A member of the public has a right to enter and remain in an area of court premises open to the public if they have complied with orders of the judicial officer and directions of the security officer: s 6(1).

Without limiting s 6(1), a journalist has the right to enter and remain in court premises open to the public that is outside the building in which the court is housed or sitting to make a media report provided they are not obstructing or impeding others from access to the building: s 6(2).

These rights are subject to laws concerning who may be present in a court or court premises, and any implied jurisdiction of the court to regulate its own proceedings: s 6(3).

If a judicial officer considers it necessary for securing order and safety in court premises or a part of court premises, the judicial officer may order members or specified members of the public to leave, or not be admitted to, the court premises or part thereof: s 7(1). Such an order may be no longer than 28 days, but it may be renewed: s 7(1A), (1B).

It is an offence for a person to contravene such an order, with a maximum penalty of 50 pu: s 7(2).

A security officer may refuse a person entry to, or require a person to leave, court premises, if they are in possession of an animal: s 7A(1). Failure to comply is an offence, with a maximum penalty of 5 pu: s 7A(2).

The offence does not apply to an assistance animal used by a person with a disability (within the meaning of the Disability Discrimination Act 1992 (Cth)) or an animal authorised by a judicial officer, police officer or security officer: s 7A(3).

It is an offence for a person without reasonable excuse to be in possession of a restricted item while on court premises. Restricted items includes firearms and knives: s 8(1). The maximum penalty may be up to 100 and/or 2 years imprisonment depending on the type of restricted item: see s 8(1)(a), (b).

Exemptions apply to exhibits, security and police officers, and where a judicial officer has given approval: s 8(2).

It is an offence to use a recording device to record sound or images in court premises. The maximum penalty is 200 pu and/or 12 months imprisonment: s 9(1).

That does not prohibit the use of such devices for another purpose. For example, it would not prohibit a person using a mobile phone with recording capabilities to make a call.

Exceptions include devices expressly permitted by the judicial officer, those for transcribing court proceedings and use of recording devices by a journalist exercising a right under s 6(2): s 9(2).

Section 9A(1) provides it is an offence to use any device to transmit sound or images (or both), or information forming part of the proceedings from a courtroom, whether occurring simultaneously with the proceedings or at a later time (or both), including transmission to any person or place outside the courtroom, posting entries on social media or other websites, other broadcasting or publishing on the internet, and otherwise making the sounds, images or information available to any person outside the courtroom. The maximum penalty is 200 pu and/or 12 months imprisonment: s 9A(1).

Section 9A(2) provides the offence does not apply in certain circumstances including where a device is used for a different purpose or where the transmission is expressly approved by a judicial officer: s 9A(2)(a), (c).

It is an offence to transmit or distribute a recording of sounds or images (or both) of court proceedings (or part thereof), by any means: s 9B(1). The maximum penalty is 200 pu and/or 12 months imprisonment: s 9B(1).

Section 9B(2) provides the offence does not apply where the person knows or suspects the transmission or distribution has been expressly approved by a judicial officer or is for the purpose of transcribing court proceedings for the court: s 9B(2)(a), (b).

Section 10 outlines the powers of a security officer to require a person entering or within court premises to submit to a scanner search or personal search, to stop a vehicle being driven in or within the court premises, to search a car, to produce the thing detected for inspection, and to require the person to answer questions about the thing found.

Section 10 also outlines the various preconditions for the search, for example, the need for a reasonable belief that the person possesses a restricted item (eg firearm, knife) or offensive implement, the restrictions on who may carry out the search and the age of the person who may be searched.

If the person fails to immediately comply with the requirement or to leave the court premises, the security officer may again make the requirement, and warn the person a failure to immediately to comply may be an offence, and provide them with information in s 20(2)(a)–(c): s 10(3). The person must immediately comply with the requirement, or leave the court premises: s 10(4). Maximum penalty: 5 pu.

A security officer may, in court premises, confiscate a thing the officer reasonably believes is a restricted item, offensive implement or recording device used in contravention of ss 9 or 9A: s 12(1).

A security officer must, after examining the confiscated thing, return it to the person of its retention as evidence is not required and it is lawful for the person to have possession of it. The officer must give it to police: s 12(2).

Various appeal provisions are available to a person following confiscation: see s 12(4), (7).

A security officer may, upon providing certain information and a warning (see s 20), require a person entering, or in, court premises to disclose their name, address and reason for visiting the court premises, if the officer reasonably believes, the person is carrying a restricted item or offensive implement, or has committed an offence in court premises: s 13(1).

Failure to comply with the request is an offence, carrying a penalty of 2 pu: s 13(3).

A security officer may require a person wearing a face covering to remove it to enable the officer or another security officer to see the person’s face if the person is seeking to enter court premises or the officer is arresting the person under the Act: s 13A(1); see also [50-100] Powers of arrest and use of force. The security officer must follow the procedures in s 13A(2). A person sufficiently complies with the requirement if they remove only so much of the face covering as prevents the person’s face from being seen: s 13A(6).

If the person fails to comply, the security officer may again make the requirement and must give certain information (s 20(a)–(c)) and warn that failure to comply may be an offence: s 13A(3). The officer may not make the requirement if the person satisfactorily establishes they have a special justification for not removing the face covering, including a medical reason: s 13A(4). Failure to comply is an offence, with a maximum penalty of 5 pu: s 13A(5).

A security officer may, upon providing certain information and a warning (see s 20), give a reasonable direction to a person in court premises whose behaviour is obstructing, harassing, intimidating, or causing (or likely to cause) fear to, another person: s 14(1).

If the person fails to comply, the officer may repeat the direction and must warn that failure to comply may be an offence: s 14(3). Failure to comply is an offence carrying a maximum penalty of 20 pu: s 14(4).