Western Australia: Court Security and Custodial Services Act 1999 (WA)

Western Australia Court Security and Custodial Services Act 1999 Western Australia Court Security and Custodial Services Act 1999 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Terms used: hospital, person apprehended under Mental Health Act 1 5. Term used: security, good order or management 1 6. Application of Act to lock‑ups that are not prescribed lock‑ups 1 7. Crown bound 1 Part 2 — Administration of court security and custodial services Division 1 — CEO's responsibilities Subdivision 1 — Court security services 8. Court security services 1 Subdivision 2 — Custodial services 9. Management etc. of court custody centres 1 10. Security etc. of persons in custody at court premises 1 11. Management etc. of personal property at court custody centres 1 12. Management etc. of lock‑ups 1 13. Security etc. of persons in lock‑ups 1 14. Management etc. of personal property at lock-ups 1 15. Security etc. of persons in custody at certain other custodial places 1 16. Moving persons in custody and intoxicated detainees between custodial places 1 17. Management etc. of personal property of certain persons in custody 1 Division 2 — Framework for administering court security and custodial services 18. CEO may enter into contracts with private sector 1 19. CEO may make arrangements with Commissioner of Police and Public Sector 1 20. CEO may delegate 1 21. CEO has Schedule powers 1 22. Powers of contract workers 1 23. Powers of police officers 1 24. Powers of certain court officers 1 25. CEO may authorise justice officers to exercise powers 1 26. Authorised persons may use reasonable force 1 27. Responsibility of certain authorised persons for escapes etc. 1 Division 3 — Other matters relating to administration of court security and custodial services 28. Minister may give directions to CEO 1 29. CEO to inform Minister of certain events 1 30. Separation of certain kinds of persons in custody and intoxicated detainees 1 31. Young persons to be dealt with under Young Offenders Act 1994 1 32. CEO may make rules 1 33. CEO may ban certain persons from visiting lock‑ups or court custody centres 1 34. Judicial officers' right of entry to lock‑ups and court custody centres 1 Division 4 — Court security and court custodial services 35. Court powers not affected by this Act 1 36. CEO to consult relevant chief judicial officer on certain matters 1 37. Sheriff's role 1 Part 3 — Contracts for court security and custodial services Division 1 — Matters relating to contracts generally 38. Minimum matters to be included in contracts 1 39. Minimum standards 1 40. Contract workers subject to judicial direction 1 41. Public Sector Management Act 1994 not applicable 1 42. Minister, CEO etc. may have access to certain places, persons, vehicles and documents 1 43. Administrators and investigators may have access to certain places, persons, vehicles and documents 1 44. CEO may set up inquiry 1 45. Annual reports 1 46. No contracting out 1 Division 2 — Vetting and control of contract workers in relation to high‑level security work 47. Term used: offence for which contract worker is convicted 1 48. High‑level security work 1 49. CEO may declare other kinds of work to be high‑level security work 1 50. Contract workers require permits to do high‑level security work 1 51. Issue of permits 1 52. Information about applicants for permits 1 53. Taking of fingerprints and palmprints 1 54. Grounds for refusing permits 1 55. Determining suitability of contract workers to keep holding permits 1 56. Suspension or revocation of permits 1 57. Gazettal of permit details 1 58. CEO may give directions to contract workers about high‑level security work 1 Division 3 — Intervention in, and termination of, contracts 59. CEO may intervene in contracts 1 60. CEO may terminate or suspend contracts 1 61. CEO may appoint administrator after intervening in contract 1 62. CEO may appoint administrator after terminating or suspending contract 1 63. Administrator's functions 1 64. Contractor etc. to comply with administrator's directions 1 65. Requisitioning property on intervention in, or termination of, contract 1 Part 4 — How authorised persons take charge of, and move, persons in the custody of law enforcement officers Division 1 — General 66. Term used: request 1 67. Authorised persons to comply with requests, subject to contract 1 68. Presumption that persons are in legal custody 1 69. Custodial status not affected by requests 1 Division 2 — Law enforcement officers may request authorised persons to take charge of, and move, persons in custody 70. Terms used 1 71. Law enforcement officers may request authorised persons to take charge of persons in custody at certain custodial places 1 72. Law enforcement officers may request authorised persons to move persons in custody between custodial places 1 73. Law enforcement officers' powers not affected 1 74. Form of requests 1 Division 3 — Police officers may request authorised persons to take charge of persons apprehended under the Mental Health Act 75. Term used: authorised person 1 76. Police officers may request authorised persons to take charge of persons apprehended under Mental Health Act who are at lock‑ups 1 77. Police officers' powers not affected 1 78. Form of requests 1 Division 4 — Police officers may request authorised persons to take charge of, and move, intoxicated detainees 79. Term used: authorised person 1 80. Police officers may request authorised persons to take charge of intoxicated detainees at lock‑ups 1 81. Police officers may request authorised persons to move intoxicated detainees between certain custodial places 1 82. Police officers' powers not affected 1 83. Form of requests 1 Part 6 — Offences 90. Possession of firearms or weapons at certain custodial places or in vehicles 1 91. Certain articles not to be brought into certain custodial places and vehicles 1 92. Hindering or resisting authorised persons 1 Part 7 — Miscellaneous 93. Courts may order or direct authorised persons to take charge of, and move, persons in custody 1 94. Protection from liability 1 95. Authorised persons may possess firearms, prohibited drugs etc. lawfully 1 96. Exchange of information 1 97. Confidentiality 1 98. Assistance by police officers 1 99. Evidentiary matters 1 100. Regulations 1 Schedule 1 — Powers in relation to court security services 1. Term used: court premises 1 2. Power to identify persons at court premises 1 3. Power to deal with disorderly or suspicious persons at court premises 1 4. Power to search persons and their possessions at court premises 1 5. Power to require property to be deposited at court premises 1 6. Further powers to refuse entry to, or remove persons from, court premises 1 7. Power to seize property from persons visiting court premises 1 Schedule 2 — Powers in relation to custodial services Division 1 — Power to move persons with mental impairment 1. Power to take charge of, and move, persons in custody of law enforcement officers 1 2. Power to take charge of, and move, prisoners and detainees 1 3. Power to take charge of, and move, persons in court custody 1 4. Power to move young persons remanded for observation 1 5. Power to move mentally ill or mentally impaired accused 1 Division 2 — Powers in relation to keeping persons in custody 6. Powers in this Division apply in relation to exercise of Division 1 powers 1 7. Power to take identifying particulars of persons in custody 1 8. Power to search persons in custody and their possessions 1 9. Power to seize property from persons in custody 1 10. Power to take persons in custody from certain custodial places for medical treatment 1 11. Power to issue orders to persons in custody 1 12. Power to restrain persons in custody 1 13. Power to prevent communication etc. with persons in custody 1 14. Power to make charges of prison offences 1 15. Power to make charges of detention offences 1 Division 3 — Powers in relation to intoxicated detainees 16. Powers as to intoxicated detainees 1 Division 4 — Powers in relation to visitors to lock‑ups and court custody centres 17. Interpretation 1 18. Power to identify visitors to lock‑ups and court custody centres 1 19. Power to deal with disorderly or suspicious visitors to lock‑ups and court custody centres 1 20. Power to search visitors and their possessions at lock‑ups and court custody centres 1 21. Power to require visitors to lock‑ups and court custody centres to deposit property 1 22. Further powers to refuse entry to, or remove visitors from, lock‑ups and court custody centres 1 Schedule 3 — Powers in relation to apprehension 1. Power to apprehend and detain certain persons 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Court Security and Custodial Services Act 1999 An Act to provide for the administration of court security and custodial services; for persons to have certain powers in respect of those services; and for related matters. Part 1 — Preliminary 1. Short title This Act may be cited as the Court Security and Custodial Services Act 1999. 