AustLII Tasmanian Numbered Regulations

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ADMISSION TO COURTS (LOWER COURTS) REGULATIONS 2006 (S.R. 2006, NO. 145) - REG 7

Powers of search and seizure

(1)  Except as otherwise determined in the form of a practice direction issued by the Chief Magistrate in respect of the lower courts, an authorized officer –
(a) may require a person entering, or in, a court to –
(i) submit to a search, including a search of any personal effects of that person which the authorized officer considers are reasonably capable of concealing a prohibited thing; or
(ii) deposit with the authorized officer any personal effects of that person which the authorized officer considers are reasonably capable of concealing a prohibited thing; or
(iii) deposit a prohibited thing with the authorized officer; or
(b) may seize a prohibited thing found on a person, or in a person's personal effects, searched under subregulation (1)(a) ; or
(c) may require a person who is in possession of a prohibited thing to leave, or not enter, a court or remove that person, or cause that person to be removed, from the court.
(2)  A person must comply with a requirement under subregulation (1) .
Penalty:  Fine not exceeding 10 penalty units.
(3)  A person, without lawful excuse, must not possess a prohibited thing in a court.
Penalty:  In the case of –
(a) a prohibited thing that is not a chemical agent, firearm, explosive, inflammable liquid or offensive weapon, a fine not exceeding 10 penalty units; or
(b) a prohibited thing that is a chemical agent, firearm, explosive, inflammable liquid or offensive weapon, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, or both.
(4)  A search under subregulation (1)(a)(i)  –
(a) may be conducted by one or more of the following means:
(i) using an animal or an electronic or other device that is designed to locate property that is the subject of the search;
(ii) visual inspection;
(iii) frisk search; and
(b) must be conducted expeditiously and with regard to decency and self-respect.
(5)  An authorized officer may require a person who is being searched under subregulation (1)(a)(i) to remove –
(a) an outer garment, but only if other clothing is worn underneath; and
(b) gloves, headwear or footwear.
(6)  A search under subregulation (1)(a)(i) of a person apparently 10 or more years of age that involves the removal of clothing –
(a) is not to be conducted unless the person to be searched –
(i) has been asked whether the person has with him or her any property that is likely to adversely affect order or safety in, or the security or management of, the court; and
(ii) has been given the opportunity to produce any such property; and
(iii) has been given the opportunity to have the search conducted in private and, if the person so chooses, the search is conducted in private; and
(b) is to be conducted –
(i) if practicable, by an authorized officer of the same sex as the person searched; and
(ii) if practicable, in the presence of only persons of the same sex as the person searched; and
(iii) in the presence of no more than 2 authorized officers.
(7)  A search under subregulation (1)(a)(i) of a person apparently under 10 years of age that involves the removal of clothing is to be conducted –
(a) by a female authorized officer; and
(b) subject to paragraph (c) , in the presence of only female persons; and
(c) in the presence of the person accompanying the child unless that person refuses to be present.



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