Legislative Assembly (Security) Act 1998

The Act rests on a small set of core legal concepts that govern its scope and operation.

Authorised person: The Act defines in s5 a closed list of persons with statutory powers. It includes particular Assembly officers, members of the Police Force, licensed crowd controllers engaged for the precincts (and directed by their firm to act there), and persons the Speaker appoints in writing under s5(2). The appointment and termination of appointments are unilateral Speaker powers (s5(2), s6(1)). Crowd controllers lose authorised status if they cease employment by the security firm, the firm ceases engagement, or their licence lapses (s6(2)). Public sector employees appointed by the Speaker also cease to be authorised if they stop being public sector employees (s6(3)). These mechanics allocate who decides and who can act.

Assembly precincts and access rights: "Assembly precincts" is a defined term referring to the precincts as defined by the Legislative Assembly (Powers and Privileges) Act 1992 (s4). The Act recognises a presumption of public access: a person has a right to enter and remain where there is room, provided they have a proper reason or wish to observe proceedings and comply with requirements set by the Speaker or authorised person (s3(2)). That right is expressly stated to be in addition to, and not to derogate from, the Speaker’s existing powers (s3(1)).

Searches and seizures: The Act distinguishes screening searches (non‑touch searches by equipment) and frisk searches (hands run over outer clothing), and grants authorised persons powers to require screening searches of objects and open pockets or receptacles on reasonable grounds in the interests of security (s12). Frisk searches have procedural constraints: an authorised person may conduct a frisk search with the person’s consent (s13(1)), may direct a person to a place to await police for a frisk search (s13(2)-(4)), and must request police attendance where prescribed (s13(4)). In emergencies, authorised persons may require and conduct frisk searches without the police procedure or the consent requirement (s14). Seizure powers allow authorised persons to seize firearms, explosives, offensive weapons and offending placards (ss8(3), 15(1), 16(3)); conviction produces forfeiture to the Territory (s15(2)-(3)).

Proportionality devices and standards: The statute repeatedly conditions intrusive powers on the authorised person having reasonable grounds that the step is "necessary in the interests of security" (for example, s12(2), s13(1), s17(2)). The Act also creates an "emergency" exception where authorised persons may act without prior police attendance or consent where "circumstances of such seriousness and urgency exist" (s14(1), s18(1)).

Obligations and offences: The Act specifies compliance obligations for people on the precincts: to state identity and reason for presence and produce proof on request (s11(1)-(2)), to comply with screening, deposit and removal directions (ss8(2), 12(3), 16(2)), to comply with vehicle directions and to remain where required pending police searches (ss17-18), to comply with orders to leave or not enter the precincts (ss19-20). Refusal, obstruction, providing false details, or resisting an authorised person are penalised (ss10, 11(2)-(3), 19(2), 20(2)).

Police interface: The Act differentiates between powers exercisable directly by authorised persons and powers that require police involvement. Frisk searches outside emergencies are conducted by police or facilitated by police attendance within an allotted timeframe (s13(4)-(6)). Arrests without warrant are permitted for authorised persons where an offence under the Act is suspected, but non‑police authorised persons must hand detainees to police as soon as practicable and questioning must be done by police (s21).

Regulatory backstop: The Administrator may make regulations not inconsistent with the Act to prescribe matters required or convenient for carrying out the Act (s22). The Act also relies on external regulatory frameworks such as licensing under the Private Security Act 1995 for crowd controllers (s5(1)(f)(ii)).

Definitions and cross‑references: The Act imports definitions and operative meaning from other statutes for key terms. Firearm is defined by reference to the Firearms Act 1997 (s4). Offensive weapon, controlled weapon, and prohibited weapon are sourced from the Weapons Control Act 2001 (s4). The interpretation rules of the Interpretation Act 1978 may also apply (note to s4).

The Act allocates duties, powers and liabilities across multiple actor types. The main groups affected are as follows.

Members of the public wanting to access Assembly precincts: The Act conditions the public’s right to enter and remain on the precincts on complying with requirements from the Speaker or authorised persons (s3(2)). Persons entering the precincts must be prepared to present proof of identity, state their reason for presence, comply with screening and deposit requirements for placards or objects, submit to searches (screening, frisk subject to consent or police attendance, and in emergencies without consent), and to be removed or refused entry where they refuse lawful directions (ss8, 11-14, 16-20). Failure to comply attracts criminal penalties (see penalties below).