2. Commencement (1) This Act subject to subsection (2), comes into operation on such day as is, or such days as are respectively, fixed by proclamation. (2) Part 5 comes into operation on the day on which the Inspector provisions as defined in section 2(4) of the Prisons Amendment Act 1999 come into operation 1. 3. Terms used In this Act, unless the contrary appears — administrator means a person appointed or engaged under section 61 or 62; adult means anyone except a young person; authorised person, in relation to a Schedule power, means a person who is authorised to exercise the power; CEO means the chief executive officer of the Department; CEO's rules means rules made under section 32; chief judicial officer of a court includes the person in charge of proceedings at a place which is not a court but is a place — (a) at which a person or body acts judicially; or (b) that a person can be required to attend under a summons issued under a written law; contract means a contract entered into under section 18; contract worker means a natural person who is — (a) a contractor or an employee or agent of a contractor; or (b) a subcontractor or an employee or agent of a subcontractor; contractor means a person, other than the CEO, who has entered into a contract; court custodial services means the custodial services referred to in sections 9, 10, and 11; court custody centre means a part of court premises, other than the dock in a courtroom — (a) that is set aside as a place where persons in custody are detained; and (b) that is not accessible to the members of the public without permission of the person in charge of the place; court premises includes — (a) a courtroom; and (b) a court custody centre; and (c) the building in which a courtroom or court custody centre is located; and (d) where a portion only of a building is used for court purposes, that portion of the building; and (e) the car parking and other areas within the external precincts of the building that are used for court purposes; court security service means a matter for which the CEO is responsible under section 8; courtroom means — (a) a place at which a person or body acts judicially; or (b) a place that a person can be required to attend under a summons issued under a written law; or (c) a place at which a videolink or other device exists whereby, at the same time, the person presiding in a place referred to in paragraph (a) or (b) can see and hear a person who is at another place and who would otherwise be attending the place referred to in paragraph (a) or (b) in person, and vice versa; custodial place means any of the following places — (a) a police station; (b) a lock‑up; (c) a court custody centre; (d) any other part of court premises; (e) a hospital or other place outside a prison or detention centre when attended by a person in custody for medical treatment; (f) an authorised hospital or a declared place as those terms are defined in the Criminal Law (Mental Impairment) Act 2023 section 9; (g) a prison; (h) a detention centre; (i) a place to which a prisoner has been removed under section 28 of the Prisons Act 1981; (j) a place attended by a prisoner under section 83 of the Prisons Act 1981; (k) a place to which a young person is remanded under section 49 of the Young Offenders Act 1994 for observation; (l) a place attended by a detainee under section 188(4) of the Young Offenders Act 1994; (m) a place attended by a resident, as defined in the Declared Places (Mental Impairment) Act 2015 section 3, under the resident's individual development plan as defined in that section; custodial service means a matter for which the CEO is responsible under Subdivision 2 of Division 1 of Part 2; custodial status, in relation to a person, means the person's status of being in legal custody or otherwise; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; detainee has the definition that it has in the Young Offenders Act 1994; detention centre has the definition that it has in the Young Offenders Act 1994; doctor means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; document includes any means of storing or recording information; frisk search, in relation to a person, means a quick search of the person by the rapid and methodical running of hands over the person's outer garments; high‑level security work means — (a) work specified in section 48 as high‑level security work; and (b) work declared as high‑level security work under section 49; intervene, in relation to a contract, means — (a) to give directions as to the manner in which a service that is a subject of the contract is to be provided; or (b) to provide a service that is a subject of the contract; intoxicated detainee means a person detained under the Protective Custody Act 2000; law enforcement officer means a person who is authorised under a law of the State or the Commonwealth to arrest or apprehend a person; lock‑up, subject to section 6, means a place prescribed by the regulations to be a lock‑up for the purposes of this Act; medical treatment includes — (a) psychiatric treatment, which is treatment as defined in the Mental Health Act 2014 section 4; and (b) dental treatment; nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse; permit means a permit issued under section 51 to do high‑level security work; person in court custody means — (a) a person who has appeared in court as required by his or her bail undertaking; or (b) a person other than a prisoner or detainee who is remanded to be held in custody at court premises; or (c) a person who a court has ordered to be taken into custody at court premises; or (d) a person who is taken into custody by the sheriff or a bailiff outside court premises and brought directly to the court; person in custody means a person of any age who is in custody under a law of the State or the Commonwealth and in the case of a written law, whether or not that law has been repealed, except — (a) an intoxicated detainee; and (b) a person who is detained under the Mental Health Act 2014 unless the person has been apprehended by a police officer — (i) under section 99 of that Act pursuant to an apprehension and return order made under section 98 of that Act; or (ii) under section 149 of that Act pursuant to a transport order made under that Act; or (iii) under section 156 of that Act, and is placed in a lock‑up while arrangements are being made by a police officer to take the person to a place as required under that Act; prison has the definition that it has in the Prisons Act 1981; prison officer has the definition that it has in the Prisons Act 1981; prisoner has the definition that it has in the Prisons Act 1981; Schedule power means a power that is set out in Schedule 1, 2 or 3; security includes watching, guarding, keeping secure or protecting; sheriff means the sheriff referred to in section 156 of the Supreme Court Act 1935; subcontractor means a subcontractor of a contractor and includes a person with whom a subcontractor contracts and a person with whom that person contracts; vehicle means any means of transporting people including aircraft and vessels; young person has the definition that it has in the Young Offenders Act 1994. [Section 3 amended: No. 50 of 2000 s. 30; No. 84 of 2004 s. 82; No. 50 of 2006 Sch. 3 cl. 5; No. 59 of 2006 s. 14; No. 8 of 2008 s. 12 and 23(2); No. 22 of 2008 Sch. 3 cl. 12; No. 35 of 2010 s. 50; No. 25 of 2014 s. 44; No. 4 of 2015 s. 85(2); No. 4 of 2018 s. 106; No. 10 of 2023 s. 292 and 410.] 