Admission to Courts (Supreme Court) Regulations 2006

Admission to Courts (Supreme Court) Regulations 2006

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 and on the recommendation of the judges, make the following regulations under the Admission to Courts Act 1916 .

W. J. E. COX

Governor

By His Excellency's Command,

STEVEN KONS

Minister for Justice and Workplace Relations

1.   Short title

These regulations may be cited as the Admission to Courts (Supreme Court) Regulations 2006 .

2.   Commencement

These regulations take effect on 1 January 2007.

3.   Interpretation

In 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, 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 the person that is conveniently 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.

4.   Application of regulations

These regulations apply to the Supreme Court.

5.   Admission 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 to 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.

6.   Powers 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) in response to such a requirement, state a false name or address or give false evidence of identity.

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.

7.   Prohibited things

(1)  An authorized officer –

(a) may 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) may seize and detain a prohibited thing found during a search under subregulation (1)(a)(i) ; or

(c) may 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.

8.   Appointed persons

(1)  The Chief Justice, by instrument in writing, may appoint a person to give directions to an authorized officer in respect of the Supreme Court.

(2)  An appointed person may only give directions in accordance with any conditions specified in the instrument of appointment.

(3)  An authorized officer is to act as directed by the Chief Justice, a judge presiding in a particular court or an appointed person.

9.   Limitations on powers

An 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 a court or an appointed person; or

(c) is enforcing an order made under regulation 5(1) .

10.   Effect 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 27 December 2006

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for the admission of persons to the Supreme Court of Tasmania; and

(b) provide for the powers of authorized officers and for the appointment of persons to give directions to authorized officers; and

(c) provide for other miscellaneous matters; and

(d) are made consequentially on the repeal of the Admission to Courts Regulations 1995 under section 11 of the Subordinate Legislation Act 1992 .