38Offence—possessing weapon on court premises

38 Offence—possessing weapon on court premises

(1) A person must not possess a weapon on court premises.

Penalty: Imprisonment for 12 months.

(2) Subsection (1) does not apply to: (a) the possession of a weapon by a member of a court, security officer, authorised court officer, police officer or member of staff of a court in the performance of his or her duties; or (b) the possession of a weapon by a person in the performance of duties that the person, or the person’s employer, has under a contract to assist the operation of a court; or (c) the possession of a weapon that is, or is to be, evidence before a court for whose sittings or other operations the court premises are used or occupied.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.