4. Terms used: hospital, person apprehended under Mental Health Act (1) Except in paragraph (f) of the definition of custodial place, a reference in this Act to a hospital does not include a reference to an authorised hospital as defined in the Criminal Law (Mental Impairment) Act 2023 section 9. (2) A reference in this Act to a person apprehended under the Mental Health Act is a reference to a person who has been apprehended by a police officer — (a) under section 99 of the Mental Health Act 2014 pursuant to an apprehension and return order made under section 98 of that Act; or (b) under section 149 of that Act pursuant to a transport order made under that Act; or (c) under section 156 of that Act. [Section 4 amended: No. 84 of 2004 s. 82; No. 25 of 2014 s. 45; No. 10 of 2023 s. 293.] 5. Term used: security, good order or management A reference in this Act to the security, good order or management of a place or vehicle includes, without limiting any other interpretation — (a) the safety of all persons who work at, or otherwise attend, the place or who work on, near or in the vehicle; and (b) the safety and welfare of all persons in custody and intoxicated detainees at the place or in the vehicle; and (c) the good order or management of legal proceedings or other business conducted at the place. 6. Application of Act to lock‑ups that are not prescribed lock‑ups (1) In this section — non‑prescribed lock‑up means a lock‑up other than a place that is prescribed by the regulations to be a lock‑up for the purposes of this Act. (2) A reference in section 16 or 72 or in Schedule 2 clause 2(2), 3(2), 5, 10 or 13 to a custodial place includes a reference to a non‑prescribed lock‑up. (3) A reference in section 81(a)(ii) to a lock‑up includes a reference to a non‑prescribed lock‑up. (4) A reference in section 93 or in Schedule 2 clause 7, 8, 9, 11, 12, 14 or 15 or in Schedule 3 clause 1(1)(b) to a person being moved between custodial places includes a reference to a person being moved to or from a non‑prescribed lock‑up. 7. Crown bound This Act binds the Crown not only in right of the State but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. Part 2 — Administration of court security and custodial services Division 1 — CEO's responsibilities Subdivision 1 — Court security services 8. Court security services (1) In this section — court premises does not include any court custody centre that is part of those premises. (2) The CEO is responsible for — (a) providing for the protection of — (i) people who work at court premises; and (ii) people who are required to attend court premises as a witness or juror or in the course of work; and (iii) other people in a courtroom, from physical harm or loss of liberty that is threatened or deliberately imposed by another person; and (b) providing for the maintenance of order in court premises; and (c) the security of buildings and other real property located within or comprising court premises; and (d) the management and safekeeping of personal property held on behalf of visitors to court premises. Subdivision 2 — Custodial services 9. Management etc. of court custody centres The CEO is responsible for the management, control and security of court custody centres. 10. Security etc. of persons in custody at court premises The CEO is responsible for the security, control, safety, care and welfare of — (a) a person in custody who is in a court custody centre; and (b) a person in custody who is within any other part of court premises except a person who is in the custody of a law enforcement officer other than the sheriff or a bailiff and who has not been dealt with by a court. 11. Management etc. of personal property at court custody centres The CEO is responsible for the management and safekeeping of personal property held on behalf of — (a) persons in custody for whom the CEO is responsible under section 10; or (b) visitors to court custody centres. 12. Management etc. of lock‑ups The CEO is responsible for the management, control and security of lock‑ups. 13. Security etc. of persons in lock‑ups (1) The CEO is responsible for the security, control, safety, care and welfare of a person in custody who is in a lock‑up if — (a) an authorised person has taken charge of the person in custody in response to a request under section 71(a) or 76; or (b) a police officer assigned to the lock‑up has taken charge of the person in custody. (2) The CEO is responsible for the security, control, safety, care and welfare of an intoxicated detainee who is in a lock‑up if — (a) an authorised person has taken charge of the intoxicated detainee in response to a request under section 80; or (b) a police officer assigned to the lock‑up has taken charge of the intoxicated detainee. 14. Management etc. of personal property at lock-ups The CEO is responsible for the management and safekeeping of personal property held on behalf of — (a) persons in custody and intoxicated detainees for whom the CEO is responsible under section 13; or (b) visitors to lock‑ups. 15. Security etc. of persons in custody at certain other custodial places (1) The CEO is responsible for the security, control, safety, care and welfare of a person in court custody who is at a hospital or other place that is attended by the person in court custody for medical treatment if a court has ordered that the person be placed in the charge of a person who is authorised to exercise a power set out in clause 3(1)(c) of Schedule 2. (2) The CEO is responsible for the security, control, safety, care and welfare of a prisoner or detainee who is at — (a) a hospital or other place that is outside a prison or detention centre and attended by the prisoner or detainee for medical treatment; or (b) a place to which the prisoner has been removed under section 28 of the Prisons Act 1981; or (c) a place attended by the prisoner under section 83 of the Prisons Act 1981; or (d) a place attended by the detainee under section 188(4) of the Young Offenders Act 1994, if, under the Prisons Act 1981, the Young Offenders Act 1994, or an order, direction, warrant or other instrument under those Acts or any other law, the person has been placed in the charge of a person who is authorised to exercise a power set out in clause 2(1) of Schedule 2. (3) The CEO is responsible for the security, control, safety, care and welfare of a person in custody who is at a hospital or other place that is attended by the person in custody for medical treatment if an authorised person has taken charge of the person in custody in response to a request under section 71(b). 16. Moving persons in custody and intoxicated detainees between custodial places (1) The CEO is responsible for ensuring that the means of moving persons in custody and intoxicated detainees between custodial places are available as an alternative, or in addition, to the means used by police officers, prison officers and other persons who move persons in custody or intoxicated detainees between custodial places. (2) The CEO is responsible for the security, control, safety, care and welfare of a person in custody who is being moved, or being prepared to be moved, between custodial places — (a) by an authorised person in response to a request under section 72; or (b) under the Prisons Act 1981, the Young Offenders Act 1994, the Criminal Law (Mental Impairment) Act 2023, the Declared Places (Mental Impairment) Act 2015 or an order, direction, warrant or other instrument under those Acts or any other law, by a person who is authorised to exercise a power set out in clause 2(2), 3(2), 4 or 5 of Schedule 2, as is relevant to the case. (3) The CEO is responsible for the security, control, safety, care and welfare of an intoxicated detainee who is being moved, or being prepared to be moved, between custodial places by an authorised person in response to a request under section 81. [Section 16 amended: No. 84 of 2004 s. 82; No. 4 of 2015 s. 85(3); No. 10 of 2023 s. 294.] 