Version incorporating amendments as at
11 October 2023
table of provisions
Section Page
1 Short title and commencement 1
2 Definitions 1
2A Appointment of authorized officers 7
2B Identity card 9
2C Who may enter into court security agreement 9
2D Matters to be included in agreement 10
2E Application of FOI 11
3 Powers of authorized officer 12
3A Police to be present at courts 16
4 Offence to carry or possess firearm, explosive substance or offensive weapon on court premises 17
4A Offence to record proceeding 17
4B Offence to publish recording of proceeding 18
4C Offence to transmit to or give recording of proceeding to another person 19
5 Savings 21
6 Regulations 21
7 Powers to make rules of court or regulations 21
8 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 22
Endnotes 23
1 General information 23
2 Table of Amendments 25
3 Explanatory details 28
Version No.044
Court Security Act 1980
No. 9499 of 1980
Version incorporating amendments as at
11 October 2023
An Act to make Provisions in relation to the secure and orderly operation of Courts and other Tribunals, and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
(1) This Act may be cited as the Court Security Act 1980.
(2) This Act shall come into operation on the day upon which it receives the Royal Assent.
S. 2 amended by No. 3/2005 s. 17(2) (ILA s. 39B(1)).
2 Definitions
(1) In this Act, unless inconsistent with the context or subject-matter—
S. 2(1) def. of Australian legal practitioner inserted by No. 62/2014 s. 75, repealed by No. 17/2014 s. 160(Sch. 2 item 26A) (as amended by No. 62/2014 s. 79).
S. 2(1) def. of authorized officer substituted by No. 64/1996
s. 19(a), amended by Nos 37/2014 s. 10(Sch. item 35.1)(b)), 59/2015 s. 24(b), 38/2017 s. 44(a).
authorized officer, in relation to any court, means a police officer, police custody officer, protective services officer or a person appointed as an authorized officer under section 2A;
S. 2(1) def. of chief executive officer inserted by No. 64/1996
s. 19(b).
chief executive officer, in relation to a court, means the chief executive officer of the court, by whatever name called;
S. 2(1) def. of Chief Executive Officer of Court Services Victoria inserted by No. 38/2017 s. 44(d).
Chief Executive Officer of Court Services Victoria means the person appointed under section 22 of the Court Services Victoria Act 2014;
S. 2(1) def. of clerk
amended by Nos 57/1989
s. 3(Sch. item 38), 77/2008 s. 129(Sch. 2 item 8), 3/2016 s. 13(a).
clerk in relation to a court means—
(a) in the case of the Supreme Court, the Prothonotary;
(b) in the case of the County Court, the Registrar of the County Court;
(c) in the case of the Magistrates' Court, a registrar of that Court;
(ca) in the case of the Coroners Court, a registrar of that Court;
(cb) in the case of the Children's Court, the principal registrar of that Court;
(d) in the case of any other court, the person prescribed by the regulations to be the clerk of that court;
S. 2(1) def. of contractor inserted by No. 64/1996
s. 19(b), amended by No. 38/2017 s. 44(b).
contractor means a party to an agreement under section 2C with Court Services Victoria or a chief executive officer of a court;
S. 2(1) def. of court
substituted by No. 3/2016 s. 13(b).
court includes—
(a) the Supreme Court; and
(b) the County Court; and
(c) the Magistrates' Court; and
(d) the Children's Court; and
(e) the Coroners Court; and
(f) VCAT; and
(g) the Victims of Crime Assistance Tribunal; and
(h) any prescribed tribunal, body or person which is by law entitled to hear, receive and examine evidence;
S. 2(1) def. of court premises substituted by No. 68/2013 s. 3.
court premises means—
(a) any premises occupied in connection with the operations of a court, including—
(i) the precincts and immediate environs of those premises, adjacent car parks, adjacent footpaths and laneways between or abutting court premises; and
(ii) court buildings and the exit and entry points and steps to those buildings; or
(b) any other place, limited to where a court is, for the time being, constituted and performing the functions or exercising the powers of that court or in connection with court operations, including any area in the immediate vicinity of that place;
S. 2(1) def. of Court Services Victoria inserted by No. 62/2014 s. 75.
Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;
explosive substance has the same meaning as in Division 8 of Part I of the Crimes Act 1958;
S. 2(1) def. of firearms amended by No. 39/1989
s. 4(3)(Sch. item 1), substituted by No. 66/1996
s. 204.[1]
firearm has the same meaning as in the Firearms Act 1996;
S. 2(1) def. of frisk search inserted by No. 64/1996
s. 19(b).
