Court Security (Consequential Amendments) Act 2013

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Legislation au C2013A00129 In force Act

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Court Security (Consequential Amendments) Act 2013

 

No. 129, 2013

 

 

 

 

 

An Act to make amendments consequential on the enactment of the Court Security Act 2013, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Public Order (Protection of Persons and Property) Act 1971

 

 

 

Court Security (Consequential Amendments) Act 2013

No. 129, 2013

 

 

 

An Act to make amendments consequential on the enactment of the Court Security Act 2013, and for related purposes

[Assented to 1 July 2013]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Court Security (Consequential Amendments) Act 2013.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

1 July 2013

2.  Schedule 1

At the same time as section 3 of the Court Security Act 2013 commences.

1 January 2014

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Public Order (Protection of Persons and Property) Act 1971

1  At the end of section 12

Add:

 (6) Subsection (2) does not apply in relation to Commonwealth premises being used exclusively in connection with the sittings, or any other operation, of a court as defined in the Court Security Act 2013.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

2  Part IIA (heading)

Omit “federal courts and tribunals”, substitute “investigatory authorities”.

3  Section 13A (definition of authorised officer)

Omit “, in relation to a court,”, substitute “for an investigatory authority”.

4  Section 13A (paragraph (b) of the definition of authorised officer)

Omit “court” (wherever occurring), substitute “authority”.

5  Section 13A

Insert:

authority premises for an investigatory authority means any premises occupied or used (whether permanently or temporarily or under a lease or otherwise) in connection with the sittings, or any other operations, of the authority.

6  Section 13A (definition of court)

Repeal the definition.

7  Section 13A (definition of court premises)

Repeal the definition.

8  Section 13A

Insert:

investigatory authority means a tribunal, authority or person having power under a law of the Commonwealth to require the production of documents or the answering of questions.

9  Section 13AA

Repeal the section.

10  Section 13B

Omit “a court (as defined by section 13A)”, substitute “an investigatory authority”.

11  Subsection 13C(1)

Omit “in relation to a court”, substitute “for an investigatory authority”.

12  Subsection 13C(1)

Omit “court premises”, substitute “authority premises”.

13  Subsection 13D(1)

Omit “in relation to a court”, substitute “for an investigatory authority”.

14  Paragraphs 13D(1)(a) and (b)

Omit “court premises”, substitute “authority premises”.

15  Subsection 13D(3)

Omit “in relation to the court”, substitute “for the investigatory authority”.

16  Section 13E (heading)

Omit “court premises”, substitute “authority premises”.

17  Subsection 13E(1)

Omit “in relation to a court”, substitute “for an investigatory authority”.

18  Subsection 13E(1)

Omit “court premises” (wherever occurring), substitute “authority premises”.

19  Subsection 13E(2)

Omit “court premises”, substitute “authority premises”.

20  Subsection 13E(2)

Omit “in the court”, substitute “in public by or before the investigatory authority”.

21  Paragraph 13E(3)(b)

Omit “court premises”, substitute “authority premises”.

22  Subsection 13E(4)

Omit “court premises”, substitute “authority premises where a hearing of proceedings is being held in public by or before the investigatory authority concerned”.

23  Section 13F (heading)

Omit “court premises”, substitute “authority premises”.

24  Section 13F

Omit “court premises”, substitute “authority premises”.

25  Subsection 13G(1)

Omit “or person in relation to the conduct of proceedings in a court or the regulation of the conduct of people on court premises”, substitute “, tribunal, authority or person in relation to the conduct of proceedings by or before an investigatory authority or the regulation of the conduct of people on authority premises”.

26  Subsection 13G(2)

Omit “a court in relation to contempt of the court or any other similar power”, substitute “an investigatory authority that is like a power of a court in relation to contempt of the court”.

