27Power to seize dangerous item

27 Power to seize dangerous item

(1) A security officer (the seizing officer) may seize a dangerous item from a person on court premises if either: (a) the person has not complied with a request by a security officer or an authorised court officer under section 16 for the person to give the item to a security officer or an authorised court officer for safekeeping; or (b) the seizing officer reasonably believes that it is necessary to seize the item: (i) to stop an imminent threat to the safety of a person on the court premises; or (ii) to stop an imminent threat of serious damage to property on the court premises; or (iii) to prevent or stop the commission of an offence on the court premises. (2) A security officer may use only such force as is necessary and reasonable in the circumstances in seizing a dangerous item under this section. (3) A security officer who seizes a dangerous item from a person under this section must either: (a) take reasonable steps to give the item to a police officer as soon as reasonably practicable; or (b) return the item to the person when the person is about to leave the premises, if the person requests the return of the item and the security officer is satisfied of all of the following: (i) the item has not been, and is not likely to be, used in the commission of an offence on the court premises; (ii) the item is not a firearm or other weapon whose possession by the person is prohibited by a law of the State or Territory in which the court premises are located; (iii) returning the item to the person is not likely to give rise to an imminent threat to the safety of any person.

Note: Section 48A also deals with disposal of items seized under this section.