NORTHERN TERRITORY OF AUSTRALIA
LEGISLATIVE ASSEMBLY (SECURITY) ACT 1998
As in force at 20 June 2018
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Application ....................................................................................... 1
4 Definitions ........................................................................................ 2
Part 2 Authorised persons
5 Authorised persons.......................................................................... 3
6 Termination of appointment ............................................................. 3
Part 3 Unlawful behaviour on Assembly precincts
7 No firearms, explosives or offensive weapons on Assembly
precincts .......................................................................................... 4
8 Placards, objects, &c., likely to engender violence .......................... 4
9 Unlawful, disorderly conduct, &c...................................................... 5
10 Obstruction, &c., of authorised person ............................................ 5
Part 4 Powers in relation to security on Assembly
precincts
11 Person may be required to state name and address, &c. ................ 5
12 Searches of objects ......................................................................... 6
13 Frisk searches ................................................................................. 7
14 Frisk searches in emergencies ........................................................ 8
15 Seizure and forfeiture of firearms, &c. ............................................. 8
16 Authorised person may require object capable of concealing
firearms, &c., to be deposited .......................................................... 9
17 Detention and search of vehicles by police...................................... 9
18 Detention and search of vehicles in emergencies ......................... 11
19 Person may be refused entry to precincts ..................................... 11
20 Person may be removed from precincts ........................................ 12
21 Arrest ............................................................................................. 12
Part 5 Regulations
22 Regulations.................................................................................... 13
Legislative Assembly (Security) Act 1998 ii
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 June 2018
LEGISLATIVE ASSEMBLY (SECURITY) ACT 1998
An Act to provide for security in the Assembly precincts and for related
purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Legislative Assembly (Security)
Act 1998.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Application
(1) This Act is in addition to and does not derogate from:
(a) the Speaker's powers under section 16 of the Legislative
Assembly (Powers and Privileges) Act 1992; or
(b) any other power, privilege or immunity of the Assembly and of
its members, committees and persons in relation to the
regulation of the conduct of persons on the Assembly
precincts.
(2) Except as provided in this Act, a person has a right to enter and
remain on the Assembly precincts, where there is room for the
person on the precincts, if the person:
(a) has a proper reason for being on or about the precincts or has
indicated that he or she wishes to see the proceedings of the
Assembly; and
(b) has complied with the requirements, if any, of the Speaker or
an authorised person.
Part 1 Preliminary
Legislative Assembly (Security) Act 1998 2
4 Definitions
In this Act:
Assembly means the Legislative Assembly.
Assembly precincts means the precincts of the Assembly within
the meaning of section 14 of the Legislative Assembly (Powers and
Privileges) Act 1992.
authorised person means:
(a) a person appointed under section 5(2); or
(b) a person referred to in section 5(1).
explosive means a substance or article manufactured, designed or
ordinarily used to produce an explosion or a pyrotechnic effect and
includes:
(a) fireworks and gunpowder;
(b) a gaseous substance so compressed that it is capable of
exploding;
(c) material or a substance used to produce an explosion or
pyrotechnic effect; and
(d) an apparatus, machine, implement or material, or a part of an
apparatus, machine, implement or material, used or able to be
used or adapted to cause or aid in causing an explosion or a
pyrotechnic effect.
firearm, see section 3(1) of the Firearms Act 1997.
frisk search means a search conducted by a person running his or
her hands over the outer clothing of the person being searched.
offensive weapon, see section 3 of the Weapons
Control Act 2001, definitions controlled weapon, offensive
weapon and prohibited weapon.