Authorised persons: The Act confers statutory powers and duties on the persons listed in s5. This includes named Assembly officers (Clerk, Deputy Clerk, Clerk Assistant, Sergeant‑at‑Arms), members of the Police Force, licensed crowd controllers engaged for the precincts and directed by their security firm to act there, and public sector employees appointed by the Speaker. Authorised persons execute front‑line security functions including requiring deposit of objects, directing people to leave, ordering searches, requesting police attendance and effecting arrests without warrant for offences under the Act (ss5, 8-9, 11-13, 15-21). The Speaker decides appointments and terminations of appointees (s5(2), s6(1)).

Members of the Police Force: Police are authorised members under s5(1)(e) and have distinct roles under chapters of the Act. Police may conduct frisk searches (s13(6)), may be requested to attend to enable searches and must be involved in questioning persons arrested under the Act (s21(3)-(4)). Police possess powers to search vehicles and to use reasonable force to break into vehicles or objects when a requirement under s17(6)(b) is not complied with, and similarly in emergencies under s18(4).

Private security firms and crowd controllers: The Act brings licensed crowd controllers within the authorised person category provided two conditions are met: they are directed by their security firm to provide services at the precincts; and they hold a crowd controller’s licence under the Private Security Act 1995 other than provisional or transitional licences (s5(1)(f)). This creates a commercial market effect: private security firms supplying licensed crowd controllers can be authorised to exercise powers under the Act. Crowd controllers cease to be authorised if they lose employment with the relevant security firm, the firm ceases engagement, or their licence lapses (s6(2)).

The Speaker and Assembly administration: The Speaker controls appointment and termination of authorised public sector employees (ss5(2), 6(1)). The Speaker’s directions and the Assembly’s rules remain operative alongside the Act (s3(1)(a)). The Clerk and other Assembly officers are statutorily authorised persons by operation of s5(1).

People carrying placards, posters or other objects: Those entering with such items are subject to deposit requirements where items are offensive, threatening, indecent or likely to engender violence (s8). Failure to deposit or to leave with the item when directed may attract seizure and penalties (s8(2)-(3)).

Vehicle owners, drivers and persons in possession of vehicles on precincts: The Act can require vehicles and drivers to leave the precincts (s17(1)). Where police attendance is required, drivers may be required to stop and to remain while a police search is conducted, and police may compel opening and emptying of a vehicle (s17(2), (6)). In emergencies, authorised persons can require opening and searching without waiting for police (s18).

Litigants and defendants: Persons charged with offences under the Act face specified penalties and possible forfeiture of seized items upon conviction (s15(2)-(3)). Arrests by authorised persons invoke police procedure and the Police Administration Act 1978 as if arrest were made under that Act (s21(4)).

Public resources and police time: The statutory architecture requires police to attend the precincts to conduct certain searches and to take custody of arrested persons. The Act creates a procedural expectation of police participation within 30 minutes where requested for frisk searches or vehicle searches; if police do not attend within 30 minutes, the person is released from the requirement to comply (s13(5), s17(5)). This allocates an operational cost to police resourcing.

Regulatory agencies: The Private Security Act 1995 and the Weapons Control Act 2001 are implicated for definitions and licensing. The Administrator has regulation‑making authority under s22, producing administrative obligations and potential penalties framed by regulation.

This section sets out the main legal obligations imposed by the Act on persons in the precincts and the principal statutory rights or protections the Act provides.

