State Buildings Protective Security Act 1983

An Act to provide for the security of state buildings and other buildings

Long title sub 1998 No. 8 s 4

1Short title

This Act may be cited as the State Buildings Protective Security Act 1983.

s 1 amd 1998 No. 8 s 5

2Commencement

(1)Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty.

(2)Except as is provided by subsection (1), the provisions of this Act shall commence on a date to be appointed by proclamation.

(3)The date so appointed is in this Act referred to as the date of commencement of this Act.

3Definitions

In this Act—

administrator ...

s 3 def administrator sub 1998 No. 8 s 6(1)–(2)

om 2016 No. 43 s 30(1)

belongings, of an entrant, see section 4A.

s 3 def belongings ins 1998 No. 8 s 6(2)

building ...

s 3 def building amd 1995 No. 58 s 4 sch 1

om 1998 No. 8 s 6(1)

commissioner means the commissioner of the police service for the time being appointed under the Police Service Administration Act 1990.

convicted includes being found guilty by a court on a plea of guilty or otherwise, even though a conviction is not recorded.

s 3 def convicted ins 1998 No. 8 s 6(2)

department ...

s 3 def department ins 1988 No. 52 s 44 sch 3

om 1993 No. 17 s 3

electronic screening, of an entrant or an entrant’s belongings, means using an electronic screening device, mentioned in section 21(1)(b), in relation to the entrant or belongings.

s 3 def electronic screening ins 1998 No. 8 s 6(2)

entrant means a person in, or about to enter, a state building.

s 3 def entrant ins 1998 No. 8 s 6(2)

explosive substance means a substance that is or contains an explosive within the meaning of the Explosives Act 1999.

s 3 def explosive substance amd 1999 No. 15 s 137 sch 1

firearm means a firearm within the meaning of the Weapons Act 1990.

s 3 def firearm sub 1994 No. 87 s 3 sch 2

amd 1995 No. 58 s 4 sch 1

Minister ...

s 3 def Minister sub 1990 No. 73 s 3 sch 1

om 1993 No. 17 s 3

noxious or offensive substance means a thing made or adapted, or intended for use by the person possessing the thing, for 1 or more of the following purposes—

(a)assaulting someone else, other than for causing injury to or for incapacitating the other person;

(b)damaging property;

(c)disrupting business conducted by the State, or a non-commercial authority of the State, in a state building, including, for example, interrupting court proceedings.

Examples of noxious or offensive substances—

blood or paint in a plastic or paper wrapping intended to burst on impact when thrown at someone else or a solid object

s 3 def noxious or offensive substance ins 1998 No. 8 s 6(2)

offensive weapon means anything made or adapted for use for causing injury to or for incapacitating a person or intended by the person in possession of it for such a use.

outer garment includes a cloak, coat and jacket.

s 3 def outer garment ins 1998 No. 8 s 6(2)

police service means the Queensland Police Service maintained under the Police Service Administration Act 1990.

s 3 def police service ins 2016 No. 43 s 30(2)

precincts means, in relation to a building—

(a)any forecourt or other court used in conjunction with the building; and

(b)any yard or area used in conjunction with the building or adjacent to the building;

in either case within boundaries prescribed in respect of a particular building by the regulations or in the absence of such prescription up to the alignment of any public vehicular or pedestrian way adjacent to the building but including any wall or fence along the alignment; and

(c)any area above or below the ground adjacent to the walls, roof or foundations of the building.

proscribed matter means—

(a)an explosive substance; or

(b)a firearm; or

(c)a noxious or offensive substance; or

(d)an offensive weapon.

s 3 def proscribed matter ins 1998 No. 8 s 6(2)

protective security officer means a person who holds an appointment as a protective security officer under section 7.

s 3 def protective security officer ins 2016 No. 43 s 30(2)

protective security service ...