17. Management etc. of personal property of certain persons in custody The CEO is responsible for the management and safekeeping of personal property held on behalf of persons in custody and intoxicated detainees for whom the CEO is responsible under section 15 or 16. Division 2 — Framework for administering court security and custodial services 18. CEO may enter into contracts with private sector (1) For the purposes of providing any court security or custodial services the CEO may, for and on behalf of the State, enter into a contract with a person other than — (a) the Commissioner of Police; or (b) a member of the Public Sector as defined in the Public Sector Management Act 1994. (2) Part 3 applies to a contract entered into under this section. 19. CEO may make arrangements with Commissioner of Police and Public Sector (1) The CEO may arrange with the Commissioner of Police, whether by way of delegation under section 20 or otherwise, to provide court security or custodial services. (2) The CEO may arrange with any member of the Public Sector as defined in the Public Sector Management Act 1994, whether by way of delegation under section 20 or otherwise, to provide court security or custodial services other than the management, control and security of a lock‑up or court custody centre. 20. CEO may delegate (1) The CEO may, by instrument, delegate any of the CEO's functions under this Act other than a power specified in subsection (2) to any person except — (a) a contractor or an employee or agent of a contractor; or (b) a subcontractor or an employee or agent of a subcontractor. (2) The following powers of the CEO cannot be delegated under subsection (1) — (a) the power to delegate under subsection (1); (b) the power to enter into a contract under section 18; (c) a Schedule power that the CEO has under section 21; (d) the power to give directions under section 22(3) in relation to whether or not a Schedule power can be exercised by a contract worker or a member of a class of contract workers, or as to the manner in which, or conditions on which, a power is to be exercised; (e) the power to authorise a person to exercise a Schedule power under section 25; (f) the power to have access to a place, and to authorise a person to have access to a place under section 42(1); (g) the power to declare work to be high‑level security work under section 49; (h) the power to intervene in a contract under section 59 or to terminate or suspend a contract under section 60; (i) the power to appoint or engage an administrator under section 61 or 62; (j) the power to sign an evidentiary certificate under section 99. (3) A function performed by a delegate under this section is to be taken to be performed by the CEO. (4) Where a delegate performs a function under a delegation under this section the delegate is to be taken to have performed the function in accordance with the delegation unless the contrary is shown. (5) Nothing in this section is to be read as limiting the ability of the CEO to act through his or her officers and agents in the normal course of business. 21. CEO has Schedule powers The CEO has all the Schedule powers and any exercise by the CEO of a Schedule power in relation to a matter prevails over the exercise of that power by any other person in relation to that matter. 22. Powers of contract workers (1) Subject to subsection (3), a contract worker who holds a permit may exercise the powers set out in Schedules 1 and 3 for the purposes of providing court security services under a contract. (2) Subject to subsection (3), a contract worker who holds a permit may exercise the powers set out in Schedules 2 and 3 for the purposes of providing custodial services under a contract. (3) The CEO may direct that a contract worker, or a member of a class of contract workers — (a) cannot exercise a Schedule power that is specified in the direction; or (b) must exercise a Schedule power in a manner, or in accordance with a condition, specified in the direction. (4) A direction has effect according to its tenor. 23. Powers of police officers (1) A police officer may exercise the powers set out in Schedules 1 and 3 for the purposes of providing court security services under an arrangement between the CEO and the Commissioner of Police. (2) A police officer may exercise the powers set out in Schedules 2 and 3 for the purposes of providing custodial services under an arrangement between the CEO and the Commissioner of Police. (3) The powers that a police officer may exercise under this section are in addition to, and do not derogate from, the powers that the police officer has under any other law. 24. Powers of certain court officers (1) In this section — court officer means — (a) the sheriff or a deputy of the sheriff; or (b) the Marshal of the Family Court. (2) A court officer may exercise the powers set out in Schedules 1 and 3 for the purposes of providing court security services under an arrangement with the CEO. (3) A court officer may exercise the powers set out in Schedules 2 and 3 for the purposes of providing custodial services under an arrangement with the CEO. (4) The powers that a court officer may exercise under this section are in addition to, and do not derogate from, the powers that the court officer has under any other law. [Section 24 amended: No. 59 of 2004 s. 141.] 25. CEO may authorise justice officers to exercise powers (1) In this section — justice officer means — (a) a public service officer working in the Department; or (b) any other person engaged or appointed to work in or for the Department; or (c) a prison officer; or (d) a person appointed under section 11 of the Young Offenders Act 1994; or (e) an officer of the sheriff; or (f) a person authorised by the Marshal of the Family Court to assist the Marshal in the performance of any of the Marshal's functions. (2) The CEO may authorise a justice officer to exercise any power set out in Schedules 1 and 3 for the purposes of providing court security services. (3) The CEO may authorise a justice officer to exercise any power set out in Schedules 2 and 3 for the purposes of providing custodial services. (4) The powers that a justice officer may exercise under an authorisation are in addition to, and do not derogate from, the powers that the officer has under any other law. (5) An authorisation must be in writing and, subject to subsection (4), may be made subject to such conditions or limitations specified in the authorisation as the CEO thinks fit. [Section 25 amended: No. 59 of 2004 s. 141; No. 8 of 2009 s. 43.] 