frisk search means—
(a) a search of a person's body conducted by quickly running the hands over the person's outer garments; and
(b) an examination of anything worn by the person that is conveniently and voluntarily removed by the person; and
(c) an examination of anything carried by the person that is voluntarily given to an authorized officer;
S. 2(1) def. of judicial officer inserted by No. 62/2014 s. 75.
judicial officer includes a non-judicial member of VCAT;
S. 2(1) def. of news media organisation inserted by No. 62/2014 s. 75.
news media organisation has the same meaning as in the Open Courts Act 2013;
S. 2(1) def. of offensive weapon amended by No. 26/2023 s. 3(2).
offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with that person for such use;
S. 2(1) def. of pandemic declaration inserted by No. 26/2023 s. 3(1).
pandemic declaration has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 2(1) def. of pandemic order inserted by No. 26/2023 s. 3(1).
pandemic order has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 2(1) def. of police custody officer inserted by No. 59/2015 s. 24(a).
police custody officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 35.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of proceeding inserted by No. 62/2014 s. 75.
proceeding means a proceeding in the Supreme Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT or the Victims of Crime Assistance Tribunal;
S. 2(1) def. of prohibited item inserted by No. 3/2005 s. 17(1).
prohibited item means—
(a) a firearm; or
(b) an explosive substance; or
(c) an offensive weapon; or
(d) an item that is likely to affect adversely the security, good order or management of the court premises;
S. 2(1) def. of protective services officer inserted by No. 59/2015 s. 24(a).
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of publish inserted by No. 62/2014 s. 75.
publish means disseminate or provide access to the public by any means, including—
(a) by publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) by electronic communication; or
(d) by public exhibition;
S. 2(1) def. of recording inserted by No. 62/2014 s. 75.
recording means all or part of an audio, visual or audiovisual recording and includes a photograph;
S. 2(1) def. of scanning search inserted by No. 64/1996
s. 19(b), amended by No. 38/2017 s. 44(c).
scanning search means a search carried out by an electronic or mechanical device whether hand held or otherwise;
S. 2(1) def. of Victims of Crime Assistance Tribunal inserted by No. 38/2017 s. 44(d).
Victims of Crime Assistance Tribunal means the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996.
S. 2(2) inserted by No. 3/2005 s. 17(2).
(2) A reference in this Act to "the security, good order or management of the court premises" includes—
S. 2(2)(a) amended by No. 26/2023 s. 3(3)(a).
(a) the safety and welfare of all persons who work at or attend the court premises;
(b) the safety and welfare of all persons in custody at the court premises;
S. 2(2)(c) amended by No. 26/2023 s. 3(3)(b).
(c) the good order or management of legal proceedings or other business conducted at the court premises;
S. 2(2)(d) inserted by No. 26/2023 s. 3(4).
(d) in relation to a pandemic declaration, the health of all persons or any class of person who work at, attend or are in custody at the court premises;
S. 2(2)(e) inserted by No. 26/2023 s. 3(4).
(e) the following of any relevant pandemic order at the court premises;
S. 2(2)(f) inserted by No. 26/2023 s. 3(4).
(f) the following of any relevant directions made by an authorised officer under Part 8A or 10 of the Public Health and Wellbeing Act 2008 at the court premises.
S. 2A inserted by No. 64/1996
s. 20, substituted by No. 38/2017 s. 45.
2A Appointment of authorized officers
(1) The Chief Executive Officer of Court Services Victoria may appoint, in accordance with this section, a person as an authorized officer in relation to any of the following courts—
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
(d) the Children's Court;
(e) the Coroners Court;
(f) VCAT;
(g) the Victims of Crime Assistance Tribunal.
(2) The chief executive officer or a clerk of a tribunal, body or person prescribed for the purposes of paragraph (h) of the definition of court in section 2(1) may appoint, in accordance with this section, a person as an authorized officer in relation to that tribunal, body or person.
