7ALoitering near children

7A Loitering near children

[Section 7A Inserted by No. 47 of 2000, s. 5, Applied:14 Jul 2000]

(1)  For the purposes of this section, a person loiters near children if the person loiters at, or in the vicinity of –

(a) a school; or

(b) any of the following, while children are present:

(i) a public toilet;

(ii) a playground;

(iii) a swimming pool;

(iv) a games arcade;

(v) any other place at which children are commonly present.

(2)  A person who has been found guilty of a sexual offence must not, without reasonable excuse, loiter near children.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  [Section 7A Subsection (3) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening subsection (2) , 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 implement or item found on that person that the police officer considers may have been used during the commission of the offence.

(4)  [Section 7A Subsection (4) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] The court may, if it considers any implement or item that was seized under subsection (3)(b) may have been used during the commission of an offence against subsection (2) , order that the implement or item be forfeited to the Crown.

(5)  [Section 7A Subsection (5) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] The court may make an order against whether or not the person is convicted of an offence against .