Duties imposed on persons entering or on the precincts

• Identity, reason and proof: An authorised person may require a person to provide name, address and reason for entry or presence and proof of identity; failure to provide these particulars is an offence punishable by up to 17 penalty units, and supplying false particulars carries a maximum of 40 penalty units (s11(1)-(3)).
• Surrender or deposit of placards and objects: Where a placard, poster or object is offensive, threatening or likely to engender violence, an authorised person may require the carrier to deposit it or to leave Parliament House with it; failure to comply carries a maximum penalty of 40 penalty units or 12 months imprisonment, and authorised persons may seize non‑compliant items (s8(1)-(3)).
• Screening searches of objects and opening of receptacles: An authorised person may require screening searches of objects, and may require opening of pockets or receptacles when, on reasonable grounds, it is necessary in the interests of security. A refusal to comply requires the person to leave the precincts and attracts a maximum penalty of 40 penalty units (s12).
• Frisk searches: An authorised person may conduct a frisk search with the person’s consent (s13(1)). Alternatively, an authorised person may require a person to await police to conduct a frisk search; the person must comply with this requirement and police must be requested immediately. If police have not arrived within 30 minutes, the person is no longer required to comply (s13(2)-(6)). In non‑emergency scenarios, frisk searches need either consent or police involvement. In emergency circumstances, authorised persons may require and conduct frisk searches without prior police attendance or consent (s14).
• Deposit of objects capable of concealing weapons: An authorised person may require deposit of objects reasonably capable of concealing firearms, explosives or offensive weapons; the person must deposit the object or leave with it (s16).
• Vehicle and driver obligations: An authorised person may require drivers to leave the precincts with their vehicle, and may require drivers to stop and remain with a vehicle to enable police to search it. Police may require opening and emptying of vehicles and objects and may use reasonable force to effect entry where necessary (ss17-18).
• Compliance with orders to not enter or to leave: An authorised person may order a person who refuses to comply with a requirement to be refused entry or ordered not to enter. Failure to comply with such an order is an offence carrying a maximum penalty of 40 penalty units or 12 months imprisonment. Where a person fails to comply, authorised persons may use reasonable force to prevent entry or to remove the person (s19).
• Removal where refusal to comply: Where a person refuses to comply with orders or requirements (other than s9(1) requirements), an authorised person may order the person to leave. Failure to comply is an offence; authorised persons may remove the person or the person’s vehicle using reasonably necessary force (s20).

Duties imposed on authorised persons and police

• Requesting police attendance for frisk and vehicle searches: Once an authorised person has required a person to await police for a frisk search or a vehicle search, the authorised person must request police attendance as soon as practicable (s13(4), s17(4)). If police do not attend within 30 minutes, the person is released from the obligation to comply and must be informed of that fact (s13(5), s17(5)).
• Arrest and handover: An authorised person may arrest without warrant when they reasonably suspect an offence under the Act, but a non‑police authorised person must deliver the arrestee to police as soon as practicable (s21(1)-(2)). The Police Administration Act 1978 then applies as if the arrest were made under that Act (s21(4)). Persons arrested must only be questioned by police, not by authorised persons (s21(3)).

Rights and protections in the Act

• Right of entry preserved: Subject to space and compliance with speaker or authorised person requirements, the Act preserves a public right to enter and remain on the precincts if the person has a proper reason or wants to see the proceedings (s3(2)). The Act is expressly additional to the Speaker’s powers and does not derogate from them (s3(1)(a)).
• Procedural limit on authorised person searches: Frisk searches by authorised persons require consent except in emergencies (s13(1), s14). Non‑police authorised persons must seek police attendance for frisk searches in non‑emergency situations rather than performing intrusive searches themselves (s13(4)).
• Sex of searcher for frisk searches: Frisk searches must be performed by a police officer of the same sex as the person being searched, or by another same‑sex person who agrees to conduct the search where a same‑sex police officer is not available (s13(7)). The Act provides an immunity for a person conducting such a search at the request of police, where acts are done in good faith (s13(8)).
• Time limit for police attendance: The 30 minute rule for police arrival (s13(5), s17(5)) operates as a time‑bound safeguard against indefinite detention or obligation to submit to a search.
• Emergency exception: The Act furnishes an express emergency pathway allowing authorised persons to act immediately when circumstances of seriousness and urgency exist (s14, s18). That pathway reduces procedural friction in time‑critical circumstances but shifts a higher immediate burden of decision‑making to authorised persons.

Offences and penalties

• Possession of firearms, explosives or offensive weapons: Maximum 215 penalty units or imprisonment for 5 years for being in possession of a firearm, explosive or offensive weapon on the precincts, subject to exceptions for police and authorised persons acting in the course of their duties (s7(1)-(2)).
• Obstruction of authorised person: Resisting, hindering or obstructing an authorised person in execution of duty attracts a maximum of 85 penalty units or imprisonment for 2 years (s10).
• Failure to comply with other requirements: Many compliance failures attract a maximum of 40 penalty units or 12 months imprisonment (for failing to deposit objects, to comply with search or vehicle directions, to leave when ordered, and so on); the identity non‑compliance offence is 17 penalty units and giving false information is 40 penalty units (ss8(2), 11(2)-(3), 12(3), 13(3), 17(3), 18(2), 19(2), 20(2)).

Forfeiture: On conviction for possession or failing to deposit the offending item, the firearm, explosive, offensive weapon or offending placard is forfeited to the Territory (s15).