(3) Before appointing a person under subsection (1) or (2), the relevant decision maker must be satisfied that the person—
(a) is competent to exercise the functions conferred on an authorized officer by or under this Act; and
(b) is of good repute, having regard to character, honesty and integrity; and
(c) has agreed in writing to exercise the functions conferred on an authorized officer by or under this Act.
(4) In this section—
relevant decision maker means—
(a) the Chief Executive Officer of Court Services Victoria in relation to a court referred to in subsection (1); or
(b) the chief executive officer or a clerk in relation to a tribunal, body or person referred to in subsection (2).
S. 2B inserted by No. 64/1996
s. 20.
2B Identity card
S. 2B(1) amended by Nos 38/2017 s. 46(1), 26/2023 s. 6.
(1) The Chief Executive Officer of Court Services Victoria or the chief executive officer of a court or a clerk of a court must issue an identity card to each authorized officer appointed by that person under section 2A.
(2) An identity card under subsection (1) must—
(a) contain a photograph of the authorized officer; and
(b) contain the signature of the authorized officer; and
S. 2B(2)(c) substituted by No. 38/2017 s. 46(2).
(c) be signed by the person who issued it.
(3) An authorized officer issued with an identity card under subsection (1) must—
(a) at all times while on duty at a court wear it in such manner as to be visible to other persons;
(b) produce it on being requested to do so.
5 penalty units.
S. 2C inserted by No. 64/1996
s. 20, substituted by No. 38/2017 s. 47.
2C Who may enter into court security agreement
(1) Subject to the Financial Management Act 1994 and the regulations made under that Act, Court Services Victoria may enter into an agreement for and on behalf of the Crown with a person or body for the provision by that person or body of court security services to any of the following courts—
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
(d) the Children's Court;
(e) the Coroners Court;
(f) VCAT;
(g) the Victims of Crime Assistance Tribunal.
(2) Subject to the Financial Management Act 1994 and the regulations made under that Act, the chief executive officer of a tribunal, body or person prescribed for the purposes of paragraph (h) of the definition of court in section 2(1) may enter into an agreement for and on behalf of the Crown with a person or body for the provision by that person or body of court security services to that tribunal, body or person.
S. 2D inserted by No. 64/1996
s. 20.
2D Matters to be included in agreement
An agreement under section 2C must provide for—
(a) compliance by the contractor with all relevant provisions of this Act or the rules or regulations or of any other Act or instrument of a legislative character;
(b) objectives and performance standards in relation to the provision of services;
(c) the fees, costs and charges to be paid to the contractor;
S. 2D(d) amended by No. 38/2017 s. 48.
(d) the submission of periodic reports by the contractor to Court Services Victoria or the chief executive officer, as the case may be, in relation to the contractor's operations under the agreement;
(e) an indemnity by the contractor in favour of the Crown and the Minister;
(f) the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the contractor;
(g) the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor;
(h) any other matter that may be prescribed.
S. 2E inserted by No. 64/1996
s. 20.
2E Application of FOI
The Freedom of Information Act 1982 applies to a contractor in its capacity as a provider of court security services under this Act as if—
(a) the contractor were an agency within the meaning of that Act; and
(b) the holder of the office specified in the agreement under section 2C for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and
(c) the Minister were the responsible Minister of that agency; and
(d) the persons employed by the contractor were officers of that agency.
S. 2F inserted by No. 64/1996
s. 20, repealed by No. 82/2012 s. 286.
3 Powers of authorized officer
S. 3(1) amended by No. 26/2023 s. 4(1)(a).
(1) Subject to any limitations or restrictions provided by the rules an authorized officer may demand from a person who is on court premises that person's name and address, the person's reason for being on the premises and evidence of the person's identity.
S. 3(2) amended by No. 10/2004 s. 15(Sch. 1 item 3).
(2) Any person who in response to a demand under subsection (1)—
(a) fails or refuses to supply any of the information;
(b) gives false information; or
(c) provides any false evidence of identity—
shall be guilty of an offence against this Act and liable to a penalty not exceeding 10 penalty units.
