NSWIn ForceAct
Court Security Act 2005
20Safeguards concerning exercise of relevant powers
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#### 20 Safeguards concerning exercise of relevant powers
20 Safeguards concerning exercise of relevant powers
> > (1) This section—
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> > > (a) does not apply to the exercise of a power under section 10, 11 or 13A, and
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> > > (b) applies in addition to, and not in derogation of, the provisions of section 14.
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> > Note.
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> > Sections 10, 11 and 13A make special provision for the giving of the kind of information referred to in this section.
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> > Section 14, which confers a power on security officers to give persons in court premises reasonable directions, contains a number of safeguards in relation to the exercise of the power.
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> > (2) A security officer must provide the person who is subject to the exercise of a relevant power with the following information within the time specified by subsection (3)—
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> > > (a) evidence that the officer is a security officer (for example, by showing the person the officer’s certificate of identification),
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> > > (b) the name or badge number of the security officer,
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> > > (c) the reason for the exercise of the power,
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> > > (d) a warning that failure or refusal to comply with a direction or requirement of the security officer, in the exercise of the power, may be an offence.
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> > (3) The information referred to in subsection (2) must be provided—
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> > > (a) in the case of the exercise of a power of arrest—
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> > > > (i) if it is practicable to do so, before or at the time of exercising the power, or
> > >
> > > > (ii) if it is not practicable to do so, as soon as is reasonably practicable after exercising the power, or
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> > > (b) in any other case—before exercising the power concerned.
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> > (4) The information referred to in subsection (2) may, but need not, be provided in writing.
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> > (5) If 2 or more security officers are exercising a relevant power, only one officer present is required to comply with this section.
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> > (6) However, if a person asks another security officer present for information as to the name or badge number of the security officer, the security officer must give to the person the information requested.
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> **s 20:** Am 2011 No 45, Sch 2.3 \[4\] \[5\].