s 3 def protective security service amd 1999 No. 19 s 3 sch

om 2016 No. 43 s 30(1)

security of a state building includes—

(a)the safety of entrants to the building; and

(b)the safety of things in, or about to be brought into, the building.

s 3 def security of a state building ins 1998 No. 8 s 6(2)

security officer means a person who holds an appointment as—

(a)a protective security officer; or

(b)a senior protective security officer (in training); or

(c)a senior protective security officer.

s 3 def security officer ins 1998 No. 8 s 6(2)

sub 2016 No. 43 s 30

senior protective security officer means a person who holds an appointment as a senior protective security officer under section 8.

s 3 def senior protective security officer ins 2016 No. 43 s 30(2)

senior protective security officer (in training) means a person who holds an appointment as a senior protective security officer (in training) under section 7.

s 3 def senior protective security officer (in training) ins 2016 No. 43 s 30(2)

state building see section 4.

s 3 def state building ins 1998 No. 8 s 6(2)

vehicle includes a boat, caravan, trailer and wheelchair.

s 3 def vehicle ins 1998 No. 8 s 6(2)

s 3 prev s 3 om 28 May 1993 RA s 36

pres s 3 (prev s 4) amd 1995 No. 58 s 4 sch 1

renum 1998 No. 8 s 6(3)

4Meaning of state building

(1)A state building means—

(a)if the building is not occupied—a building, or part of a building, owned by the State or a non-commercial authority of the State; or

(b)in any other case—a building, or part of a building, occupied by the State or a non-commercial authority of the State.

Example of paragraph (b)—

a building leased by the State and used for a court of record of the State

(2)A state building includes the precincts of the building.

(3)If a state building is constituted by only part of a building, a reference to a state building, or to a state building and its precincts, includes the areas of the building the State or a non-commercial authority of the State may lawfully use together with other owners or occupiers of the building.

(4)Also, a state building includes a building and its precincts, or part of a building and its precincts, declared under a regulation to be a state building.

(5)However, a regulation may only declare a building and its precincts, or part of a building and its precincts, to be a state building if—

(a)the building or part is to be used for an activity with which the State is directly concerned; and

(b)the regulation provides for its expiry at a stated time.

Example of subsection (5)—

If the leader of another country is to visit 1 of Queensland’s privately owned resorts and the State has or shares responsibility for the security of the leader, the part of the resort occupied by the leader may be declared a state building for the stated time of the leader’s stay at the resort.

(6)In this section—

non-commercial authority of the State means an authority of the State that is non-commercial within the meaning of the Competition and Consumer Act 2010 (Cwlth), section 2C.

s 4 ins 1998 No. 8 s 7

amd 2010 No. 54 s 67 sch

4AMeaning of belongings

The following things are belongings of an entrant even if the entrant does not own, or have a right to use, the things—

(a)an article worn by the entrant;

(b)an article carried by the entrant, including, for example, an article in the pockets of the entrant’s clothing;

(c)an article pushed or pulled by the entrant;

(d)a vehicle driven by the entrant or another vehicle towed by a vehicle driven by the entrant;

(e)the contents of an article or vehicle mentioned in paragraphs (a) to (d).

s 4A ins 1998 No. 8 s 7

pt 2 hdg sub 2016 No. 43 s 31

5Services for security of state buildings

It is a function of the police service to provide services for the security of state buildings.

s 5 amd 1998 No. 8 s 8

sub 2016 No. 43 s 32

pt 2A hdg ins 2016 No. 43 s 33

7Appointment of protective security officers

(1)The commissioner may from time to time appoint fit and proper persons, other than police officers, to be—

(a)protective security officers; or

(b)senior protective security officers (in training).

(2)A person who holds an appointment under subsection (1) is a staff member under the Police Service Administration Act 1990.

s 7 amd 1988 No. 52 s 44 sch 3; 2016 No. 43 s 35

8Appointment of senior protective security officers

(1)The commissioner may arrange for any of the following persons to undertake a training course to qualify the person for appointment as a senior protective security officer—

(a)a senior protective security officer (in training);

(b)a protective security officer;

(c)another person, other than a police officer.