26. Authorised persons may use reasonable force (1) An authorised person may use such reasonable force as is necessary for the purpose of exercising a Schedule power. (2) A person who is authorised to issue an order to a person in custody may use such reasonable force as is necessary to ensure that the order is complied with. 27. Responsibility of certain authorised persons for escapes etc. (1) A person who is authorised to exercise a power set out in Division 1 of Schedule 2 is liable to answer for — (a) the escape of a person in custody while the person in custody is in the authorised person's charge, or is being moved, or is being prepared to be moved, by the authorised person; and (b) the absence without leave of a person apprehended under the Mental Health Act who is in the authorised person's charge at a lock‑up. (2) A person who is authorised to exercise a power set out in Division 3 of Schedule 2 is liable to answer for the absence of an intoxicated detainee while the intoxicated detainee is in the authorised person's charge, or is being moved, or is being prepared to be moved, by the authorised person. Division 3 — Other matters relating to administration of court security and custodial services 28. Minister may give directions to CEO (1) The Minister may give directions to the CEO with respect to the performance of the CEO's functions under this Act, either generally or in relation to a particular matter. (2) Where practicable, the Minister is to consult with the chief judicial officer of a court before giving directions to the CEO about court security and court custodial services affecting the court. (3) The subject matter of any direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the Department under Part 5 of the Financial Management Act 2006 unless publication of the subject matter would adversely affect the effectiveness of a security procedure or an arrangement for the safety of an individual. [Section 28 amended: No. 5 of 2005 s. 37; No. 77 of 2006 Sch. 1 cl. 38.] 29. CEO to inform Minister of certain events The CEO must notify the Minister as soon as practicable of — (a) any escape by a person for whom the CEO is responsible under section 10, 13, 15 or 16; and (b) the death of a person for whom the CEO is responsible under section 10, 13, 15 or 16; and (c) any matter that, in the opinion of the CEO, is an emergency or serious irregularity involving a person for whom the CEO is responsible under section 10, 13, 15 or 16. 30. Separation of certain kinds of persons in custody and intoxicated detainees (1) Where practicable, a person in custody is not to be confined with a person of the opposite sex in a lock‑up, a court custody centre or a vehicle used for moving persons for whom the CEO is responsible under section 16. (2) Where practicable, a young person in custody is not to be confined with an adult person in custody in a lock‑up, a court custody centre or a vehicle used for moving persons for whom the CEO is responsible under section 16. (3) Where practicable, an intoxicated detainee is not to be confined with a person who is not an intoxicated detainee in a lock‑up or a vehicle used for moving persons for whom the CEO is responsible under section 16. (4) Where practicable, a person apprehended under the Mental Health Act is not to be confined in a lock‑up with another person. 31. Young persons to be dealt with under Young Offenders Act 1994 A person who is authorised under this Act to deal with a young person is to do so in accordance with the Young Offenders Act 1994. 32. CEO may make rules (1) The CEO may make rules in relation to court security and custodial services. (2) The CEO's rules must only be made — (a) after consultation with the Commissioner of Police, if any police officer is to be involved in the provision of the relevant service; and (b) after consultation with the contractor, if a contract has been entered into for the provision of the relevant service. (3) If there is any inconsistency between a CEO's rule and a regulation under this Act the rule, to the extent of the inconsistency, has effect subject to the regulation. (4) The CEO's rules may confer a discretionary authority on a person or a member of a class of persons. (5) The CEO's rules are to be published in such manner as the CEO considers necessary to bring rules to the attention of persons affected by them. 33. CEO may ban certain persons from visiting lock‑ups or court custody centres (1) The CEO may ban a person from visiting a lock‑up or court custody centre for up to 3 months if, in the opinion of the CEO, the person's presence at that place is likely to adversely affect the security, good order or management of that place. (2) There is no limit on the number of times a person can be banned. 34. Judicial officers' right of entry to lock‑ups and court custody centres (1) In this section — judicial officer means — (a) a judge of the Supreme Court, the Family Court or the District Court; or (b) the President of the Children's Court; or (c) any person acting in an office referred to in paragraph (a) or (b); or (d) a magistrate. (2) A judicial officer may, upon providing satisfactory proof of his or her identity to the person in charge of a lock‑up or court custody centre, enter and examine the lock‑up or court custody centre at any time. Division 4 — Court security and court custodial services 35. Court powers not affected by this Act Nothing in this Act limits any power that a court has to issue orders or directions or to make rules in relation to court security and court custodial services affecting the court. 36. CEO to consult relevant chief judicial officer on certain matters The CEO is to consult the chief judicial officer of a court that is, or might be, affected by — (a) a proposed contract for the provision of court security or court custodial services; or (b) a proposed change to a contract for the provision of court security or court custodial services; or (c) proposed minimum standards applicable to the provision of court security or court custodial services under a contract; or (d) a proposed change to the minimum standards applicable to the provision of court security or court custodial services under a contract; or (e) a proposed arrangement under section 19 for the provision of court security or court custodial services; or (f) a proposed change to an arrangement under section 19 for the provision of court security or court custodial services; or (g) proposed regulations in relation to court security or court custodial services; or (h) a proposed change to regulations in relation to court security or court custodial services; or (i) proposed CEO's rules in relation to court security or court custodial services; or (j) a proposed change to CEO's rules in relation to court security or court custodial services; or (k) a proposed code of ethics or conduct to apply to persons providing court security or court custodial services; or (l) a proposed change to a code of ethics or conduct to apply to persons providing court security or court custodial services; or (m) a proposed direction under section 58 to a contract worker concerning court security or court custodial services; or (n) a proposed change to a direction under section 58 to a contract worker concerning court security or court custodial services. 37. Sheriff's role (1) The sheriff is to perform the following functions when requested to do so by the chief judicial officer of a court — (a) consult with the chief judicial officer on matters concerning any court security or court custodial service provided at the court under a contract or an arrangement under section 19; and (b) represent the chief judicial officer in discussions with the CEO or the CEO's representative on matters referred to in paragraph (a); and (c) represent the chief judicial officer for the purposes of section 36. (2) Nothing in this section affects the functions that the sheriff has under this Act or any other law. Part 3 — Contracts for court security and custodial services Division 1 — Matters relating to contracts generally 38. Minimum matters to be included in contracts A contract must provide for — (a) compliance by the contractor with this Act, any other written law and the CEO's rules; and (b) objectives and performance standards in relation to the provision of services under the contract; and (c) fees, costs and charges to be paid to and by the contractor; and (d) compliance by the contractor with the minimum standards established under section 39 in relation to the provision of services under the contract; and (e) the submission of reports in relation to the contractor's obligations under the contract; and (f) notification by the contractor of any change in the control, management or ownership of — (i) the contractor; or (ii) a subcontractor, or a member of a class of subcontractors, specified for the purposes of this paragraph by the CEO in the contract; and (g) the financial and other consequences of intervening in a contract under section 59, terminating or suspending a contract under section 60 and of requisitioning property under section 65; and (h) codes of ethics and conduct, as approved by the CEO, to apply to the contractor, any subcontractor and their employees and agents; and (i) reporting procedures to notify the CEO of escapes, deaths of persons in custody or intoxicated detainees and other emergencies or serious irregularities; and (j) investigation procedures and dispute resolution mechanisms for complaints about the provision of services under the contract; and (k) an indemnity by the contractor in favour of the State of Western Australia; and (l) the office the holder of which is to be the principal officer of the contractor and the subcontractors under the relevant contract for the purposes of the Children and Community Services Act 2004, the Corruption, Crime and Misconduct Act 2003, the Freedom of Information Act 1992 and the Parliamentary Commissioner Act 1971, respectively; and (m) any other matter prescribed by regulation. [Section 38 amended: No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 35 of 2014 s. 39; No. 4 of 2015 s. 85(4).] 39. Minimum standards (1) The CEO must establish minimum standards applicable to the provision of services under a contract and the CEO may, from time to time, amend the minimum standards. (2) The Minister is to ensure that the minimum standards, as amended from time to time, are laid before each House of Parliament within 10 sitting days of such House next following the establishment or amendment of the minimum standards. 40. Contract workers subject to judicial direction (1) A contract worker who provides court security or court custodial services is taken to be an officer of the court. (2) A contract worker who provides court security or court custodial services must obey the directions of — (a) the person presiding in a courtroom; and (b) the chief judicial officer of the court concerned. 41. Public Sector Management Act 1994 not applicable (1) The Public Sector Management Act 1994 does not apply to — (a) a contractor or an employee or agent of a contractor; or (b) a subcontractor or an employee or agent of a subcontractor. (2) A reference in subsection (1) to an agent of a contractor or subcontractor does not include a reference to a public service officer who is seconded under section 66 of the Public Sector Management Act 1994 to perform functions or services for, or duties in the service of, the contractor or subcontractor during the secondment period. 42. Minister, CEO etc. may have access to certain places, persons, vehicles and documents (1) The Minister, the CEO and any person authorised by the CEO may, at any time (with any assistants and equipment that the Minister, the CEO or authorised person thinks are necessary), have free and unfettered access to a place, person, vehicle or document referred to in subsection (2) for the purpose of — (a) ensuring compliance with this Act, the CEO's rules or a contract; or (b) ensuring that a service that is a subject of a contract is being properly provided. (2) A person referred to in subsection (1) may have access to — (a) a custodial place at which, or in respect of which, services are provided under a contract, or any part of such a place; (b) a person in custody or intoxicated detainee in such a place; (c) a contract worker whose work is concerned with such a place; (d) a vehicle used by a contractor to provide services under a contract; (e) a person in custody or intoxicated detainee in such a vehicle; (f) a contract worker whose work is concerned with such a vehicle; (g) all documents in the possession of the contractor or a subcontractor in relation to any service that is a subject of a contract. (3) The CEO may authorise a person for the purposes of subsection (1). (4) An authorisation must be in writing and may be made subject to such conditions and limitations specified in the authorisation as the CEO thinks fit. (5) A person must not hinder or resist a person referred to in subsection (1) when the person is exercising or attempting to exercise a power under that subsection. Penalty: $20 000. (6) Nothing in this section limits any entitlement that a person, under a law, has to have access to a place, person, vehicle or document referred to in subsection (2). 43. Administrators and investigators may have access to certain places, persons, vehicles and documents (1) An administrator and an investigator appointed under section 44 may, at any time (with any assistants and equipment that the administrator or investigator thinks are necessary), have free and unfettered access to a place, person, vehicle, or document referred to in section 42(2) for the purpose of enabling the administrator or investigator to perform his or her functions. (2) A person must not hinder or resist an administrator or investigator when the administrator or investigator is exercising or attempting to exercise a power under subsection (1). Penalty: $20 000. (3) Nothing in this section limits any entitlement that a person, under a law, has to have access to a place, person, vehicle or document referred to in section 42(2). 44. CEO may set up inquiry (1) The CEO may, and upon the request of the Minister must, appoint a suitably qualified person (an investigator) to inquire into and report upon any matter, incident or occurrence concerning any service that is a subject of a contract other than whether or not an offence has been committed. (2) For the purposes of carrying out an inquiry, an investigator may require — (a) the contractor or an employee or agent of that contractor; or (b) a subcontractor or an employee or agent of that subcontractor, to give the investigator such information as the investigator requires or to answer any question put to the person in relation to any matter, incident or occurrence that is the subject of the inquiry. (3) An investigator may specify the form or manner in which the information or answer is to be given. (4) A person is not excused from giving any information or answering any question, when required to do so by an investigator, on the ground that the information or answer might incriminate the person or render the person liable to a penalty, but that information or answer is not admissible in evidence against the person who gives it in any proceedings, whether civil or criminal, in any court except in proceedings for an offence under subsection (5). (5) A person must not, in response to a requirement under subsection (2) — (a) fail or refuse to supply the required information or answer the question; or (b) give information or an answer that is false or misleading in a material particular. Penalty: $1 000. (6) Before an investigator requests a person to give information or asks a person a question for the purposes of an inquiry the investigator must advise the person — (a) that the person does not have to give the information or answer the question unless the investigator requires the person to do so; and (b) that if the person gives the information or answers the question on the request of the investigator but without having been required by the investigator to do so, the information or answer may be admissible in evidence against the person in any proceedings; and (c) of the effect of giving the information or answering the question in response to a requirement of the investigator to do so, as mentioned in subsection (4); and (d) of the offences and the penalty as mentioned in subsection (5). (7) A requirement of an investigator to give information or answer a question for the purposes of an inquiry must be clearly distinguishable from a request to give the information or answer the question. 