45Searches

45 Searches (1) A security officer may require a person entering or on court premises to do any of the following: (a) to undergo a screening search; (b) to allow anything in the person’s possession to be subjected to a screening search; (c) to open and empty out the person’s pockets; (d) to open or empty a briefcase, bag or container (for example, a box or carton) the person is carrying or is otherwise in the person’s possession or allow the security officer to search anything the person is carrying or is otherwise in the person’s possession. (2) A requirement made by a security officer under this section— (a) may be made only if the officer believes on reasonable grounds that it is prudent for court security; and (b) may be of general application; and (c) must comply with any written policy made in relation to searches under this section by— (i) the Chief Justice; or (ii) the Chief Magistrate; or (iii) the president of the ACAT.

(3) If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises. Maximum penalty: 50 penalty units. (4) A security officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is necessary to conduct the search.