The Act provides a mix of criminal penalties, seizure and forfeiture, and removal and arrest powers. Enforcement is structured around authorised persons exercising front‑line powers, with police providing search, arrest and custodial support. This section summarises the penalty schema and enforcement mechanics.

Penalty structure and key maxima

• Firearms, explosives and offensive weapons: Possession on the precincts is the most serious offence in the Act, attracting a maximum penalty of 215 penalty units or 5 years imprisonment (s7(1)). Exceptions are explicit for members of the Police Force and authorised persons acting in the course of their duties (s7(2)).
• Obstruction of authorised person: Resisting or obstructing an authorised person carries a maximum of 85 penalty units or 2 years imprisonment (s10).
• Failure to comply with deposit, search, removal and vehicle directions: Many compliance failures carry a maximum of 40 penalty units or 12 months imprisonment. These include failing to deposit placards or objects (s8(2)), failing to comply with screening or search orders (s12(3)), refusing to comply with frisk search waiting orders (s13(3)), refusing vehicle removal or search compliance (s17(3), s17(7)), failing to comply with emergency search orders (s14(2), s18(2)), and refusing to obey orders not to enter or to leave (s19(2), s20(2)). Providing false name or address is likewise a 40 penalty unit offence (s11(3)); failing to provide name, address or reason is 17 penalty units (s11(2)).
• Seizure and forfeiture: Authorised persons may seize objects or placards in default of compliance (s8(3), s12(3), s16(3), s15(1)). Where a person is convicted of offences under ss7 or 8(2), the item in question is forfeited to the Territory (s15(2)-(3)). The Act does not specify disposal procedures beyond forfeiture, but the statutory consequence of conviction is clear.

Enforcement mechanics

• Front‑line exercise by authorised persons: Authorised persons may make immediate orders to require deposit of objects, to require persons to identify themselves, to conduct screening searches and to order people to leave or not enter the precincts (ss5, 8, 11, 12, 19-20). They may also arrest without warrant for an offence against the Act (s21(1)).
• Police role and time limits: For frisk searches and vehicle searches where police involvement is required, authorised persons must request police attendance as soon as practicable. If police do not attend within 30 minutes, the person is released from the requirement to comply and must be told they are no longer required to comply (s13(4)-(5), s17(4)-(5)). Police may require opening and emptying of vehicles and may use reasonable force to break into vehicles or objects where a requirement under s17(6)(b) or s18(4) is not complied with.
• Arrest and custody: Authorised persons who are not police must deliver arrested persons to police promptly (s21(2)). Once in police custody, the Police Administration Act 1978 applies as if the arrest were made under that Act (s21(4)). Persons arrested can only be questioned by police (s21(3)).
• Use of force: The Act permits authorised persons to use reasonable force to prevent entry or to remove persons who fail to comply with orders not to enter or to leave (s19(3), s20(3)(c)). Police may use reasonable force to break into vehicles or objects when requirements to open or empty them are not complied with (s17(8), s18(4)). The Act does not define "reasonable force" beyond its ordinary legal meaning.

Operational consequences and enforcement costs

• Police attendance expectations: The Act anticipates police attendance within operationally short windows for frisk searches and vehicle searches, creating a demand on police resources. Where police do not arrive within 30 minutes the statutory obligation to submit to search or to remain lapses (s13(5), s17(5)).
• Administrative burden for Assembly: The Speaker’s power to appoint and terminate authorised persons places administrative responsibility on the Assembly for recruitment, appointment records, and oversight, including ensuring that private security staff are appropriately licensed and are directed by their security firm to provide crowd control services at the precincts (s5(1)(f), s5(2), s6).
• Seizure and evidentiary processes: Seizure by an authorised person will require secure custody and eventual police or court processes if a prosecution ensues. Forfeiture occurs upon conviction (s15(2)-(3)), which implies evidence handling, charge‑laying and prosecution will be necessary before forfeiture is final.

Statutory safeguards and limits

• Reasonable grounds standard: Intrusive powers are repeatedly tied to the authorised person having reasonable grounds for necessity in the interests of security (for example s12(2), s13(1), s17(2)). This embeds an objective standard to guide exercise of power.
• Consent and police oversight for frisk searches: Outside emergencies, frisk searches by authorised persons require consent; where a person is required to await police, police must be called, and the 30 minute rule applies as a limitation on detention pending police arrival (s13(1)-(6)).
• Sex‑matching and immunity for searchers: Frisk searches must be conducted by same‑sex police officers or other same‑sex persons who agree at police request, with an immunity for acts done in good faith by such persons (s13(7)-(8)). This is a specific statutory protection around bodily searches.