S. 3(2A) inserted by No. 38/2017 s. 49(1).
(2A) Subject to any limitations or restrictions provided by the rules, an authorized officer—
(a) may give to a person who wishes to enter court premises, or is on the court premises, a reasonable direction to do or not do a thing, for the purpose of maintaining or restoring the security, good order or management of the court premises; and
(b) may escort a person to or from court premises if that person has consented to being escorted by the authorized officer; and
(c) may, in the course of escorting a person to or from court premises, give a reasonable direction to another person to do or not do a thing, for the purpose of maintaining the safety of the person or the authorized officer; and
(d) may, if the authorized officer reasonably suspects that a recording, transmission or publication made or being made of a proceeding is not permitted by or under this Act or any other law, direct a person to do one or more than one of the following—
(i) stop making the recording, transmission or publication;
(ii) permit an authorized officer to view the recording, transmission or publication on a device;
(iii) delete the recording.
Note
Sections 4A, 4B and 4C of this Act, sections 3 and 4 of the Judicial Proceedings Reports Act 1958, Part 8 of the Family Violence Protection Act 2008 and section 20 of the Supreme Court Act 1986 place restrictions on the recording, publication and transmission of court proceedings. An order made under the Open Courts Act 2013 may restrict the publication of proceedings and that Act refers to other Acts that restrict the publication of proceedings.
S. 3(2B) inserted by No. 38/2017 s. 49(1), amended by No. 26/2023 s. 4(2).
(2B) Subject to subsection (2C), a person must comply with a direction under subsection (2A).
Penalty: 10 penalty units.
S. 3(2C) inserted by No. 38/2017 s. 49(1).
(2C) A person does not contravene subsection (2B) in relation to a direction under subsection (2A)(d) if the recording, transmission or publication is permitted by or under this Act or any other law.
S. 3(3) substituted by Nos 64/1996
s. 21, 3/2005 s. 18(1).
(3) Subject to any limitations or restrictions provided by the rules, an authorized officer may require a person who wishes to enter the court premises, or is on the court premises—
(a) to submit to a frisk search or a search of any thing in the person's possession;
S. 3(3)(b) amended by No. 26/2023 s. 4(1)(b).
(b) to submit to a scanning search of their person or of any thing in the person's possession;
(c) to surrender to the authorized officer any item that the authorized officer believes on reasonable grounds is a prohibited item.
S. 3(4) substituted by Nos 64/1996
s. 21, 38/2017 s. 49(2).
(4) An authorized officer may use reasonable force to do any of the following—
(a) conduct a frisk search or scanning search under subsection (3);
(b) enforce a direction given to the person under subsection (2A);
(c) prohibit a person from entering, or remove a person from, court premises under subsection (5) or (9);
S. 3(4)(d) substituted by No. 26/2023 s. 4(3).
(d) seize under subsection (6) any item the authorized officer believes on reasonable grounds is a prohibited item;
(e) ensure the safety of a person being escorted, or the safety of an authorized officer when escorting a person, under subsection (2A)(b).
S. 3(4A) inserted by No. 38/2017 s. 49(2).
(4A) An authorized officer who conducts a search under this section must not subject a person to greater indignity than is reasonably necessary to conduct the search.
S. 3(5) substituted by No. 64/1996
s. 21, amended by No. 38/2017 s. 49(3).
(5) If, when asked, a person does not submit to a demand under subsection (1), comply with a direction under subsection (2A) or a requirement under subsection (3), an authorized officer may prohibit the person from entering the court premises, or if the person is on the court premises, remove the person from the court premises.
S. 3(6) inserted by No. 64/1996
s. 21, substituted by Nos 3/2005 s. 18(2), 26/2023 s. 4(4).
(6) An authorized officer who, during a search, finds an item that the authorized officer believes on reasonable grounds is a prohibited item or to whom an item is surrendered that the authorized officer believes on reasonable grounds is a prohibited item, may seize and retain that item as a prohibited item in accordance with this section.
S. 3(7) inserted by No. 64/1996
s. 21, substituted by No. 3/2005 s. 18(2).
(7) A prohibited item (other than a firearm, an explosive substance or an offensive weapon) that is surrendered by a person in compliance with a requirement under subsection (3)(c) must be retained by the authorized officer until—
(a) the person requests the item's return; or
(b) the expiration of 28 days after the item was surrendered—
whichever happens first.
S. 3(8) inserted by No. 64/1996
s. 21, substituted by No. 3/2005 s. 18(2).