screening search, in relation to the search of an object, means a
search by equipment that is designed to carry out the search
without touching the object or requiring it to be opened.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Part 2 Authorised persons
Legislative Assembly (Security) Act 1998 3
Part 2 Authorised persons
5 Authorised persons
(1) The following persons are authorised persons for the purpose of
this Act:
(a) the Clerk within the meaning of the Legislative Assembly
(Powers and Privileges) Act 1992;
(b) the Deputy Clerk within the meaning of the Legislative
Assembly (Powers and Privileges) Act 1992;
(c) the Clerk Assistant within the meaning of the Legislative
Assembly (Powers and Privileges) Act 1992;
(d) the Sergeant-at-Arms of the Assembly;
(e) a member of the Police Force;
(f) a person, employed by a security firm within the meaning of
the Private Security Act 1995 that is engaged to provide the
services of crowd controllers in relation to the Assembly
precincts, who:
(i) is directed by the security firm to provide the services of
a crowd controller in relation to the Assembly precincts;
and
(ii) holds a crowd controller's licence within the meaning of
the Private Security Act 1995 (not being a crowd
controller's transitional licence or a crowd controller's
provisional licence within the meaning of that Act);
(g) a person appointed under subsection (2).
(2) The Speaker may, in writing, appoint an employee within the
meaning of the Public Sector Employment and Management
Act 1993 to be an authorised person.
6 Termination of appointment
(1) The Speaker may, in writing, terminate the appointment of a person
as an authorised person.
Part 3 Unlawful behaviour on Assembly precincts
Legislative Assembly (Security) Act 1998 4
(2) A person who is an authorised person under section 5(1)(f) ceases
to be an authorised person if:
(a) he or she ceases to be employed by the security firm that
provides the services of crowd controllers in relation to the
Assembly precincts;
(b) the security firm that employs him or her ceases to be
engaged to provide the services of crowd controllers in
relation to the Assembly precincts; or
(c) he or she ceases to hold a crowd controller's licence within the
meaning of the Private Security Act 1995.
(3) An authorised person appointed under section 5(2) ceases to be an
authorised person if he or she ceases to be an employee within the
meaning of the Public Sector Employment and Management
Act 1993.
Part 3 Unlawful behaviour on Assembly precincts
7 No firearms, explosives or offensive weapons on Assembly
precincts
(1) A person must not be in possession of a firearm, explosive or
offensive weapon on the Assembly precincts.
Maximum penalty: 215 penalty units or imprisonment for
5 years.
(2) Subsection (1) does not apply in relation to:
(a) a member of the Police Force acting in the course of his or her
duties; or
(b) an authorised person acting in the course of his or her duties.
8 Placards, objects, &c., likely to engender violence
(1) An authorised person may require a person who is entering or who
is in Parliament House with a placard, poster or other object to
deposit the placard, poster or object with the person if it is:
(a) offensive, threatening or indecent; or
(b) likely to engender violence or create a breach of the peace.
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 5
(2) A person required under subsection (1) to deposit a placard, poster
or object must, as soon as practicable after the requirement is
made:
(a) deposit it with an authorised person; or
(b) leave Parliament House with it.
Maximum penalty: 40 penalty units or imprisonment for
12 months.
(3) Where a person fails to comply with a requirement under
subsection (1), an authorised person may seize the placard, poster
or object to which the failure to comply relates.
9 Unlawful, disorderly conduct, &c.
(1) Where an authorised person believes that a person on the
Assembly precincts is behaving unlawfully or in a disorderly or
menacing manner, the authorised person may require the person to
leave the precincts.
(2) A person must not contravene or fail to comply with a requirement
under subsection (1).
Maximum penalty: 40 penalty units or imprisonment for
12 months.
10 Obstruction, &c., of authorised person
A person must not resist, hinder or obstruct an authorised person in
the execution of his or her duty.
Maximum penalty: 85 penalty units or imprisonment for
2 years.
Part 4 Powers in relation to security on Assembly
precincts
11 Person may be required to state name and address, &c.
(1) An authorised person may require a person who is entering or who
is on the Assembly precincts:
(a) to tell the authorised person the person's name and address;
(b) to tell the authorised person the person's reason for entering
or being on the precincts; and
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 6
(c) to provide to the authorised person proof of the person's
identity.