The Act is constructed to operate alongside, and to import elements from, a set of existing territorial statutes. The Act both cross‑references and preserves powers under other Acts; understanding those interactions is necessary for compliance, enforcement, and legal interpretation.

Legislative Assembly (Powers and Privileges) Act 1992

• The Act explicitly states it is in addition to, and does not derogate from, the Speaker’s powers under s16 of the Legislative Assembly (Powers and Privileges) Act 1992 (s3(1)(a)). The Act therefore supplements internal parliamentary powers rather than replacing them. The definition of "Assembly precincts" is taken from that Act (s4). Practically, this means the exercise of the Speaker’s non‑statutory or statutory powers remains relevant and may operate in parallel to the statutory powers in this Act.

Firearms Act 1997 and Weapons Control Act 2001

• The Act defers to other statutes for definitions and classifications. "Firearm" is defined by reference to s3(1) of the Firearms Act 1997 (s4). Offensive weapon and related categories are imported from s3 of the Weapons Control Act 2001 (s4). This means possession offences under this Act are evaluated against the definitions and licensing regimes in those Acts. For example, whether an item is a "firearm" for the purpose of s7 will depend on the Firearms Act 1997 definition.

Private Security Act 1995

• The category of authorised person includes crowd controllers employed by security firms who are directed to provide crowd control services at the precincts and who hold a crowd controller’s licence under the Private Security Act 1995, excluding transitional or provisional licences (s5(1)(f)). Thus, the licensing, training and discipline frameworks under the Private Security Act are directly relevant to whether a private security operative is authorised to exercise powers under this Act.

Police Administration Act 1978 and Criminal Code

• Arrests made by authorised persons under s21 are to be treated, upon delivery to police, under the Police Administration Act 1978 as if the arrest had been made under that Act (s21(4)). The Act also confirms that nothing in s21 derogates from the general power to arrest without warrant under s441 of the Criminal Code (s21(5)). Therefore, custody, questioning and police procedure follow established police statutory regimes rather than bespoke processes.

Interpretation Act 1978

• The Act includes a note that the Interpretation Act 1978 contains definitions and other provisions that may be relevant (note to s4). This indicates that general statutory construction and penalties rules, and perhaps definitions of gendered terms and penalty units, should be checked in the Interpretation Act when applying penalties or construing obligations.

Regulations and Administrator powers

• The Administrator may make regulations not inconsistent with the Act to prescribe matters required or convenient for carrying out the Act (s22). Regulations can therefore fill procedural gaps, prescribe forms or detail administrative arrangements, subject to the constraint that they be consistent with the Act.

Penalties Amendment and Statute Law Revision Acts

• The endnotes disclose that ss7-14 and ss16-20 were amended by the Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (see endnote 2), and s4 was amended in 2000 and 2018 (endnote 4). That suggests that penalties and particular procedural provisions have been altered by later statute and that penalty unit values should be checked against the contemporaneous Penalties Act or amendments when calculating fines.

Practical interaction effects

• Where police are involved for searches or arrests, the Act integrates with police powers and custody procedures. The 30 minute attendance rule for police attendance in search scenarios ties operational compliance under this Act to police resource allocation (s13(5), s17(5)). Where definitions or licence status are contested, courts will need to interpret the cross‑referenced statutes (for example, whether a person’s device is a firearm under the Firearms Act 1997 for the purpose of s7).

Gaps and delegation

• The Act delegates authorisation of private security people to licensing under the Private Security Act 1995 and to the Speaker’s appointment powers. It leaves regulatory detail to regulations by the Administrator (s22). Those delegated instruments and cross‑referenced statutes will therefore shape implementation, oversight and enforcement.

The source endnotes record the Act’s passage and subsequent amendments. This section summarises the amendment record as provided in the supplied text and cites the relevant endnote material.

Enactment and commencement

• Legislative Assembly (Security) Act 1998, Act No. 62 of 1998. Assent date: 14 October 1998. Commenced 14 October 1998 (endnote 2).

