{"id":"court-security-act-1998","name":"Court Security Act 1998","slug":"court-security-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29974,"registerId":"nt-court-security-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Court Security Act 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOURT SECURITY ACT 1998\nAs in force at 25 May 2024\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Application ....................................................................................... 1\n4 Definitions ........................................................................................ 2\nPart 2 Entry to and exclusion from court\nDivision 1 Security Officers\n5 Security officers ............................................................................... 3\n6 Termination of appointment ............................................................. 4\nDivision 2 Court security\n7 Person may be required to state name and address, &c. ................ 4\n8 Searches ......................................................................................... 5\n9 No firearms, explosives or offensive weapons on court\npremises .......................................................................................... 6\n10 Seizure and forfeiture of firearms, &c. ............................................. 6\n11 Placards, objects, &c., likely to engender violence .......................... 6\n12 Security officer may require object capable of concealing\nfirearms, &c., to be deposited .......................................................... 7\n13 Unlawful, disorderly conduct, &c...................................................... 7\n14 Refusal of requirement of security officer ........................................ 7\n15 Obstruction, &c., of security officer .................................................. 8\n16 Arrest ............................................................................................... 8\nPart 3 Miscellaneous\n17 Judge may close court ..................................................................... 9\n18 Regulations.................................................................................... 10\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 May 2024\n____________________\nCOURT SECURITY ACT 1998\nAn Act to provide for the security of courts and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Court Security Act 1998.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Application\n(1) This Act is in addition to and does not derogate from any other\npower that a court, judge or person has relating to the conduct of\nproceedings in a court or regulating the conduct of persons on court\npremises.\n(2) This Act does not affect any power of a court relating to contempt of\nthe court or any other similar power.\n(3) Except as provided in this Act, a person has a right to enter and\nremain on court premises, where there is room for the person on\nthe court premises, if the person:\n(a) has a proper reason for being on or about the court premises\nor has indicated that he or she wishes to see the proceedings\nof a court; and\n(b) has complied with the requirements, if any, of a judge or\nsecurity officer.\n\nPart 1 Preliminary\nCourt Security Act 1998 2\n4 Definitions\nIn this Act, unless the contrary intention appears:\nChief Executive Officer means the Chief Executive Officer of the\nAgency allotted responsibility by an Administrative Arrangements\nOrder for the administration of courts.\ncourt means:\n(a) the Supreme Court; or\n(b) the Local Court; or\n(d) the Youth Justice Court continued in existence by section 45\nof the Youth Justice Act 2005; or\n(e) the Work Health Court under Part 3 of the Work Health\nAdministration Act 2011; or\n(h) a prescribed court; or\n(j) a tribunal, body or person that is by law entitled to hear,\nreceive and examine evidence and is prescribed.\ncourt premises means the premises or place where a court is held\nor that are used in connection with the operations of a court and\nincludes:\n(a) a forecourt, courtyard, yard or area used in conjunction with\nthe premises or place; and\n(b) a part of premises that is used to provide entry to or exit from\ncourt premises.\nexplosive means a substance or article manufactured, designed or\nordinarily used to produce an explosion or a pyrotechnic effect and\nincludes:\n(a) fireworks and gunpowder;\n(b) a gaseous substance so compressed that it is capable of\nexploding;\n(c) material or a substance used to produce an explosion or\npyrotechnic effect; and\n(d) an apparatus, machine, implement or material, or a part of an\napparatus, machine, implement or material, used or able to be\nused or adapted to cause or aid in causing an explosion or a\npyrotechnic effect.\n\nPart 2 Entry to and exclusion from court\nDivision 1 Security Officers\nCourt Security Act 1998 3\nfirearm has the meaning it has in the Firearms Act 1997.\nfrisk search means a search conducted by a person running his or\nher hands over the outer clothing of the person being searched.\nJudge means a Supreme Court Judge, Local Court Judge, justice\nof the peace or a prescribed person.\noffensive weapon, see section 1 of the Criminal Code.\nscreening search means:\n(a) in relation to a search of a person – a search by equipment\nthat is designed to carry out the search without touching the\nperson; and\n(b) in relation to the search of an object – a search by equipment\nthat is designed to carry out the search without touching the\nobject or requiring it to be opened.\nsecurity officer, in relation to a court, means a person appointed\nunder section 5(2) in relation to the court and person referred to in\nsection 5(1)(a) or (b).