(2)The commissioner may appoint an officer or person who successfully finishes the training course as a senior protective security officer.

(3)The following persons are staff members under the Police Service Administration Act 1990—

(a)a person mentioned in subsection (1)(c);

(b)a person who holds an appointment under subsection (2).

s 8 sub 2016 No. 43 s 36

9Standard of fitness and propriety

A person shall not be deemed to be a fit and proper person for appointment as a security officer—

(a)if the person has been convicted in Queensland of a crime or misdemeanour or elsewhere than in Queensland, of an offence that, if it had been committed in Queensland, would constitute a crime or misdemeanour; and

(b)unless the person is of good character; and

(c)unless the person’s physique and physical fitness comply with the standard prescribed, by regulation, for a security officer.

s 9 amd 2016 No. 43 s 37

10AIdentity cards for security officers

(1)The commissioner must issue an identity card to each security officer.

(2)The identity card must—

(a)state the security officer’s name; and

(b)contain a photograph, and the signature, of the security officer; and

(c)identify the person the subject of the identity card as a senior protective security officer, senior protective security officer (in training) or a protective security officer.

(3)A person who ceases to be a security officer must return the person’s identity card to the commissioner as soon as practicable after ceasing to be a security officer.

Maximum penalty—10 penalty units.

(4)Subsection (3) does not apply to a person if the person has a reasonable excuse for not complying with it.

s 10A ins 1998 No. 8 s 10

amd 2016 No. 43 s 39

10BSecurity officers to be in uniform except in limited circumstances

(1)A security officer (other than a senior protective security officer), who is not wearing the uniform decided for the officer under a regulation, may not exercise a power under part 3, divisions 1 and 2, in relation to a person.

(2)A senior protective security officer, who is not wearing the uniform decided for the officer under a regulation, may exercise a power in relation to a person only if the officer first produces the officer’s identity card for inspection by the person.

(3)If, for any reason, it is not practicable to comply with subsection (2) before exercising the power, the senior protective security officer must comply with the subsection at the first reasonable opportunity.

s 10B ins 1998 No. 8 s 10

10CSecurity officer to give notice of damage

(1)A security officer who, in the exercise of a power under section 21A or 21B, damages an entrant’s belongings must immediately give written notice of the particulars of the damage to the entrant.

Editor’s note—

Under section 21A(1) a security officer may ask an entrant to remove an outer garment or do other things to assist an officer to carry out a search of the entrant’s belongings. Under section 21A(3), if a senior protective security officer is satisfied on reasonable grounds the entrant has failed to comply with a request under section 21A(1), the officer may direct the entrant to do the things to assist the conduct of the search. After giving a direction under section 21A(3), the senior protective security officer may inspect the entrant’s belongings under section 21B.

(2)If, for any reason, it is not practicable to give the notice to the entrant, the security officer must—

(a)leave the notice on the damaged belongings; and

(b)ensure the notice is left—

(i)in a reasonably secure way; and

(ii)in a conspicuous position.

s 10C ins 1998 No. 8 s 10

10DCompensation

(1)An entrant may claim compensation from the State for damage to the entrant’s belongings if the entrant incurs a loss or expense because of the exercise or purported exercise of a power under section 21A or 21B.

(2)A payment for compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction for the recovery of compensation.

(3)A court may order the payment for compensation for the loss or expense only if it is just to make the order in the circumstances of the particular case.

(4)This section applies despite section 31.