Subsequent statutory amendments noted in the reprint endnotes

• Legislative Assembly (Security) Amendment Act 2000 (Act No. 13, 2000). Assent date: 25 May 2000. Commenced 25 May 2000. The endnotes record that s4 was amended by No. 13, 2000, s2 (endnote 4).
• Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27, 2011). Assent date: 31 August 2011. Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5). The endnotes record that ss7-14 and ss16-20 were amended by No. 27, 2011, s3 (endnote 4). These amendments included changes to penalty provisions across those sections.
• Statute Law Revision Act 2018 (Act No. 10, 2018). Assent date: 23 May 2018. Commenced 20 June 2018 (Gaz S41, 20 June 2018). The endnotes show s4 was amended by No. 10, 2018, s6, and that general formal amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to sections 1, 3, 4, 5, 6 and 23 (endnote 3). The reprint also notes that other general amendments of a formal nature have been applied.

Other notes from the endnotes

• The schedule of the original Act was repealed by No. 13, 2000, s3 (endnote 4).
• The endnotes list a "General amendments" note that formal amendments were applied by the Interpretation Legislation Amendment Act 2018 to several sections (endnote 3). Those formal amendments are described as of a "formal nature" and not individually detailed in the reprint beyond the citation.

Practical implications of amendment history

• The 2011 Penalties Amendment altered multiple sections in the Act, specifically ss7-14 and ss16-20, which hold many of the search, seizure and removal powers and their penalties. Practitioners should therefore consult the 2011 amending Act for precise textual changes to those sections, and verify penalty unit values as they may have been restructured at that time.
• The 2000 amendment to s4 changed statutory definitions. Because s4 imports other statutes’ definitions, those amendments may reflect legislative updating to align with other evolving definitions in the Firearms Act, Weapons Control Act, or the Private Security Act.
• The 2018 statutory revision and formal amendments are noted as affecting s4 and formal housekeeping across the Act. Formal amendments may include renumbering or linguistic modernisation; nonetheless one should confirm the current text against the consolidated reprint for any substantive import.

Where to look for details

• The endnotes give specific amending Acts and sections. For a practitioner requiring precise legislative history or historical versions for litigation, the primary sources are: the text of the Legislative Assembly (Security) Amendment Act 2000; the Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011; the Statute Law Revision Act 2018; and the Interpretation Legislation Amendment Act 2018. The Gazette commencement notices cited in the endnotes provide commencement dates.

The supplied reprint and its endnotes do not record any cases or judicial decisions applying or interpreting the Legislative Assembly (Security) Act 1998. The text contains no case citations and the endnotes do not list litigation or reported decisions.

What the Act’s text indicates about likely litigation topics

• Given the Act’s search, seizure, frisk search and removal powers, likely themes for judicial consideration (were cases to arise) would include: the proper scope of "reasonable grounds" and "necessary in the interests of security" in ss12, 13 and 17; the lawfulness of searches and whether consent was validly obtained for frisks outside emergencies (s13); the boundary between the Speaker’s traditional powers and the Act’s statutory powers (s3(1)); the proper use of the emergency exceptions in ss14 and 18; the use and scope of "reasonable force" in ss19(3), 20(3)(c), 17(8) and 18(4); the legality of seizure and forfeiture procedures under s15; and compliance with cross‑referenced licensing and definitional regimes (for example whether an item qualifies as a firearm under the Firearms Act 1997 for s7 purposes).
• Procedural challenges might engage police custody protections, the applicability of the Police Administration Act 1978 to arrests under s21, and the proper exercise of the Speaker’s appointment power for authorised persons under s5(2).

Research steps for practitioners

• The absence of litigation references in the reprint does not establish there has been no case law. Practitioners should search Northern Territory law reports, the Australasian Legal Information Institute (AustLII), and unreported judgments databases for cases mentioning the Act. Also check tribunal decisions, administrative reviews and coronial references where searches and force on parliamentary precincts might have been contested.

This section highlights specific textual traps, procedural pitfalls and practical issues that arise from the Act’s wording and structure. These are concrete, source‑based risks to watch for when advising clients or designing compliance.

Authorised person status is conditional and potentially transient (s5, s6)

• Crowd controllers are authorised only if they are directed by their security firm to provide services at the Assembly precincts and they hold a current crowd controller’s licence under the Private Security Act 1995 (s5(1)(f)). They cease to be authorised on ceasing employment by the firm, if the firm ceases engagement, or if their licence lapses (s6(2)). This creates a compliance risk where security firms rotate staff, use subcontractors or where licences lapse. An apparently authorised crowd controller may lack authority if employment or licensing conditions are not strict. Client advice should emphasise verifying appointment status and licence currency.