(8) Despite anything to the contrary in this section, if—
S. 3(8)(a) amended by No. 37/2014 s. 10(Sch. item 35.2).
(a) a surrendered or seized prohibited item is a firearm, an explosive substance or an offensive weapon whose possession would constitute an offence under the Crimes Act 1958, the Control of Weapons Act 1990 or this Act, the chief executive officer or a clerk of the court must ensure that the item is given to a police officer within 24 hours after the item is surrendered or seized;
(b) a surrendered or seized prohibited item is not an item referred to in paragraph (a) and is not collected within 28 days after it was surrendered or seized, the chief executive officer or a clerk of the court may destroy the item or sell the item and retain the proceeds of the item's sale.
S. 3(9) inserted by No. 64/1996
s. 21, substituted by No. 3/2005 s. 18(2), amended by No. 11/2021 s. 106.
(9) An authorized officer may refuse a person entry to the court premises or remove a person from the court premises if the authorized officer believes on reasonable grounds that the person is likely to affect adversely the security, good order or management of the court premises.
S. 3(10) inserted by No. 3/2005 s. 18(2), amended by No. 26/2023 s. 4(2).
(10) A person must comply with a requirement under subsection (3).
10 penalty units.
S. 3(11) inserted by No. 38/2017 s. 49(4), amended by No. 26/2023 s. 4(5).
(11) An authorized officer who gives a direction to a person or demands or requires a person to do a thing under this section must advise the person before or immediately after giving the direction or making the demand or requirement that the person may commit an offence by not complying with the direction, demand or requirement.
S. 3A inserted by No. 68/2009 s. 97(Sch. item 36).
3A Police to be present at courts
The Chief Commissioner of Police must—
S. 3A(a) amended by No. 37/2014 s. 10(Sch. item 35.3).
(a) direct that a sufficient number of police officers be present to keep order on court premises at all sittings of—
(i) the Supreme Court in its criminal jurisdiction; and
(ii) the County Court in its criminal jurisdiction; and
S. 3A(b) amended by No. 37/2014 s. 10(Sch. item 35.3).
(b) at the request of the judge presiding at a particular sitting of a court referred to in paragraph (a), direct that an additional number of police officers be present at that sitting.
S. 4 (Heading) inserted by No. 62/2014 s. 76.
4 Offence to carry or possess firearm, explosive substance or offensive weapon on court premises
A person who without lawful excuse carries or has in his possession on court premises a firearm or an explosive substance or an offensive weapon is guilty of an indictable offence.
Imprisonment for seven years.
S. 4A inserted by No. 62/2014 s. 77.
4A Offence to record proceeding
(1) A person must not intentionally make a recording of a proceeding except in accordance with subsection (2), (3) or (4).
Penalty: 20 penalty units.
(2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may make a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.
Example to s. 4A(2) amended by No. 26/2023 s. 9(1).
Example
To enable the preparation of an official transcript of a court proceeding or for the purposes of section 8B of the Open Courts Act 2013.
S. 4A(3) amended by No. 26/2023 s. 9(2).
(3) Subject to any direction of a court—
(a) a representative of a news media organisation may make an audio recording of a proceeding for the purpose of preparing a media report; and
(b) an Australian legal practitioner or other prescribed person may make an audio recording of a proceeding for the purposes of the legal representation of a person in that proceeding.
(4) A person may make a recording of a proceeding if—
(a) express written permission is given by a judicial officer, whether in respect of—
(i) a specific proceeding or class of proceedings; or
(ii) generally; or
(b) required by or authorised under any other Act or subordinate instrument; or
(c) the recording is of a prescribed class of recordings.
S. 4B inserted by No. 62/2014 s. 77.
4B Offence to publish recording of proceeding
S. 4B(1) amended by No. 26/2023 s. 10(1).
(1) A person must not intentionally publish a recording of a proceeding except in accordance with subsection (2) or (2A).
Penalty: 20 penalty units.
(2) A person may publish a recording of a proceeding if express written permission is given by a judicial officer, whether—
(a) in respect of a specific proceeding or class of proceedings or generally; or
(b) for a specific purpose; or
(c) subject to specified conditions; or
(d) in respect of a specific recording or class of recordings; or
(e) as provided for in any combination of paragraphs (a), (b), (c) or (d).
S. 4B(2A) inserted by No. 26/2023 s. 10(2).
(2A) A person may publish a recording of a proceeding if the person does so on behalf of a court or tribunal for a purpose set out in section 8B of the Open Courts Act 2013.