(5)In this section—

entrant includes a person who was an entrant of a state building at the time the person’s belongings were damaged or allegedly damaged.

s 10D ins 1998 No. 8 s 10

11Officers employed under Public Service Act

Senior protective security officers, senior protective security officers (in training), and protective security officers are to be employed under the Public Service Act 2008.

s 11 amd 1989 No. 80 s 3

sub 1996 No. 37 s 147 sch 2

amd 2009 No. 25 s 83 sch

13Oath of protective security officer

(1)A person appointed as a protective security officer, before acting as such, shall take and subscribe the following oath—

‘I, (name of appointee), swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of protective security officer without favour or affection, malice or ill will, from this date and until I cease to hold that office, and that while I continue to hold that office I will, to the best of my skill and knowledge, discharge all the duties lawfully imposed on me faithfully and according to law. So help me God.’.

(2)If any person required by subsection (1) to take and subscribe the oath therein provided refuses or fails to take or subscribe the oath the person’s appointment as a protective security officer shall be thereby terminated.

s 13 amd 2016 No. 43 s 40

14Oath of senior protective security officer

(1)A person appointed as a senior protective security officer, before acting as such, shall take and subscribe the following oath—

‘I, (name of appointee), swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of senior protective security officer without favour or affection, malice or ill will, from this date and until I cease to hold that office, and that while I continue to hold that office I will to the best of my power cause the peace to be kept and preserved and prevent all offences against all persons in state buildings or against the properties of Her Majesty or the persons and will, to the best of my skill and knowledge, discharge all the duties of that office faithfully and according to law. So help me God.’.

(2)If any person required by subsection (1) to take and subscribe the oath therein provided refuses or fails to take or subscribe the oath the person’s appointment as a senior protective security officer shall thereby be terminated.

s 14 amd 1998 No. 8 s 3 sch

15Justice to administer oaths

An oath required by section 13 or 14 shall be administered by a justice of the peace and shall be subscribed before the justice.

s 15 amd 2016 No. 43 s 41

16Taking of oath deemed to make agreement

Every person who takes and subscribes the oath required by section 13 or 14 shall be deemed to have thereby entered into an agreement in writing with the Crown and to be bound by that agreement to serve Her Majesty in terms of the oath—

(a)in the case of an oath required by section 13—as a protective security officer in whatever capacity the officer may be required to serve at anytime; or

(b)in the case of an oath required by section 14—in the office of senior protective security officer;

in consideration of the wage or salary payable to the officer at the rate of pay applicable at the material time to an officer of the officer’s description and rank.

s 16 amd 1998 No. 8 s 3 sch

pt 3 hdg amd 1998 No. 8 s 3 sch

pt 3 div 1 hdg ins 1998 No. 8 s 11

18Functions of security officers

(1)The primary function of security officers is to carry into effect the systems formulated for the security of state buildings, including, for example, the systems for the entry of vehicles into state buildings and the parking of the vehicles.

(2)Also, the functions may include providing services, on a commercial basis, for a building (other than a state building) under a contract the State has entered into for providing the services.

(3)However, if security officers are providing a service for a building (other than a state building), security officers may not exercise a power under this part in relation to the building.

(4)The functions of security officers may include the following—

(a)another function given to security officers under another Act;

(b)the exercise of a power delegated to security officers under another Act, including, for example, the exercise of a power delegated under the Corrective Services Act 2006, section 309.

s 18 sub 1998 No. 8 s 11

amd 2000 No. 63 s 276 sch 2; 2006 No. 29 s 518 sch 3; 2016 No. 43 s 42

pt 3 div 2 hdg ins 1998 No. 8 s 11

18APowers only to be exercised by senior protective security officers

The powers under this division may only be exercised by a senior protective security officer unless a provision expressly provides that another security officer or person may exercise the power.

s 18A ins 1998 No. 8 s 11

19Powers of senior protective security officer

Every person who holds an appointment as a senior protective security officer shall have and may exercise in relation to a state building all the powers and authorities of a police officer, except the power of arrest, and in relation to the exercise of those powers and authorities shall have all the immunities of a police officer.

s 19 amd 1994 No. 87 s 3 sch 2; 1995 No. 57 s 4 sch 1; 1998 No. 8 s 12

20Authority to demand identification

(1)A senior protective security officer may, subject to the regulations, demand of a person in or about to enter a state building—

(a)the person’s name and address; or

(b)evidence of the person’s name and address; or

(c)the person’s reason for being in, or about to enter, the state building.