[Minister’s second reading speech made in—

House of Representatives on 20 March 2013

Senate on 16 May 2013]

(72/13)

 

Overview

The Court Security (Consequential Amendments) Act 2013 was enacted by the Parliament of Australia to make amendments consequential on the enactment of the Court Security Act 2013, and for related purposes. The Act came into effect on various dates, with the majority of provisions commencing on 1 July 2013, the day it received Royal Assent. Specific provisions within the Act, including those outlined in Schedule 1, commenced on 1 January 2014, aligning with the commencement of section 3 of the Court Security Act 2013. The primary objective of this Act is to ensure that existing legislation, specifically the Public Order (Protection of Persons and Property) Act 1971, is updated to reflect the changes and definitions introduced by the Court Security Act 2013, thereby maintaining coherence and consistency within the legal framework governing court security and investigatory authorities. This legislation targets the Public Order (Protection of Persons and Property) Act 1971, making several consequential amendments to align it with the new definitions and provisions introduced by the Court Security Act 2013. These amendments include updates to the definitions and references related to "court premises" and "courts," replacing them with "authority premises" and "investigatory authorities" to reflect the broader scope of entities covered by the new Act. The consequential amendments are designed to ensure that the existing legal provisions continue to operate effectively in the context of the expanded definitions and responsibilities outlined in the Court Security Act 2013.

Scope and Application

The Court Security (Consequential Amendments) Act 2013 is designed to implement changes consequential to the enactment of the Court Security Act 2013. This Act applies to the amendments of the Public Order (Protection of Persons and Property) Act 1971, with a particular focus on broadening the definition and application of certain terms and sections to include investigatory authorities, rather than being limited to courts. The amendments extend to definitions, scope of authority, and premises related to investigatory authorities as per the new legislation. The amendments under this Act commenced on various dates, with the majority effective from 1 July 2013, and certain provisions linked to the commencement of section 3 of the Court Security Act 2013, effective from 1 January 2014. This Act does not specify exclusions, exemptions, or thresholds but amends existing provisions to align with the new court security framework introduced by the Court Security Act 2013.

Key Provisions

The main operative sections of the Court Security (Consequential Amendments) Act 2013 (Cth) are concerned with the amendments to the Public Order (Protection of Persons and Property) Act 1971 (Cth), which is detailed in Schedule 1. These amendments primarily adjust the definitions and references within the Public Order Act to reflect changes introduced by the Court Security Act 2013. For example, section 12 of the Public Order Act is amended to clarify that certain provisions do not apply to Commonwealth premises used for court operations (section 1 of Schedule 1). Furthermore, the scope of terms such as "authorised officer" and "premises" is expanded to include investigatory authorities, thereby broadening the applicability of the Public Order Act to these entities (sections 3, 5, and 6 of Schedule 1). Additionally, the definitions of "court" and "court premises" are repealed and replaced with "investigatory authority" and "authority premises" respectively (sections 6, 7, 8, and 25 of Schedule 1). The Act also removes sections specific to courts and replaces them with provisions applicable to investigatory authorities (sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 of Schedule 1). The obligations imposed by the Act on the parties or entities it governs include the requirement to adapt their terminology and application of the Public Order Act to encompass investigatory authorities. This involves recognizing the expanded definitions of "authorised officer" and "authority premises" and ensuring that the provisions of the Public Order Act are applied appropriately to these new entities. The Act also necessitates that any references to courts or court premises in the Public Order Act be updated to reflect the changes introduced by the Court Security Act 2013. This includes modifying the headings and specific subsections to ensure consistency and accuracy in the application of the amended Act. The Act establishes specific offences, penalties, and consequences for breaches of the amended provisions. Under the Public Order Act, there are penalties for offenses such as unauthorised entry to premises, possession of offensive weapons, and breaches of peace. The penalties for these offences can include fines and imprisonment, with the exact penalties varying depending on the severity of the offence. For instance, unauthorised entry to premises can result in fines up to a certain amount and/or imprisonment for a specified duration. Similarly, possessing an offensive weapon with intent to use it to cause fear can lead to more severe penalties, including higher fines and longer imprisonment terms. The exact maximum penalties are detailed in the Public Order Act itself. Any breach of the amended provisions within the scope of the Court Security (Consequential Amendments) Act 2013 would be subject to these penalties, ensuring that the law remains enforceable and effective in protecting the security of court operations and investigatory authority premises.

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Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.