(3) A person who, after publishing a recording of a proceeding, becomes aware that the recording is not a recording permitted to be made under section 4A(2), (3) or (4) or permitted to be published under subsection (1) must take all reasonable steps within that person's power to remove from publication or take down that recording.
Penalty: 20 penalty units.
(4) A person is not liable to be prosecuted for an offence against both subsection (1) and section 4C(1) in respect of the same recording.
S. 4C inserted by No. 62/2014 s. 77.
4C Offence to transmit to or give recording of proceeding to another person
(1) A person must not intentionally transmit to or give a recording of a proceeding to another person except in accordance with subsection (2), (3) or (4).
Penalty: 20 penalty units.
(2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may transmit a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.
Example to s. 4C(2) amended by No. 26/2023 s. 11(1).
Example
To enable the preparation of an official transcript of a court proceeding or for the purposes of section 8B of the Open Courts Act 2013.
S. 4C(3) amended by No. 26/2023 s. 11(2).
(3) Subject to any direction of a court—
(a) a representative of a news media organisation may transmit an audio recording of a proceeding made in accordance with section 4A(3)(a) to another employee or agent of that news media organisation to enable that news media organisation to prepare a media report; and
(b) an Australian legal practitioner or other prescribed person may transmit an audio recording of a proceeding made in accordance with section 4A(3)(b) to another person assisting with the legal representation of the person referred to in that section in that proceeding.
(4) A person may transmit or give a recording of a proceeding to another person if—
(a) express written permission is given by a judicial officer, whether in respect of—
(i) a specific proceeding or class of proceedings; or
(ii) generally; or
(b) required by or authorised under any other Act or subordinate instrument; or
(c) the recording is of a prescribed class of recordings.
5 Savings
(1) The powers conferred by this Act are in addition to and shall not derogate from any other powers conferred on or possessed by any court judge or person in relation to the conduct of proceedings in a court or the regulation of the conduct of persons in court premises.
(2) Nothing in this Act affects any other power of the court in relation to contempt of the court or any other similar power.
S. 6 amended by No. 62/2014 s. 78 (ILA s. 39B(1)).
6 Regulations
S. 6(1) amended by No. 38/2017 s. 80.
(1) The Governor in Council may make regulations for or with respect to any matter authorised or required to be prescribed for the purposes of this Act or any matter that is necessary or convenient for better securing public order and safety in the courts.
S. 6(2) inserted by No. 62/2014 s. 78.
(2) The regulations—
(a) may be of general or limited application;
(b) may differ according to differences in time, place or circumstances;
(c) without limiting paragraph (b), may make different provision for different courts or tribunals or classes of courts or tribunals.
7 Powers to make rules of court or regulations
Powers conferred on any court or on the Governor in Council or on any other person or persons by or under any Act to make rules of court or regulations with respect to the procedure of a court extend to the making of rules of court for the purposes of this Act.
S. 7A inserted by No. 11/2020 s. 29, amended by No. 27/2020 s. 22, 11/2021 s. 105, 53/2021 s. 26, 38/2022 s. 89, repealed by No. 26/2023 s. 5.
S. 8 inserted by No. 38/2017 s. 50.
8 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
(1) A person who was an authorized officer immediately before the commencement of section 45 of the Justice Legislation Amendment (Court Security, Juries andOtherMatters) Act 2017 is, on the commencement of that section, taken to be an authorized officer appointed by the relevant decision maker within the meaning of section 2A.
(2) A court security agreement under section 2C that was in force immediately before the commencement of section 47 of the Justice Legislation Amendment (Court Security, Juriesand Other Matters) Act 2017 continues in force for the remainder of its term unless sooner terminated.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Court Security Act 1980 was assented to on 23 December 1980 and came into operation on 23 December 1980: section 1(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Court Security Act 1980 by Acts and subordinate instruments.
S. 2(1) def. of firearm: Section 5 of the Prescribed Weapons Act 1989, No. 39/1989 (repealed) provided as follows:
5 Sunset provision
This Act and the amendments made by this Act to any other Act continue in force until the day which is 12 months after the day on which this Act comes into operation and no longer and on and after that day any Act amended by this Act has effect as if this Act had not been enacted. ↑