(2)A person who in response to a demand made under subsection (1)—

(a)refuses or fails to supply the information sought or any particular thereof;

(b)supplies information that is false;

(c)refuses or fails to provide the evidence sought or any part thereof;

(d)provides as evidence of the person’s name or address material that is false;

commits an offence against this Act unless, in the case referred to in provision (c), the person has a reasonable excuse therefor.

Maximum penalty—10 penalty units.

s 20 amd 1995 No. 58 s 4 sch 1; 1998 No. 8 s 3 sch

21State buildings with electronic screening devices and use of the devices          

(1)This section applies if the systems for the security of a state building involve—

(a)the presence of a security officer in the building; and

(b)the use of 1 or more of the following electronic screening devices—

(i)a device through which an entrant walks, that detects metal or other substances (a walk-through detector);

(ii)a device through which an entrant’s belongings are passed and X-rayed (an X-ray machine);

(iii)a device, held by a security officer and passed over or around an entrant or an entrant’s belongings, that detects metal or other substances (a hand held scanner).

(2)A security officer may ask an entrant of the building to do 1 or more of the following—

(a)to walk through a walk-through detector;

(b)to pass the entrant’s belongings through an X-ray machine;

(c)to allow the officer to pass a hand held scanner in close proximity to the entrant;

(d)to allow the officer to pass a hand held scanner in close proximity to the entrant’s belongings.

(3)A senior protective security officer may direct an entrant of whom a request has been made under subsection (2) to do 1 or more of the things mentioned in the subsection if the senior protective security officer is satisfied on reasonable grounds that the entrant failed to comply with the request.

s 21 amd 1995 No. 58 s 4 sch 1

sub 1998 No. 8 s 13

21ASecurity officer may ask entrant to remove outer garment etc.

(1)This section applies if—

(a)a security officer reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or an entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and

(b)the security officer tells the entrant about the grounds for making the request.

(2)The security officer may ask the entrant to do 1 or more of the following—

(a)allow the officer to inspect the entrant’s belongings;

(b)remove 1 or more outer garments worn by the entrant as specified by the officer;

(c)remove all articles from the pockets of the entrant’s clothing;

(d)open an article for inspection;

(e)open a vehicle or a part of it for inspection;

(f)remove an article from the vehicle as specified by the officer;

(g)for a belonging of an entrant—

(i)if the belonging is a vehicle—park it in a place specified by the officer; or

(ii)if the security officer reasonably believes the belonging to be capable of concealing a proscribed matter—deposit the belonging in a place specified by the officer.

(3)A senior protective security officer may direct an entrant of whom a request has been made under subsection (2) to do 1 or more of the things mentioned in the subsection if the senior protective security officer is satisfied on reasonable grounds that the entrant failed to comply with the request.

s 21A ins 1998 No. 8 s 13

21BExamination of entrant and outer garments and other matters

(1)This section applies if a senior protective security officer gives a direction to an entrant under section 21A(3).

Editor’s note—

Under division 3 limitations apply to the exercise of certain powers under division 2. For example, section 21F(2) states—

(2)The entrant may tell the officer—

(a)the entrant does not want the power exercised in relation to the entrant’s person or belongings and is prepared to leave the state building immediately and take the belongings; or

(b)if the officer has started to exercise the power—the entrant does not want the power exercised further and is prepared to leave the state building immediately and take the belongings.

(2)The senior protective security officer may do 1 or more of the following—

(a)examine an outer garment removed by the entrant;

(b)touch the garments worn by the entrant to the extent reasonably necessary to detect articles carried by the entrant;

(c)remove and inspect a detected article;

(d)inspect a vehicle or a part of it;

(e)inspect an article in a vehicle or an article removed from it by the entrant;

(f)remove an article from a vehicle and inspect the article.