Speaker appointment and termination powers are unilateral (s5(2), s6(1))

• The Speaker may appoint and terminate public sector employees as authorised persons in writing. There is no statutory process or mandated record‑keeping in the Act beyond the written appointment power. For oversight and defensibility of decisions to remove or refuse entry, administrative record‑keeping and clear delegation instruments are prudent.

Frisk search consent rule contrasted with emergency exception (ss13-14)

• Outside emergencies an authorised person may conduct a frisk only with consent (s13(1)) and otherwise must request police attendance to have police conduct the frisk (s13(4)). However, in emergency circumstances an authorised person may require and conduct a frisk search without waiting for police or obtaining consent (s14(1)). Practitioners must be careful: the consent rule is strict in non‑emergency situations, and the emergency exception requires a factual showing of "circumstances of such seriousness and urgency", which may be contested later. The difference in procedure is a common area for dispute.

30 minute police attendance rule (s13(5), s17(5))

• Where police attendance is requested for frisk or vehicle searches, the Act provides a 30 minute backstop after which the person is no longer required to comply and the authorised person must inform them. This time window creates a discrete operational problem: if police do not attend, authorised persons must release their hold and inform the person. In practice this requires clocking the call to police and recording the time. Failure to comply with this procedural element could lead to unlawful detention claims.

Frisk search definition and scope (s4, s13)

• The Act defines "frisk search" narrowly as running hands over outer clothing (s4). That limits what counts as a frisk search, and stretching beyond that action risks being unlawful except in emergencies. Practitioners should note that removing inner clothing or more intrusive searches are not described as "frisk" and would typically require police involvement and additional legal justification.

Forfeiture only on conviction (s15(2)-(3))

• While authorised persons may seize offending items (for example s15(1), s8(3)), forfeiture to the Territory occurs only after a conviction (s15(2)-(3)). Seizure alone does not extinguish property rights. This is an evidential and custodial consideration: seized items must be handled in accordance with evidentiary requirements and property safeguards pending prosecution.

Interaction with external definitions and licences (s4, s5(1)(f))

• The Act imports definitions from other statutes. Whether an item is a "firearm", an "offensive weapon" or a "controlled weapon" depends on the definitions in the Firearms Act 1997 and the Weapons Control Act 2001. Likewise, crowd controller status depends on licensing under the Private Security Act 1995. Advisers need to consult those source statutes rather than rely on presumption based on the Legislative Assembly (Security) Act alone.

Use of reasonable force not defined (ss19(3), 20(3)(c), 17(8), 18(4))

• The Act authorises the use of reasonable force for preventing entry, removing persons and breaking into vehicles or objects when requirements are not complied with. "Reasonable force" is not defined in the Act and will be judged against common law and Charter and human rights considerations where applicable. Operational policies should limit force to that strictly necessary and record justifications.

Criminal penalties are real and varied

• Fines and imprisonment are attached to many compliance failures. The most serious is possession of a firearm, explosive or offensive weapon (s7(1)) - 215 penalty units or five years imprisonment. Practitioners should ensure clients understand the real criminal risk of non‑compliance.

No express procedural rules for seizure custody and disposal

• The Act gives seizure and forfeiture powers but does not set out detailed procedures for evidential handling, retention periods, or administrative disposal pending conviction. That creates operational uncertainty; administrative policy should be developed consistent with police property handling rules and evidentiary chains.

Questioning limited to police (s13(9), s21(3))

• Persons required to await a frisk search or arrested under s21 must not be questioned about alleged offences other than by police (s13(9), s21(3)). Authorised persons who interview or extract statements risk evidence admissibility issues and rights infringements.

Regulations may fill gaps (s22)

• The Administrator may make regulations for matters necessary or convenient to implement the Act (s22). In practice the absence or presence of implementing regulations may materially affect how the Act is applied. Practitioners should check current subordinate legislation for operational rules.

This practical checklist translates the statutory duties into actionable compliance steps for individuals, organisations supplying security services, Assembly staff and for police coordination.

