Admission to Courts Act 1916
An Act to control and regulate admission to courts
[Royal Assent 8 December 1916]
[Preamble Amended by No. 14 of 1992, s. 4 ]Whereas it is desirable that, while the general principles of the common law relating to the trial of causes in open court should be maintained, power should nevertheless exist to control and regulate admission to courts for the purpose of securing public order and safety in the courts and in the interests of the public morals and decency:
Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Admission to Courts Act 1916 .
[Section 1A Inserted by No. 14 of 1992, s. 5 ]In this Act –[Section 1A Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] authorized officer, in relation to a court, means a police officer and, in relation to a particular court, means a person who is appointed under section 1B to be an authorized officer of that court;court includes the premises occupied in connection with the operations of a court and the precincts of those premises;[Section 1A Amended by No. 6 of 2003, s. 4, Applied:01 Jul 2003] lower courts means lower courts within the meaning of the Magistrates Court Act 1987 ;registrar means –(a) in the case of the Supreme Court, the Registrar of that Court; or(b) [Section 1A Amended by No. 6 of 2003, s. 4, Applied:01 Jul 2003] in the case of lower courts, the Administrator of the Magistrates Court.
1B. Appointment of authorized officer
[Section 1B Inserted by No. 14 of 1992, s. 5 ]A registrar of a court may appoint a person to be an authorized officer of that court for the purposes of this Act.
[Section 2 Substituted by No. 14 of 1992, s. 6 ][Section 3 Repealed by 25 Geo. V No. 78 ](1) [Section 2 Subsection (1) amended by No. 6 of 2003, s. 5, Applied:01 Jul 2003] The Governor may, on the recommendation of the judges as regards the Supreme Court or the magistrates as regards lower courts, make regulations for or with respect to the following matters:(a) [Section 2 Subsection (1) amended by No. 6 of 2003, s. 5, Applied:01 Jul 2003] the admission of persons to courts;(b) [Section 2 Subsection (1) amended by No. 6 of 2003, s. 5, Applied:01 Jul 2003] the conduct of persons in courts;(c) [Section 2 Subsection (1) amended by No. 6 of 2003, s. 5, Applied:01 Jul 2003] the control of persons in courts;(d) [Section 2 Subsection (1) amended by No. 6 of 2003, s. 5, Applied:01 Jul 2003] any other matter that is necessary or convenient for securing public order and safety in courts.(2) Without limiting the generality of subsection (1) , regulations made under this section may confer power on an authorized officer to –(a) require any person who is in a court to state the person's name and address; and(b) require any person entering, or in, a court to submit to a search; and(c) [Section 2 Subsection (2) amended by No. 44 of 2004, s. 4, Applied:16 Nov 2004] seize and detain anything found on a person searched that the authorized officer considers is likely to adversely affect the security, good order or management of the court; and(d) remove, or cause to be removed, from a court any person behaving in an unlawful or disorderly manner.(3) Regulations made under this section may be made so as to apply differently according to matters, limitations or restrictions whether as to time, circumstance or otherwise, specified in the regulations.(3A) [Section 2 Subsection (3A) inserted by No. 6 of 2003, s. 5, Applied:01 Jul 2003] Regulations made under this section may –(a) authorise any matter to be determined, applied or regulated by –(i) in the case of regulations for the Supreme Court, the Chief Justice or another person specified in the regulations; and(ii) in the case of regulations for a lower court, the Chief Magistrate or another person, or a body, specified in the regulations; and(b) provide for the appointment of persons to give directions to authorized officers and the giving of those directions.(3B) [Section 2 Subsection (3B) inserted by No. 6 of 2003, s. 5, Applied:01 Jul 2003] Regulations made under this section for any court may contain provisions of a savings or transitional nature consequent on the enactment of the Justice (Delegated Legislation) Act 2003 .(3C) [Section 2 Subsection (3C) inserted by No. 6 of 2003, s. 5, Applied:01 Jul 2003] A provision referred to in subsection (3B) may, if the regulations so provide, take effect on the day on which Part 2 of the Justice (Delegated Legislation) Act 2003 commences or a later day.(4) Regulations made under this section may provide that it is an offence for a person to contravene or fail to comply with any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months or both.
4. Offences punishable summarily by judge, &c.
[Section 4 Amended by No. 14 of 1992, s. 7 ]An offence under the regulations may be punished summarily by the judge or other person presiding in the court in relation to which the offence is committed, at any time, whether the court has ceased to sit or not.
5. Formal charge not necessary
A formal charge of any offence under the regulations is not required, and the judge or other person presiding in a court may be satisfied as to the facts in such manner as the judge or person thinks fit.
Any person aggrieved by the imposition of any penalty may appeal to the Supreme Court upon law and facts by giving 3 days' notice of appeal to the clerk of the court, stating the grounds of the appeal. Nothing further shall be necessary to properly constitute the appeal.
7. Transition to new regulations
[Section 7 Inserted by No. 6 of 2003, s. 6, Applied:01 Jul 2003](1) In this section –new regulations means regulations made under this Act as amended by the Transition Act;old regulations means the regulations in force under this Act immediately before the transition day (the " Admission to Courts Regulations 1995 ");Transition Act means the Justice (Delegated Legislation) Act 2003 ;transition day means the day on which Part 2 of the Transition Act commences.(2) Notwithstanding the amendments made to this Act by Part 2 of the Transition Act –(a) the old regulations continue in force on and after the transition day, and may be amended as if the Transition Act had not been enacted, until new regulations first take effect; and(b) if the first new regulations to take effect do not apply to a particular court, the old regulations continue in force in their application to that court, and may be amended accordingly by the Governor (on the recommendation of the judges) as if the Transition Act had not been enacted, until new regulations applying to that court take effect.(3) The Governor, on the recommendation of the judges, may rescind the old regulations.