15FLaser pointers

15F Laser pointers

[Section 15F Inserted by No. 11 of 2010, s. 4, Applied:27 Jul 2010]

(1)  A person must not, without lawful excuse (proof of which lies on that person), possess, carry or use a laser pointer in a public place.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not, without lawful excuse (proof of which lies on that person), by means of a laser pointer, intentionally or recklessly direct a laser beam at any person, animal or vehicle.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.

(3)  Subsections (1) and (2) do not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a State Service employee, employed in the Department, acting in the performance of his or her duties; or

(c) a person, or group of persons, excluded in writing by the Commissioner from the application of those subsections.

(4)  A police officer who reasonably suspects that a person in a public place has contravened subsection (1) or (2) may, without a warrant –

(a) stop, detain and search the person; and

(b) stop, detain and search any vehicle the person is in, any vehicle the person appears to have been in or be about to get in or any vehicle the person appears to have put anything in.

(5)  A police officer who reasonably suspects that the safety of any person or the safe operation of any vehicle has been, or is about to be, put at serious and immediate risk through the use of a laser pointer contrary to subsection (2) may, without a warrant –

(a) enter and search any premises from which the relevant laser beam appears to have been, or be about to be, directed and search any person on those premises; or

(b) stop, detain and search any vehicle from which the relevant laser beam appears to have been, or be about to be, directed and any person in that vehicle.