13CPossession of prohibited visual recording

### 13C Possession of prohibited visual recording > [*\[Section 13C Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS5@EN) > > > (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)  [*\[Section 13C Subsection (1A) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS14@EN) If a police officer has reasonable grounds to believe that a person is contravening [subsection (1)](#GS13C@Gs1@EN) , 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)  [*\[Section 13C Subsection (1B) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS14@EN) The court may, if it considers any prohibited visual recording that was seized under [subsection (1A)(b)](#GS13C@Gs1A@Hpb@EN) may have been used during the commission of an offence against [subsection (1)](#GS13C@Gs1@EN) , order that the prohibited visual recording be forfeited to the Crown. > > > (1C)  [*\[Section 13C Subsection (1C) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS14@EN) The court may make an order under [subsection (1B)](#GS13C@Gs1B@EN) whether or not the person is convicted of an offence against [subsection (1)](#GS13C@Gs1@EN) . > > > (1D)  [*\[Section 13C Subsection (1D) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS14@EN) On conviction of a person of an offence against [subsection (1)](#GS13C@Gs1@EN) , any prohibited visual recording seized under [subsection (1A)(b)](#GS13C@Gs1A@Hpb@EN) is forfeited to the Crown. > > > (2)  In this section – > > > > > ***prohibited visual recording*** has the same meaning as in [section 13B](#GS13B@EN) .