45. Annual reports (1) The CEO is to prepare and deliver to the Minister by 30 September each year a report on each contractor who provided services under a contract in the preceding 12 months. (2) The report is to contain such information as is required to be included in the report by the Minister to enable an informed assessment to be made of — (a) the operations of each contractor; and (b) the extent to which there has been compliance with the relevant contract. (3) The Minister is to ensure that the report is laid before each House of Parliament within 10 sitting days of such House next following the Minister's receipt of the report. (4) The Minister is to ensure that a contract, as amended from time to time, is laid before each House of Parliament within 30 days of such House next following the execution of the contract or the amendment. (5) If neither House of Parliament is sitting on the day when the 30 day period referred to in subsection (4) expires — (a) immediately on the expiration of that period the Minister is to send a copy of the contract or the contract as amended, as is relevant to the case, to the Clerk of the Legislative Assembly and the Clerk of the Legislative Council; and (b) the Clerks are to jointly ensure that the contract or the contract as amended is published as soon as practicable in a manner prescribed. 46. No contracting out The provisions of this Part apply despite anything to the contrary in a contract. Division 2 — Vetting and control of contract workers in relation to high‑level security work 47. Term used: offence for which contract worker is convicted In this Division a reference to an offence for which the contract worker is convicted includes — (a) an offence for which the contract worker is convicted in any part of the world; and (b) the payment of the whole or a part of a penalty under an infringement notice as defined in the Road Traffic (Administration) Act 2008 section 4 in respect of an alleged offence by the contract worker; and (c) the payment of the whole or a part of a penalty under an infringement notice under a law, in any other part of the world, corresponding to a road law as defined in the Road Traffic (Administration) Act 2008 section 4, in respect of an alleged offence by the contract worker. [Section 47 amended: No. 8 of 2012 s. 71.] 48. High‑level security work (1) A court security service provided by a contract worker is high‑level security work. (2) A custodial service is high‑level security work if — (a) it is of a kind that requires the person providing it to exercise a power set out in Schedule 2 or 3; and (b) it is provided by a contract worker. 49. CEO may declare other kinds of work to be high‑level security work (1) The CEO may, in writing, declare as high‑level security work — (a) a custodial service that requires a contract worker to deal directly with persons in custody or intoxicated detainees except a custodial service referred to in section 48(2); or (b) work that requires a contract worker to have access to information about persons in custody or intoxicated detainees; or (c) any other work to be done by a contract worker that in the opinion of the CEO should be declared to be high‑level security work. (2) The CEO may amend a declaration. (3) The CEO is to ensure that notice of a declaration or an amendment of a declaration is published in the Gazette within 14 days after the day the declaration or amendment occurs. (4) The validity of a declaration or an amendment of a declaration is not affected by failure to publish the notice. 50. Contract workers require permits to do high‑level security work A contract worker must not do, or purport to do, any high‑level security work unless he or she has a current permit to do the work and does the work in accordance with the permit. Penalty: Imprisonment for 3 years. 51. Issue of permits (1) On application by a contract worker in a manner approved by the CEO, the CEO may issue the contract worker with a permit to do high‑level security work. (2) To determine the suitability of a contract worker to do high‑level security work the CEO may — (a) have regard to the information referred to in section 52(1) and (3) about the contract worker; and (b) make appropriate enquiries about the contract worker; and (c) enquire into the honesty and integrity of the contract worker's known associates. (3) A permit may be issued subject to such conditions and limitations specified in the permit as the CEO thinks fit. (4) A permit is not transferable. 52. Information about applicants for permits (1) The CEO may in writing require a contract worker who applies for a permit or the relevant contractor to provide — (a) information about any offence for which the contract worker is convicted; and (b) information about any disciplinary proceedings conducted against the contract worker in the course of his or her employment; and (c) information about any other matter that is relevant to the suitability of the contract worker to do high‑level security work; and (d) a photograph of the contract worker. (2) A person must not give information or a photograph that is false or misleading in a material particular in response to a requirement under subsection (1). Penalty: Imprisonment for 3 years. (3) If a contract worker applies for a permit the contract worker is to authorise the Commissioner of Police to provide to the CEO and the relevant contractor — (a) information about any offence for which the contract worker is convicted; and (b) such other information as is required by the CEO to determine the suitability of the contract worker to do high‑level security work. (4) A person must not give information that is false or misleading in a material particular in an authority under subsection (3). Penalty: Imprisonment for 3 years. 53. Taking of fingerprints and palmprints (1) The CEO may in writing require a contract worker who applies for, or holds, a permit to attend at a place and there have his or her fingerprints or palmprints taken by a member of the Police Force or an employee of the Police Service. (2) The Commissioner of Police is to cause fingerprints and palmprints taken under this section and any copy of them to be destroyed — (a) if the permit is not granted; or (b) when the permit no longer has effect. 54. Grounds for refusing permits (1) The CEO may refuse to issue a contract worker with a permit to do high‑level security work if, in the opinion of the CEO — (a) the contract worker has not complied with a requirement under section 52(1); or (b) the contract worker has not given an authority under section 52(3); or (c) the contract worker has not complied with a requirement under section 53(1); or (d) the contract worker has not completed training approved by the CEO; or (e) the contract worker has failed to satisfy the CEO that the contract worker is a fit and proper person to do high‑level security work; or (f) the contract worker should not do high‑level security work because of his or her criminal record or character or because of any other relevant reason; or (g) the contract worker does not meet all the conditions specified in the relevant contract in relation to persons who are to do high‑level security work; or (h) it is not in the public interest to do so. (2) The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the issue of, or refusal to issue, a permit. 55. Determining suitability of contract workers to keep holding permits (1) To determine the suitability of a contract worker to continue to do high‑level security work the CEO may — (a) have regard to the information referred to in subsection (2) and (4) about the contract worker; and (b) make appropriate enquiries about the contract worker; and (c) enquire into the honesty and integrity of the contract worker's known associates. (2) If a contract worker holds a permit the CEO may, at any time, in writing require the contract worker or the relevant contractor to provide information about — (a) any offence for which the contract worker is convicted; and (b) any disciplinary proceedings conducted against the contract worker in the course of his or her employment; and (c) any other matter that is relevant to the suitability of the contract worker to continue to do high‑level security work. (3) A person must not give information that is false or misleading in a material particular in response to a requirement under subsection (2). Penalty: Imprisonment for 3 years. (4) If a contract worker holds a permit the CEO may, at any time, in writing require the contract worker to authorise the Commissioner of Police to provide to the CEO and the relevant contractor — (a) information about any offence for which the contract worker is convicted; and (b) such other information as is required by the CEO to determine the suitability of the contract worker to continue to do high‑level security work. (5) A person must not give information that is false or misleading in a material particular in an authority under subsection (4). Penalty: Imprisonment for 3 years. 