13CPossession of prohibited visual recording

13C Possession of prohibited visual recording

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

(1)  A person who has in his or her possession a prohibited visual recording having reason to believe it to be a prohibited visual recording 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 13C Subsection (1A) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening 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 found on that person or any item or instrument found on that person that the police officer considers could be used for storing a prohibited visual recording.

(1B)  [Section 13C Subsection (1B) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] The court may, if it considers any prohibited visual recording 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 be forfeited to the Crown.

(1C)  [Section 13C Subsection (1C) inserted by No. 15 of 2014, s. 14, 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 13C Subsection (1D) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (1) , any prohibited visual recording seized under subsection (1A)(b) is forfeited to the Crown.