13BPublishing or distributing prohibited visual recording

13B Publishing or distributing prohibited visual recording

[Section 13B Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007]

(1)  A person who publishes or distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without lawful and reasonable excuse (proof of which lies on the first-mentioned person), is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(1A)  [Section 13B Subsection (1A) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any prohibited visual recording, item or instrument found on that person that the police officer considers could be used for publishing or distributing contrary to subsection (1) .

(1B)  [Section 13B Subsection (1B) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] The court may, if it considers any prohibited visual recording, item or instrument that was seized under subsection (1A)(b) may have been used during the commission of an offence against subsection (1) , order that the prohibited visual recording, item or instrument be forfeited to the Crown.

(1C)  [Section 13B Subsection (1C) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] The court may make an order under subsection (1B) whether or not the person is convicted of an offence against subsection (1) .

(1D)  [Section 13B Subsection (1D) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] On conviction of a person of an offence against , any prohibited visual recording, item or instrument seized under is forfeited to the Crown.