Editor’s notes—

1Under division 3 limitations apply to the exercise of certain powers under division 2—see section 21G.

2Under section 21C a senior protective security officer may exercise a power under section 21B only if the officer is the same sex as the entrant. Also, under division 3, limitations apply to the exercise of certain powers under division 2—see section 21I.

(3)In this section—

inspect, an article, includes open the article and examine its contents.

s 21B ins 1998 No. 8 s 13

21CExamination by person of same sex

(1)A senior protective security officer may, under section 21B(2)(b), touch the garments worn by an entrant only if the officer is the same sex as the entrant.

(2)If the senior protective security officer is not the same sex as the entrant—

(a)the officer may arrange for another security officer of the same sex as the entrant or, if no other security officer is available, an adult person of the same sex as the entrant, to exercise the power at the direction of the senior protective security officer; and

(b)the other security officer or person may exercise the power.

s 21C ins 1998 No. 8 s 13

21DDirection by senior protective security officer to leave building

(1)A senior protective security officer may direct an entrant to leave a state building immediately, and to take the entrant’s belongings out of the building, if the entrant fails—

(a)to comply with a demand under section 20, or a direction under section 21(3) or 21A(3); or

(b)to permit the officer to exercise a power under section 21B.

(2)A senior protective security officer may give a direction under subsection (1) only if the officer is satisfied, on reasonable grounds, it is necessary to give the direction for the security of the building.

(3)The entrant must comply with the direction unless the entrant has a reasonable excuse for not complying with it.

Maximum penalty for subsection (3)—20 penalty units.

s 21D ins 1998 No. 8 s 13

21ESecurity officer to return entrant’s deposited belongings

If an entrant deposits any belongings with a security officer under section 21A(2)(g), the officer must ensure the belongings are returned to the entrant if—

(a)the entrant asks for their return; and

(b)the officer is satisfied, on reasonable grounds, that the entrant is about to leave the building.

Editor’s note—

Under section 21A, a security officer may ask an entrant to deposit certain belongings at a place specified by the officer.

s 21E ins 1998 No. 8 s 13

pt 3 div 3 hdg ins 1998 No. 8 s 13

21FEntrant to be told about refusing to be examined or asking for examination to stop         

(1)Before a senior protective security officer begins to exercise a power under section 21A(3) or 21B, the officer must inform the entrant of the entrant’s rights under subsection (2).

(2)The entrant may tell the officer—

(a)the entrant does not want the power exercised in relation to the entrant’s person or belongings and is prepared to leave the state building immediately and take the belongings; or

(b)if the officer has started to exercise the power—the entrant does not want the power exercised further and is prepared to leave the state building immediately and take the belongings.

s 21F ins 1998 No. 8 s 13

21GPower to examine must not be exercised in certain circumstances             

A senior protective security officer must not exercise a power under section 21A(3) or 21B if the entrant—

(a)tells the officer—

(i)the entrant does not want the power exercised in relation to the entrant’s person or belongings and is prepared to leave the state building immediately and take the belongings; or

(ii)if the officer has started to exercise the power—the entrant does not want the power exercised further and is prepared to leave the state building immediately and take the belongings; and

(b)leaves the state building immediately with the belongings.

s 21G ins 1998 No. 8 s 13

21HVarious limits on security officer examining outer garment

A senior protective security officer may direct an entrant to remove an outer garment only if the officer—

(a)considers on reasonable grounds the entrant is wearing an outer garment and a proper examination of the entrant and garment can not be carried out unless the outer garment is removed; and

(b)specifies the outer garment to be removed; and

(c)tells the entrant that the entrant has the right to ask for the examination of the outer garment to be carried out in an area or place in the building that is, if practicable, out of view of members of the general public; and

(d)tells the entrant that even if the entrant removes the outer garment specified by the officer and allows the officer to examine the outer garment, the entrant may or may not be examined further.