(2) A person must not fail to provide, when required to do so by an
authorised person:
(a) his or her name and address;
(b) his or her reason for entering or being on the Assembly
precincts; or
(c) any proof of identity the person is carrying.
Maximum penalty: 17 penalty units.
(3) A person must not provide to an authorised person a false name, a
false address, false information as to why the person is entering or
on the Assembly precincts or a false proof of identity.
Maximum penalty: 40 penalty units.
12 Searches of objects
(1) An authorised person may require a person who is entering or who
is on the Assembly precincts to submit an object in the possession
of the person to a screening search.
(2) Where an authorised person believes, on reasonable grounds, that
it is necessary to do so in the interests of security, he or she may
require a person who is entering or who is on the Assembly
precincts:
(a) to open and empty out the person's pockets;
(b) to open or empty a container, briefcase, bag, box, carton or
other receptacle in the possession of the person; or
(c) to enable the authorised person to search an object in the
possession of the person.
(3) A person of whom a requirement is made under subsection (1)
or (2) must, as soon as practicable after the requirement is made:
(a) comply with the requirement; or
(b) leave the Assembly precincts.
Maximum penalty: 40 penalty units.
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 7
13 Frisk searches
(1) Where an authorised person believes, on reasonable grounds, that
it is necessary to do so in the interests of security, he or she may,
with the consent of a person who is entering or who is on the
Assembly precincts, conduct a frisk search of the person.
(2) Where an authorised person believes, on reasonable grounds, that
it is necessary to do so in the interests of security, he or she may
require a person who is entering or who is on the Assembly
precincts:
(a) to accompany the authorised person to a place on the
precincts and to remain at that place; or
(b) to remain at a place on the precincts,
for the purpose of enabling a member of the Police Force to
conduct a frisk search of the person.
(3) A person of whom a requirement is made under subsection (2)
must comply with the requirement.
Maximum penalty: 40 penalty units.
(4) An authorised person must, as soon as practicable after making a
requirement of a person under subsection (2), request a member of
the Police Force to attend the Assembly precincts for the purpose
of enabling a frisk search of the person to be conducted.
(5) Where a member of the Police Force has not, within 30 minutes
after a request was made under subsection (4), attended at the
Assembly precincts for the purpose of enabling a frisk search of a
person to be conducted:
(a) the person is no longer required to comply with the
requirement made of him or her under subsection (2); and
(b) the authorised person must tell the person that he or she is no
longer required to comply with the requirement.
(6) A member of the Police Force attending the Assembly precincts in
accordance with a request under subsection (4):
(a) may require the person to whom the request to attend relates
to submit to a frisk search or to remove a jacket or coat and
submit to a frisk search; and
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 8
(b) may conduct a frisk search of the person, or, where the
member of the Police Force is not of the same sex as the
person being searched, may ensure a frisk search of the
person is conducted.
(7) A frisk search under subsection (6) may only be conducted:
(a) by a member of the Police Force who is the same sex as the
person being searched; or
(b) where a member of the Police Force of the same sex as the
person being searched is not available to conduct the
search – by any other person of the same sex who agrees to a
request by the member to conduct the frisk search.
(8) No civil or criminal proceeding lies against a person authorised for
the purposes of subsection (7)(b) in respect of an act or thing done
in good faith by the person conducting a frisk search of the person
in accordance with the request of a member of the Police Force.
(9) A person of whom a requirement is made under subsection (2)
must not be questioned in relation to an alleged offence other than
by a member of the Police Force.
14 Frisk searches in emergencies
(1) Where an authorised person believes, on reasonable grounds, that
circumstances of such seriousness and urgency exist that it is
necessary to do so in the interests of security, he or she may:
(a) require a person who is entering or who is on the Assembly
precincts to submit to a frisk search or to remove a jacket or
coat and submit to a frisk search; and
(b) conduct a frisk search of the person.
