – (a) require a person who is entering, or in, a court to – (i) submit to an ordinary search; or (ii) deposit with the authorized officer any personal effects of that person which the authorized officer considers are reasonably capable of concealing a prohibited thing; or (b) seize and detain a prohibited thing found during a search under paragraph (a)(i) ; or (c) require a person who is in possession of a prohibited thing to leave, or not enter, a court or remove that person, or cause that person to be removed, from the court. (2) A person must comply with a requirement made under subregulation (1) .Penalty: Fine not exceeding 10 penalty units.
(3) A person, without lawful excuse, must not possess a firearm, explosive or offensive weapon in a court.Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, or both.
8Appointed persons and authorized officers (1) The Chief Justice, by instrument in writing, may appoint a person to give directions to an authorized officer. (2) An appointed person may only give direction to an authorized officer in accordance with any conditions specified in his or her instrument of appointment. (3) An authorized officer is to comply with a direction given by the Chief Justice, a judge presiding in a particular court or an appointed person. 9Limitations on powers of authorized officersAn authorized officer may only exercise a power conferred by these regulations if the authorized officer – (a) has reasonable cause to believe that the exercise of the power is necessary for the purpose of securing order and safety in a court; or (b) is directed to do so by the Chief Justice, a judge presiding in the court or an appointed person; or (c) is enforcing an order made under regulation 5(1) . 10Effect of regulations (1) The powers conferred by these regulations are in addition to, and do not derogate from, any powers conferred on, or possessed by, a court, judge or person in relation to the conduct of proceedings in a court or the regulation of the conduct of persons in a court. (2) Nothing in these regulations affects any power of the court in relation to contempt of court or any other similar power. Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 21 December 2016
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations –
(a) provide, in relation to the Admission to Courts Act 1916 , for – (i) the admission to, the refusal of admission to, or the removal of persons from, the Supreme Court of Tasmania in certain circumstances; and (ii) the possession of certain objects to be prohibited, and the seizure of those objects, in certain circumstances; and (iii) the power to arrest persons, and to search persons and objects, in certain circumstances; and (iv) other powers of authorized officers; and (v) the appointment of appointed persons and other miscellaneous matters; and (b) are made consequentially on the repeal of the Admission to Courts (Supreme Court) Regulations 2006 under section 11 of the Subordinate Legislation Act 1992 .