281MAccused person not to possess designated terrorism evidence

281M Accused person not to possess designated terrorism evidence

281M Accused person not to possess designated terrorism evidence

(1) An accused person who knows, or ought reasonably to know, that evidence is designated terrorism evidence must not be in possession of that evidence, except while under the supervision of—

(a) in the case of an unrepresented accused person—the prosecuting authority or a person assisting the prosecuting authority, or

(b) in the case of an accused person represented by an Australian legal practitioner—the Australian legal practitioner.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

(2) This section does not apply to designated terrorism evidence that is in the possession of an accused person if—

(a) a terrorism evidence notice has been served on the accused person requiring the person to return the designated terrorism evidence to the prosecuting authority, and

(b) the period within which the designated terrorism evidence must be returned has not ended.

ch 6, pt 2B (ss 281G–281N): Ins 2018 No 29, Sch 1.10 [14].