(2) A person of whom a requirement is made under subsection (1)(a)
must comply with the requirement.
Maximum penalty: 40 penalty units.
15 Seizure and forfeiture of firearms, &c.
(1) An authorised person may seize a firearm, explosive or offensive
weapon that is in the possession of a person, other than a person
to whom section 7(2) applies, who is entering or who is on the
Assembly precincts.
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 9
(2) Where a person is found guilty of an offence against section 7(1),
the firearm, explosive or offensive weapon to which the offence
relates is forfeited to the Territory.
(3) Where a person is found guilty of an offence against section 8(2),
the placard, poster or object to which the offence relates is forfeited
to the Territory.
16 Authorised person may require object capable of concealing
firearms, &c., to be deposited
(1) An authorised person may require a person who is entering or who
is on the Assembly precincts with an object that is reasonably
capable of concealing a firearm, explosive or offensive weapon to
deposit the object with the authorised person.
(2) A person required to deposit an object under subsection (1) must,
as soon as practicable after the requirement is made:
(a) deposit the object with an authorised person; or
(b) leave the Assembly precincts with the object.
Maximum penalty: 40 penalty units or imprisonment for
12 months.
(3) Where a person fails to comply with a requirement under
subsection (1), an authorised person may seize the object to which
the failure to comply relates.
17 Detention and search of vehicles by police
(1) An authorised person may require the driver or person apparently in
possession of a vehicle that is on the Assembly precincts to leave
the precincts with the vehicle.
(2) Where an authorised person believes, on reasonable grounds, that
it is necessary to do so in the interests of security, he or she may
require the driver or person apparently in possession of a vehicle
that is on, entering or about to enter the Assembly precincts:
(a) to stop the vehicle or not to move the vehicle; and
(b) to:
(i) accompany the authorised person to a place on the
precincts and to remain at that place; or
(ii) remain with the vehicle,
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 10
for the purpose of enabling a member of the Police Force to
conduct a search of the vehicle and its contents.
(3) A person must not fail to comply with a requirement of an
authorised person under subsection (1) or (2).
Maximum penalty: 40 penalty units or imprisonment for
12 months.
(4) An authorised person must, as soon as practicable after making a
requirement of a person under subsection (2), request a member of
the Police Force to attend the Assembly precincts for the purpose
of conducting a search of the vehicle.
(5) Where a member of the Police Force has not, within 30 minutes
after a request was made under subsection (4), attended at the
Assembly precincts for the purpose of conducting a search of the
vehicle:
(a) the driver or person apparently in possession of the vehicle is
no longer required to comply with the requirement made of
him or her under subsection (2); and
(b) the authorised person must tell the person that he or she is no
longer required to comply with the requirement.
(6) A member of the Police Force may require the driver or person
apparently in possession of a vehicle that is on, entering or about to
enter the Assembly precincts:
(a) to stop or not to move the vehicle; or
(b) to open or open and empty the vehicle and any object in the
vehicle that is reasonably capable of concealing a firearm,
explosive or offensive weapon.
(7) A person of whom a requirement is made under subsection (6)
must comply with the requirement.
Maximum penalty: 40 penalty units or imprisonment for
12 months.
(8) Where a requirement under subsection (6)(b) is not complied with,
a member of the Police Force may use such reasonable force as is
necessary to break into and search the vehicle or object to which
the requirement relates.
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 11
18 Detention and search of vehicles in emergencies
(1) Where an authorised person believes, on reasonable grounds, that
circumstances of such seriousness and urgency exist that it is
necessary to do so in the interests of security, he or she may
require the driver or person apparently in possession of a vehicle
that is on, entering or about to enter the Assembly precincts:
(a) to stop or not to move the vehicle;
(b) to open or open and empty the vehicle and any object in the
vehicle that is reasonably capable of concealing a firearm,
explosive or offensive weapon; and
(c) to:
(i) accompany the authorised person to a place on the
precincts and to remain at that place; or
(ii) remain with the vehicle.