\nPart 2 Entry to and exclusion from court\nDivision 1 Security Officers\n5 Security officers\n(1) The following persons are security officers for the purpose of this\nAct:\n(a) a member of the Police Force;\n(b) a sheriff, or an officer of the sheriff, within the meaning of the\nSheriff Act 1962;\n(c) a person appointed under subsection (2).\n(2) The Chief Executive Officer may, in writing, appoint a person to be\na security officer.\n(3) A person is not to be appointed a security officer unless:\n(a) he or she is an employee within the meaning of the Public\nSector Employment and Management Act 1993; or\n\nPart 2 Entry to and exclusion from court\nDivision 2 Court security\nCourt Security Act 1998 4\n(b) he or she holds a crowd controller's licence within the\nmeaning of the Private Security Act 1995 (not being a crowd\ncontroller's transitional licence or a crowd controller's\nprovisional licence within the meaning of that Act).\n(4) The instrument appointing a security officer is to specify his or her\nemployer, if any.\n(5) A person may be appointed a security officer under subsection (2)\nin relation to all courts, or a particular court, as is specified in the\ninstrument appointing the person.\n6 Termination of appointment\n(1) The Chief Executive Officer may, in writing, terminate the\nappointment of a person as a security officer.\n(2) A person appointed under section 5(2) ceases to be a security\nofficer if:\n(a) he or she ceases to be an employee of the employer specified\nin his or her instrument of appointment;\n(b) the employer of the security officer ceases to be engaged to\nprovide the services of crowd controllers to the court in\nrelation to which the security officer is appointed; or\n(c) he or she ceases to hold a crowd controller's licence within the\nmeaning of the Private Security Act 1995.\nDivision 2 Court security\n7 Person may be required to state name and address, &c.\n(1) A security officer may require a person who is entering or who is on\ncourt premises:\n(a) to tell the security officer the person's name and address;\n(b) to tell the security officer the person's reason for entering or\nbeing on the premises; and\n(c) to provide to the security officer proof of the person's identity.\n(2) A person must not fail to provide, when required to do so by a\nsecurity officer, his or her name and address, his or her reason for\nentering or being on court premises or any proof of identity the\nperson is carrying.\nMaximum penalty: 17 penalty units.\n\nPart 2 Entry to and exclusion from court\nDivision 2 Court security\nCourt Security Act 1998 5\n(3) A person must not provide to a security officer a false name, a false\naddress, false information as to why the person is entering or on\ncourt premises or a false proof of identity.\nMaximum penalty: 40 penalty units.\n8 Searches\n(1) A security officer may require a person who is entering or who is on\ncourt premises to submit himself or herself and any object in the\npossession of the person to a screening search.\n(2) Where a security officer believes, on reasonable grounds, that it is\nnecessary to do so in the interests of security, he or she may\nrequire a person who is entering or who is on court premises:\n(a) to submit to a frisk search or to remove a jacket or coat and\nsubmit to a frisk search; and\n(b) to open and empty out the person's pockets, to open or empty\na container, briefcase, bag, box, carton or other receptacle in\nthe possession of the person or otherwise to permit the\nsecurity officer to search an object in the possession of the\nperson.\n(3) A frisk search may only be performed by:\n(a) a security officer of the same sex as the person being\nsearched; or\n(b) where a security officer of the same sex as the person being\nsearched is not available to perform the search – by any other\nperson of the same sex who agrees to a request by a security\nofficer to perform the frisk search.\n(4) A person of whom a requirement is made under subsection (1)\nor (2) must, as soon as practicable after the requirement is made:\n(a) comply with the requirement; or\n(b) leave the court premises.\nMaximum penalty: 40 penalty units.\n(5) An action or proceeding, whether civil or criminal, is not to be\ncommenced or lie against a person authorised for the purposes of\nsubsection (3)(b) for or in respect of an act or thing done in good\nfaith by the person performing a frisk search of the person in\naccordance with the request of a security officer.\n\nPart 2 Entry to and exclusion from court\nDivision 2 Court security\nCourt Security Act 1998 6\n9 No firearms, explosives or offensive weapons on court\npremises\n(1) A person must not be in possession of a firearm, explosives or an\noffensive weapon on court premises.\nMaximum penalty: 220 penalty units or imprisonment for\n5 years.\n(2) Subsection (1) does not apply in relation to:\n(a) a member of the Police Force acting in the course of his or her\nduties;\n(b) a security officer acting in the course of his or her duties; or\n(c) a person in possession of a firearm, explosives or an offensive\nweapon for the purposes of proceedings in a court.\n10 Seizure and forfeiture of firearms, &c.\n(1) A security officer may seize a firearm, explosives or an offensive\nweapon that is in the possession of a person, other than a person\nto whom section 9(2) applies, who is entering or who is on court\npremises.\n(2) Where a person is found guilty of an offence against section 9(1),\nthe firearm, explosive or offensive weapon to which the offence\nrelates is forfeited to the Territory.