56. Suspension or revocation of permits (1) The CEO may, at any time, suspend or revoke a permit held by a contract worker if, in the opinion of the CEO — (a) the permit ought not to have been issued to the contract worker, or ought not to continue in force in respect of the contract worker, having regard to the grounds referred to in section 54(1)(d) to (h); or (b) the contract worker has failed to comply with — (i) this Act or the CEO's rules; or (ii) a direction given to the contract worker under this Act or the relevant contract or by a court; or (iii) an order, direction, warrant or other instrument under any law concerning the charge of a person in custody or intoxicated detainee at a custodial place or the movement of a person in custody or intoxicated detainee between custodial places; or (iv) a code of ethics or conduct provided for under the relevant contract; or (v) a requirement under section 55(2) or (4). (2) The CEO may suspend or revoke any permit held by a contract worker if — (a) the CEO intervenes in the relevant contract under section 59 or terminates or suspends the relevant contract under section 60; or (b) the relevant contract is terminated or suspended under the terms of the contract. (3) The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the suspension or revocation of a permit under subsection (2). 57. Gazettal of permit details (1) The CEO is to ensure that notice of the issue, suspension, reinstatement or revocation of a permit is published in the Gazette within 14 days after the day the event occurs. (2) The validity of the issue, suspension, reinstatement or revocation of a permit is not affected by failure to publish the notice. 58. CEO may give directions to contract workers about high‑level security work (1) The CEO may give directions to a contract worker who holds a permit to do high‑level security work. (2) A direction may be given with respect to any matter relating to high‑level security work, either generally or in a particular case. (3) A direction must not be inconsistent with the regulations or the relevant contract. Division 3 — Intervention in, and termination of, contracts 59. CEO may intervene in contracts (1) The CEO may intervene in a contract if, in the opinion of the CEO — (a) there are grounds for doing so under subsection (2); and (b) the intervention is in the public interest or is necessary to ensure the proper provision of a service that is the subject of a contract. (2) The grounds for intervening in a contract are that — (a) there is an emergency in a service that is a subject of the contract; or (b) the contractor has failed to effectively provide a service that is a subject of the contract. 60. CEO may terminate or suspend contracts (1) The CEO, with the Minister's approval, may on behalf of the State terminate or suspend a contract (wholly or partially) if, in the opinion of the CEO — (a) there are grounds for doing so under subsection (2); and (b) the termination or suspension of the contract is in the public interest. (2) The grounds for terminating or suspending a contract are that — (a) the contractor becomes insolvent within the meaning of the contract; or (b) the identity of the persons who control, manage or own the contractor or a subcontractor changes during the term of the contract without the consent of the CEO; or (c) the contractor has committed a material breach of the contract that is not capable of being remedied; or (d) the contractor has failed to rectify a breach of the contract within the time specified in the contract after the issue of a default notice; or (e) the CEO gives the contractor written notice to the effect that the contract will be terminated or suspended 3 days after the day on which the contractor receives the notice or at such later time as is specified in the notice. 61. CEO may appoint administrator after intervening in contract (1) If the CEO intervenes in a contract under section 59 the CEO may appoint or engage an administrator — (a) to give directions as to the manner in which a service that is a subject of the contract is to be provided; or (b) to provide a service that is a subject of the contract. (2) The directions given by an administrator and the provision by an administrator of a service that is a subject of a contract must be in accordance with the terms of the administrator's appointment or engagement. (3) An administrator cannot be appointed or engaged for a period exceeding one year but can be reappointed or re‑engaged if, after review of the reason for intervention in a contract, the CEO determines that the reason for the intervention still exists. 62. CEO may appoint administrator after terminating or suspending contract (1) If the CEO terminates or suspends a contract under section 60 the CEO may appoint or engage an administrator — (a) to provide any service that was a subject of the terminated contract; or (b) to provide any service that is a subject of the suspended contract. (2) The provision by an administrator of a service that was or is a subject of a contract must be in accordance with the terms of the administrator's appointment or engagement. (3) An administrator cannot be appointed or engaged for a period exceeding one year but can be reappointed or re‑engaged if the CEO determines — (a) in the case of the termination of a contract, that matters arising from the terminated contract have not been properly resolved; or (b) in the case of the suspension of a contract, that the reason for the suspension still exists. 63. Administrator's functions An administrator may, for the purposes of performing his or her functions — (a) perform — (i) any function that the contractor or an employee or agent of that contractor has under a contract or had under a terminated contract; and (ii) any function that a subcontractor or an employee or agent of that subcontractor has under a contract or had under a terminated contract; and (b) exercise any Schedule power. 64. Contractor etc. to comply with administrator's directions (1) If an administrator is appointed or engaged under section 61 then for the period of the appointment or engagement — (a) the contractor; and (b) each subcontractor; and (c) any person appointed or employed by the contractor or a subcontractor to manage a service that is a subject of a contract, must comply with the administrator's directions in respect of the management or provision of the service, or the ceasing of the provision of the service. Penalty: $50 000. (2) If an administrator is appointed or engaged under section 61 then for the period of the appointment or engagement any contract worker who has a function in respect of a service that is a subject of the relevant contract must comply with the administrator's directions as to the performance of the function. Penalty: $5 000. 65. Requisitioning property on intervention in, or termination of, contract If the CEO intervenes in a contract under section 59 or terminates or suspends a contract under section 60, the CEO or an administrator (with the CEO's approval) may — (a) no later than 2 months after the intervention, termination or suspension, requisition any property used in relation to the provision of a serv