17Requests relating to recording, data storage and transmitting devices

17 Requests relating to recording, data storage and transmitting devices

Request to give device to a security officer or an authorised court officer (1) A security officer or an authorised court officer may request a person who is seeking to enter, or is on, court premises to give a recording device, a data storage device or a transmitting device to a security officer or an authorised court officer, if the officer making the request reasonably suspects that the device has been, is being or will be used for: (a) making or storing a recording (an unauthorised recording) covered by subsection (2); or (b) making a transmission (an unauthorised transmission) covered by subsection (2).

Note: Non‑compliance with the request may be an offence against section 18.

(2) This subsection covers a recording or transmission that either: (a) is or will be of proceedings in a court and was, is or will be made without express permission of a member of the court; or (b) is or will be of another event relating to proceedings or proposed proceedings in a court on the court premises and was, is or will be made without express permission of the administrative head of: (i) a court in connection with whose sittings or other operations the premises are used; or (ii) a court whose administrative head made an order under section 6 specifying the premises. Seizure of device for non‑compliance with request (3) A security officer may seize a recording device, data storage device or transmitting device from a person who is on court premises and has not complied with a request under subsection (1) to give the device to a security officer or an authorised court officer. Inspection and operation of device (4) If a security officer or an authorised court officer has been given a device by a person under subsection (1) or has seized a device from a person under subsection (3), a security officer or an authorised court officer may do one or more of the following for the purposes of determining whether it has been, is being or will be used for making or storing an unauthorised recording or for making an unauthorised transmission: (a) inspect the device; (b) request the person to allow a security officer or an authorised court officer to operate the device; (c) request the person to help a security officer or an authorised court officer to operate the device; (d) request the person to operate the device. Deletion of unauthorised recordings (5) After the device has been inspected or operated under subsection (4), a security officer or an authorised court officer may, after informing the person that it may be an offence to use a recording device to make an unauthorised recording or to use a transmitting device to make an unauthorised transmission, make either or both of the following requests of the person: (a) a request not to use the device to make or store an unauthorised recording or to make an unauthorised transmission; (b) a request to delete any unauthorised recordings from the device. Security officer’s and authorised court officer’s powers if request under subsection (4) or (5) not complied with (6) If a security officer or an authorised court officer makes a request of a person under subsection (4) or (5) relating to a device and the person does not comply with the request, a security officer or an authorised court officer may: (a) seize the device; and (b) operate the device for the purposes of determining whether it has been, is being or will be used for making or storing an unauthorised recording or for making an unauthorised transmission; and (c) if the device is being used for making an unauthorised recording or an unauthorised transmission—stop and temporarily prevent that use of the device or give the device to a police officer; and (d) if there are any unauthorised recordings on the device—either delete them or give the device to a police officer.