\n(3) Where a person is found guilty of an offence against section 11(2),\nthe placard, poster or object to which the offence relates is forfeited\nto the Territory.\n11 Placards, objects, &c., likely to engender violence\n(1) A security officer may require a person who is entering or who is on\ncourt premises with a placard, poster or other object to deposit the\nplacard, poster or object with the officer if it is:\n(a) offensive, insulting, threatening or indecent; or\n(b) likely to engender violence, create a breach of the peace or\nunreasonably cause substantial annoyance to another person.\n(2) A person required under subsection (1) to deposit a placard, poster\nor object must, as soon as practicable after the requirement is\nmade:\n(a) deposit it with a security officer; or\n\nPart 2 Entry to and exclusion from court\nDivision 2 Court security\nCourt Security Act 1998 7\n(b) leave the court premises with it.\nMaximum penalty: 40 penalty units or imprisonment for\n12 months.\n(3) Where a person fails to comply with a requirement under\nsubsection (1) a security officer may seize the placard, poster or\nobject to which the failure to comply relates.\n12 Security officer may require object capable of concealing\nfirearms, &c., to be deposited\n(1) A security officer may require a person who is entering or who is on\ncourt premises with an object that is reasonably capable of\nconcealing a firearm, explosives or an offensive weapon to deposit\nthe object with the officer.\n(2) A person required to deposit an object under subsection (1) must,\nas soon as practicable after the requirement is made:\n(a) deposit the object with a security officer; or\n(b) leave the court premises with the object.\nMaximum penalty: 40 penalty units or imprisonment for\n12 months.\n(3) Where a person fails to comply with a requirement under\nsubsection (1) a security officer may seize the object to which the\nfailure to comply relates.\n13 Unlawful, disorderly conduct, &c.\n(1) Where a security officer believes that a person on court premises is\nbehaving unlawfully or in a disorderly or menacing manner, the\nsecurity officer may require the person to leave the premises.\n(2) A person must not contravene or fail to comply with a requirement\nunder subsection (1).\nMaximum penalty: 40 penalty units or imprisonment for\n12 months.\n14 Refusal of requirement of security officer\n(1) Where a person refuses to comply with a requirement of a security\nofficer under section 7, 8, 11 or 12, a security officer may:\n(a) refuse the person entry to the court premises or a part of the\ncourt premises; or\n\nPart 2 Entry to and exclusion from court\nDivision 2 Court security\nCourt Security Act 1998 8\n(b) order the person to leave the court premises or a part of the\ncourt premises.\n(2) A person must not fail to comply with an order of a security officer\nunder subsection (1)(b).\nMaximum penalty: 40 penalty units or imprisonment for\n12 months.\n(3) Where a person fails to comply with:\n(a) an order of a security officer under subsection (1)(b); or\n(b) a requirement of a security officer under section 13(1),\na security officer may remove the person from the court premises or\na part of the court premises using such force as is reasonably\nnecessary for that purpose.\n15 Obstruction, &c., of security officer\nA person must not resist, hinder or obstruct a security officer in the\nexecution of his or her duty.\nMaximum penalty: 85 penalty units or imprisonment for\n2 years.\n16 Arrest\n(1) Where a security officer is of the opinion that a person:\n(a) has committed;\n(b) is committing; or\n(c) is likely to commit,\nan offence against this Act, the security officer may, without\nwarrant, arrest the person and take him or her into custody.\n(2) Where a security officer who arrests a person under subsection (1)\nis not a member of the Police Force, the security officer must\ndeliver the person to a member of the Police Force as soon as\npracticable after the person is arrested.\n(3) A person who is arrested under subsection (1) and is in custody\nmust not be questioned in relation to an offence other than by a\nmember of the Police Force and in accordance with the Police\nAdministration Act 1978.\n\nPart 3 Miscellaneous\nCourt Security Act 1998 9\n(4) Where a person is delivered to a member of the Police Force under\nsubsection (2) the Police Administration Act 1978 applies to and in\nrelation to the person and to the member as if the arrest had been\nmade under that Act.\n(5) A person who is arrested under subsection (1)(a) must be released\nimmediately from custody where it becomes apparent that the\nperson did not commit the offence for which the person was\narrested.\n(6) Nothing in this section derogates from the power of a person to\narrest a person without warrant under section 441 of the Criminal\nCode.\nPart 3 Miscellaneous\n17 Judge may close court\n(1) Where a judge is of the opinion that it is necessary for the purposes\nof securing order and safety in court premises or a part of court\npremises, the judge may:\n(a) make an order requiring members of the public generally, or\nspecified members of the public, to leave the court premises\nor a part of the court premises; or\n(b) make an order refusing members of the public generally, or\nspecified members of the public, admission to the court\npremises or a part of the court premises.\n(2) A person must not contravene or fail to comply with an order of a\njudge under subsection (1).\nMaximum penalty: 85 penalty units or imprisonment for\n2 years.