(2) A person of whom a requirement is made under subsection (1)
must comply with the requirement.
Maximum penalty: 40 penalty units or imprisonment for
12 months.
(3) An authorised person may search a vehicle to which a requirement
under subsection (1) relates.
(4) Where a requirement under subsection (1)(b) is not complied with,
an authorised person may use such reasonable force as is
necessary to break into and search the vehicle or object to which
the requirement relates.
19 Person may be refused entry to precincts
(1) An authorised person may order a person who refuses to comply
with a requirement of an authorised person under this Act (other
than a requirement under section 9(1)) not to enter the Assembly
precincts or a part of the Assembly precincts.
(2) A person must not fail to comply with an order of an authorised
person under subsection (1).
Maximum penalty: 40 penalty units or imprisonment for
12 months.
Part 4 Powers in relation to security on Assembly precincts
Legislative Assembly (Security) Act 1998 12
(3) Where a person fails to comply with an order under subsection (1),
an authorised person may, using such force as is reasonably
necessary for the purpose:
(a) prevent the person from entering the Assembly precincts or a
part of the Assembly precincts; or
(b) remove the person from the Assembly precincts or a part of
the Assembly precincts.
20 Person may be removed from precincts
(1) Where a person refuses to comply with a requirement or order of an
authorised person under this Act (other than a requirement under
section 9(1)), an authorised person may order the person to leave
the Assembly precincts or a part of the Assembly precincts.
(2) A person must not fail to comply with an order of an authorised
person under subsection (1).
Maximum penalty: 40 penalty units or imprisonment for
12 months.
(3) Where a person fails to comply with:
(a) an order of an authorised person under subsection (1); or
(b) a requirement of an authorised person under section 9(1),
an authorised person may:
(c) remove the person from the Assembly precincts or a part of
the Assembly precincts using such force as is reasonably
necessary for that purpose; and
(d) where the person has failed to comply with a requirement
under section 17 or 18 – remove a vehicle driven by or in the
possession of the person from the Assembly precincts.
21 Arrest
(1) Where an authorised person believes, on reasonable grounds, that
a person has committed, is committing or is likely to commit an
offence against this Act, the authorised person may, without
warrant, arrest the person and take him or her into custody.
(2) Where an authorised person who arrests a person under
subsection (1) is not a member of the Police Force, the authorised
person must deliver the person to a member of the Police Force as
soon as practicable after the person is arrested.
Part 5 Regulations
Legislative Assembly (Security) Act 1998 13
(3) A person who is arrested under subsection (1) and is in custody
must not be questioned in relation to an offence other than by a
member of the Police Force.
(4) Where a person is delivered to a member of the Police Force under
subsection (2), the Police Administration Act 1978 applies in
relation to the person and the member as if the arrest had been
made under that Act.
(5) Nothing in this section derogates from the power of a person to
arrest a person without warrant under section 441 of the Criminal
Code.
Part 5 Regulations
22 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
ENDNOTES
Legislative Assembly (Security) Act 1998 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Legislative Assembly (Security) Act 1998 (Act No. 62, 1998)
Assent date 14 October 1998
Commenced 14 October 1998
Legislative Assembly (Security) Amendment Act 2000 (Act No. 13, 2000)
Assent date 25 May 2000
Commenced 25 May 2000
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)
Statute Law Revision Act 2018 (Act No. 10, 2018)
Assent date 23 May 2018
Commenced 20 June 2018 (Gaz S41, 20 June 2018)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 5 6 and 23.
4 LIST OF AMENDMENTS
s 4 amd No. 13, 2000, s 2; No. 10, 2018, s 6
ss 7 – 14 amd No. 27, 2011, s 3
ss 16 – 20 amd No. 27, 2011, s 3
sch rep No. 13, 2000, s 3