Editor’s note—

Under section 21A(3), a senior protective security officer may direct an entrant to remove 1 or more outer garments worn by the entrant as specified by the senior protective security officer.

s 21H ins 1998 No. 8 s 13

21ILimits on touching garments worn by entrant

(1)A senior protective security officer (or a person acting at the direction of a senior protective security officer) may touch garments while they are worn by the entrant only if the officer—

(a)tells the entrant that the entrant has the right to request the examination be carried out in an area or place in the building that is, if practicable, out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the entrant during the examination; and

(b)takes the entrant to the area or place, if the entrant requests the officer to do so.

(2)A senior protective security officer (or a person acting at the direction of a senior protective security officer) must touch garments while they are worn by the entrant in a way that preserves the entrant’s dignity to the greatest extent practicable.

Editor’s note—

Under section 21B(2)(b), a senior protective security officer may touch garments worn by an entrant to the extent reasonably necessary to detect articles carried by the entrant. Also, under section 21C the search may be carried out only by a person of the same sex as the entrant.

s 21I ins 1998 No. 8 s 13

21JWarning to comply with demand or direction

(1)This section applies if a senior protective security officer intends—

(a)to make a demand, under section 20, of an entrant; or

(b)to direct an entrant, under section 21D, to leave a state building.

(2)Before making the demand or giving the direction, the senior protective security officer must warn the entrant it is an offence against this Act to fail to comply with the demand or direction.

s 21J ins 1998 No. 8 s 13

pt 3 div 4 hdg ins 1998 No. 8 s 13

22Seizure of firearms etc.

(1)A senior protective security officer may seize and detain a proscribed matter found in the possession of a person in the building, except where that person is lawfully in possession of it in the course of the person’s trade, business or calling.

(2)A proscribed matter seized under subsection (1) may be disposed of under the Police Powers and Responsibilities Act 2000, section 714 as if it were a weapon or other thing held by or in the custody of a police officer.

s 22 amd 1994 No. 87 s 3 sch 2; 1995 No. 58 s 4 sch 1; 1996 No. 41 s 39 sch 2; 1998 No. 8 s 14; 2007 No. 36 s 2 sch

23Refusal of entry to and removal from building

If a person fails to comply with a demand under section 20, or a direction under section 21(3) or 21A(3), by a senior protective security officer, or fails to satisfy a senior protective security officer that the person has a good and lawful reason to be in a particular state building then—

(a)if the person is in the state building—it shall be lawful for the senior protective security officer and all persons acting in aid of the officer to remove the person from the state building, using such force as is necessary for the purpose; or

(b)if the person is about to enter the state building—it shall be lawful for the senior protective security officer and all persons acting in aid of the officer to prevent the person from entering the state building, using such force as is necessary for the purpose.

s 23 amd 1998 No. 8 s 15

24Authority to detain offenders and suspects

(1)If a senior protective security officer—

(a)suspects on reasonable grounds that a person has committed an offence against this Act in a state building; or

(b)suspects on reasonable grounds that a person has committed an offence against any other law by reason of having done anything or having had anything in the person’s possession in a state building;

it is lawful for that officer and any other security officer acting in aid of the officer if the person is in that building, to detain that person, using such force as is reasonably necessary for the purpose, until the person can be surrendered to a police officer for investigation of the offence according to law.

(2)As soon as practicable after a senior protective security officer detains the person, the senior protective security officer must surrender the person to a police officer.

s 24 amd 1998 No. 8 s 16

28Prescribed powers additional to other powers

The powers and authorities conferred by this Act are in addition to and shall not be held to prejudice any other powers and authorities had—

(a)by any person exercising judicial functions or constituting any tribunal in relation to the presence of persons or the conduct of persons or proceedings in a building used as a court or by such tribunal or in the precincts thereof; or

(b)by any person in relation to the presence or conduct of persons in a state building.

s 28 amd 1998 No. 8 s 3 sch

29Offence to assault or resist officer

A person must not assault or resist a security officer in the course of the officer performing the officer’s duties under this Act.