For members of the public and visitors

• Carry photo identification and be prepared to state your name, address and reason for being at the precincts when asked by an authorised person (s11(1)-(2)). Provide accurate information; giving false details is an offence (s11(3)).
• Avoid bringing firearms, explosives, or items that may be offensive or likely to engender violence. Do not attempt to bring placards, posters or objects that would fall within s8(1) into Parliament House; if you do, be prepared to deposit them when directed or to leave with them (s8(1)-(2)).
• If asked to submit an object to a screening search or to open receptacles, comply or leave the precincts; refusal is an offence (s12(1)-(3)). If asked to await police for a frisk search, comply and remain at the designated place; authorised persons must request police attendance as soon as practicable (s13(2)-(4)).
• Understand the emergency exception: in serious and urgent circumstances authorised persons may require and conduct a frisk search or vehicle search without police (ss14, 18). In such cases comply with lawful directives.
• If ordered not to enter or to leave, comply. Non‑compliance can lead to removal by force and criminal penalties (ss19-20).

For private security firms and crowd controllers

• Ensure crowd controllers who will operate at the Assembly precincts hold a valid crowd controller licence under the Private Security Act 1995, and are directed by your firm to provide crowd control services at the precincts (s5(1)(f)). Maintain up‑to‑date records demonstrating that the controller is engaged specifically for Assembly work.
• Keep employment and engagement records so that an individual’s authorised status can be readily proven or terminated in accordance with s6(2). Where personnel change, ensure the Speaker’s office is notified where the Speaker’s written appointment is required (s5(2)).
• Train crowd controllers in the limits of their authority under the Act, especially the need to obtain consent for frisk searches in non‑emergency situations (s13(1)) and the requirement to request police attendance when appropriate (s13(4), s17(4)). Ensure they understand the 30 minute rule and the obligation to inform persons if police have not attended (s13(5), s17(5)).
• Develop standard operating procedures for seizure and handover of seized items to police, and for documenting requests for police attendance.

For Assembly administration and the Speaker

• Use the Speaker’s written appointment and termination powers to document authorised persons formally (s5(2), s6(1)). Maintain appointment records, authorisation lists and notice procedures to ensure front‑line staff can evidence their authority.
• Liaise with NT Police to agree protocols for timely attendance when requested under ss13(4) and 17(4), and to clarify expected response times and priority. Consider establishing a formal contact procedure and logging mechanism to evidence calls and timing for the 30 minute rule.
• Prepare administrative guidance on handling deposits and seized items, including secure storage and chain of custody rules, referencing police property handling standards and the requirement that forfeiture occurs only on conviction (s15(2)-(3)).
• Develop clear signage and visitor information explaining that entry to the precincts requires compliance with security directions, and explain the deposit and search procedures to minimise dispute.

For police and law enforcement coordination

• Be prepared to attend within a practicable time and to respond to requests from authorised persons for frisk searches and vehicle searches under the Act. Understand that failure to attend within 30 minutes releases the person from the requirement to comply (s13(5), s17(5)).
• Ensure officers understand the statutory constraints on frisk searches, including same‑sex search rules and the availability of other same‑sex persons to carry out searches at police request, together with the statutory immunity for good faith acts by such persons (s13(6)-(8)).
• Implement evidence management and property custody practices consistent with the seizure powers in the Act and the requirement that forfeiture follows conviction (s15).

Record keeping and evidentiary discipline

• Log all requests for identity information, searches, seizures, police requests and arrests promptly with time stamps. The Act’s 30 minute police attendance rule creates a precise time window that will be relevant in any subsequent challenge (s13(5), s17(5)).
• Keep copies of written Speaker appointments and terminations for authorised persons. Maintain documentation showing that crowd controllers were directed by their security firm to provide services at the precincts and that licences were current at the time of any action.

Policy and training priorities

• Train authorised persons on the legal thresholds for "reasonable grounds" and for invoking emergency powers. Emphasise de‑escalation, minimizing use of force and compliance with the requirement that only police may question arrested individuals (s21(3)).
• Ensure clear lines of accountability for decisions to seize items, use reasonable force, order removals and make arrests. These are enforcement actions with significant legal exposure including potential custody issues and criminal prosecutions.

Check cross‑referenced statutes and regulations

• Verify definitions and licence status in the Firearms Act 1997, Weapons Control Act 2001 and the Private Security Act 1995 when advising or implementing the Act’s requirements (s4, s5(1)(f)). Review any regulations made under s22 and any subordinate instruments or formal guidance the Assembly or the Administrator has issued.

By following these steps, individuals and organisations can reduce the risk of non‑compliance, evidentiary missteps and unnecessary escalation when the Act’s powers need to be exercised.