Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (122 of 2009)

Schedule 4   Court premises

Public Order (Protection of Persons and Property) Act 1971

2   After section 13A

Insert:

13AA Orders relating to court premises in relation to the Federal Court

(1) An authorised court official may make a written order (a court premises order ) specifying particular premises for the purposes of paragraph (b) of the definition of court premises .

(2) An authorised court official may make a court premises order in respect of particular premises only if the authorised court official is satisfied that the premises are likely to be occupied or used (whether permanently or temporarily or under a lease or otherwise) in connection with a sitting, proceeding or any other operation, of the Federal Court.

(3) A court premises order:

(a) must describe the premises to which it relates; and

(b) has effect:

(i) for the period specified in the order (unless it is revoked before the end of that period); or

(ii) if no period is so specified, until it is revoked.

Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation.

(4) If an authorised court official makes a court premises order, the authorised court official must give notice of the order to any person likely to be directly affected by the order.

(5) An authorised court official may give notice of a court premises order as required by subsection (4):

(a) by doing both of the following:

(i) ensuring that, before the premises to which the order relates are occupied or used as mentioned in subsection (2), a copy of the order is posted in a prominent place in the vicinity of the premises;

(ii) ensuring that, if the premises are occupied or used for the purposes of a sitting or proceeding, an announcement is made at the beginning of, or during, the sitting or proceeding describing the order and the effect of the order; and

(b) if regulations of a kind mentioned in subsection (6) are in force in relation to the giving of such notice - by complying with the requirements prescribed by the regulations.

(6) The regulations may make provision for one or more of the following in relation to the giving of notice as required by subsection (4):

(a) the form of the notice;

(b) the manner of giving the notice;

(c) the content of the notice.

(7) A court premises order is not a legislative instrument.

(8) In this section:

authorised court official means:

(a) the Registrar of the Federal Court; or

(b) a Federal Court officer authorised in writing by the Registrar of the Federal Court for the purposes of this section.

Federal Court means the Federal Court of Australia.

Federal Court officer means an officer of the Federal Court within the meaning of subsection 18N(1) of the Federal Court of Australia Act 1976.