Maximum penalty—10 penalty units or 6 months imprisonment.

s 29 amd 1995 No. 58 s 4 sch 1; 1998 No. 8 s 18; 1999 No. 19 s 3 sch

29ASecurity services provided by other than security officers

(1)Nothing in this Act prevents the State entering into a contract with a security firm licensed under the Security Providers Act 1993 for the supply of security services.

(2)However, the employees of the security firm may not under this Act exercise a power conferred on a security officer under this Act.

(3)This section is to remove doubt.

s 29A ins 1998 No. 8 s 19

amd 2016 No. 43 s 43

30Officer to surrender equipment

(1)Upon a person ceasing to be a security officer the person shall surrender—

(b)any firearm or other weapon issued to the person; and

(c)any other prescribed thing issued to the person;

to the commissioner.

(2)A justice of the peace may, upon the complaint of the commissioner, issue a warrant authorising the person named therein or a member of a class of person specified therein to search for and seize on behalf of the commissioner anything specified in subsection (1) that has not been surrendered as prescribed and for that purpose to enter upon any premises or place in which the thing sought is likely to be and to break open any receptacle found therein that is capable of holding the thing sought.

s 30 amd 1998 No. 8 s 3 sch; 2016 No. 43 s 44

31Exclusion of liability

Neither the Crown nor any person shall incur any liability on account of anything done in good faith and without negligence pursuant to or for the purposes of this Act.

32Offence provision and proceedings therefor

(1)A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and is liable, where a penalty is not expressly prescribed, to a penalty not exceeding 4 penalty units.

(2)Proceedings in respect of offences against this Act shall be taken in a summary way under the Justices Act 1886.

s 32 amd 1995 No. 58 s 4 sch 1

33Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about the following—

(a)the functions and powers of security officers;

(b)the manner in which functions and powers of security officers are to be exercised or discharged;

(c)regulating the presence and conduct of persons within state buildings.

s 33 amd 1995 No. 58 s 4 sch 1; 1998 No. 8 s 3 sch; 2016 No. 43 s 45

pt 5 hdg ins 1998 No. 8 s 20

pt 5 div 1 hdg ins 2016 No. 43 s 46

34References to Law Courts and State Buildings Protective Security Act 1983             

A reference in an Act, subordinate legislation, instrument or other document to the Law Courts and State Buildings Protective Security Act 1983 is to be read as a reference to the State Buildings Protective Security Act 1983.

s 34 ins 1998 No. 8 s 20

pt 5 div 2 hdg ins 2016 No. 43 s 47

35References

(1)In an Act or other document, if the context allows—

(a)a reference to the protective security service is taken to be a reference to the police service; and

(b)a reference to the administrator is taken to be a reference to the commissioner.

(2)In this section—

document includes a contract.

s 35 prev s 35 ins 1998 No. 8 s 20

exp 1 July 1999 (see s 35(3))

pres s 35 ins 2016 No. 43 s 47

36Oath of security officers

(1)This section applies if a person appointed as a protective security officer, before the commencement, took an oath under section 13.

(2)The oath continues to have effect despite the amendment of section 13 by the Public Safety Business Agency and Other Legislation Amendment Act 2016.

s 36 prev s 36 ins 1998 No. 8 s 20

exp 1 July 1999 (see s 36(3))

pres s 36 ins 2016 No. 43 s 47

37Administrator

On the commencement, the person who holds an appointment as the administrator vacates that office.

s 37 prev s 37 ins 1998 No. 8 s 20

exp 1 July 1999 (see s 37(3))

pres s 37 ins 2016 No. 43 s 47