\n(3) Where a person contravenes or fails to comply with an order of a\njudge under this section, a security officer may, using such force as\nis reasonably necessary for the purpose:\n(a) remove the person from the court premises or the part of the\ncourt premises; or\n(b) prevent the person from entering the court premises or the\npart of the court premises.\n\nPart 3 Miscellaneous\nCourt Security Act 1998 10\n18 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nENDNOTES\nCourt Security Act 1998 11\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCourt Security Act 1998 (Act No. 42, 1998)\nAssent date 27 May 1998\nCommenced 1 July 1998 (Gaz S28, 1 July 1998, p 1)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nWork Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act\nNo. 38, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S78, 30 December 2011)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nENDNOTES\nCourt Security Act 1998 12\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));\nrem: 25 May 2024 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 5, 6 and 16.\n4 LIST OF AMENDMENTS\ns 4 amd No. 33, 2005, s 5; No. 30, 2007, s 59; No. 37, 2010, s 13; No. 38, 2011,\ns 31; No. 8, 2016, s 45; No. 9, 2024, s 14\nss 7 – 9 amd No. 12, 2010, s 3\nss 11 – 15 amd No. 12, 2010, s 3\ns 17 amd No. 12, 2010, s 3","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended multiple times (see Endnotes: s 4 amended by a series of Acts; ss 7–9, 11–15 and s 17 amended by the Justice Legislation Amendment (Penalties) Act 2010; further amendments listed through 2024). Those amendments altered definitions, search/exclusion powers and penalty structures and therefore changed the Act's practical scope over time."},"complexity_factors":["Cross-references to multiple external statutes (Firearms Act 1997; Criminal Code; Private Security Act 1995; Police Administration Act 1978; Sheriff Act 1962) require checking other instruments to interpret key terms and exceptions (see s 4 and provisions referencing those Acts).","Delegated discretion to the Chief Executive Officer to appoint and terminate security officers (ss 5(2), 6(1)) introduces administrative decision-making and potential variation by office holders.","Broad operational powers granted to security officers—screening, frisk and equipment searches, seizure, exclusion, use of reasonable force and warrantless arrests—create layered enforcement rules needing practical guidance (ss 8, 10, 12, 14(3), 16).","Judicial discretion to close courts or exclude categories of the public (s 17) overlaps with security officer powers and may require real-time coordination.","Varied penalties and forfeiture rules across offences increase compliance and enforcement complexity (ss 7–13, 15, 17).","\"Prescribed\" elements and the regulation‑making power leave substantive detail to subordinate instruments (s 4 definitions; s 18), requiring review of regulations to see full scope."],"plain_english_summary":"This Act lets authorised security officers and judges control entry to court premises, require identity and screening searches, seize prohibited items (firearms, explosives, offensive weapons, and certain placards), order people to leave and arrest for offences. It affects court users, staff, police and appointed crowd‑control personnel (ss 5–9, 11–16).\n\nThose subject to requirements may face delays, searches, seizure and forfeiture; appointments and court closures are decided by the Chief Executive Officer and judges, and regulations set detail (ss 5–6, 17–18)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of court security. The amendments shown in the endnotes are minor updates – primarily updating court names (adding Youth Justice Court, Work Health Court, Local Court) and penalty adjustments. There is no evidence of scope creep; the Act still deals exclusively with entry control, searches, prohibited items, and removal powers at court premises."},"complexity_factors":["Short statute with only 18 sections across 3 Parts","Minimal cross-referencing – primarily references to external Acts (Firearms Act 1997, Private Security Act 1995, Police Administration Act 1978, Criminal Code) for definitions rather than internal complexity","Straightforward conditional logic – most provisions use simple 'if X then Y' structures without nested exceptions","Only 11 defined terms in section 4, most referencing external legislation rather than creating new complex definitions","Clear offence structure with explicit penalty units stated for each offence","Limited exceptions – section 9(2) contains a simple three-item exception list for firearms possession, but no deeper nesting","Procedural safeguards are explicit and simply stated (e.g., same-sex search requirement in section 8(3), arrest procedures in section 16)"],"plain_english_summary":"The Court Security Act 1998 sets the legal framework for keeping Northern Territory court buildings safe. It governs the powers and limits of court security officers (including police and sheriffs), the conduct expected of anyone entering court premises, and the judicial ability to close courts or exclude people when safety is at risk.\n\nBy authorising searches, refusals of entry, removal and arrest for disorder or dangerous items, it balances public access to justice with protection from violence, intimidation and disruption."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/court-security-act-1998","history":"/api/acts/court-security-act-1998/history","analysis":"/api/acts/court-security-act-1998/analysis","conflicts":"/api/acts/court-security-act-1998/conflicts","importantCases":"/api/acts/court-security-act-1998/important-cases","documents":"/api/acts/court-security-act-1998/documents"}}