7BPossession of implement or instrument

### 7B Possession of implement or instrument > [*\[Section 7B Inserted by No. 15 of 2014, s. 7, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS7@EN) > > > (1)  A person must not have in his or her possession without lawful excuse any implement or instrument with intent to commit a crime or an offence. > > > (2)  If a police officer has reasonable grounds to believe that a person is contravening [subsection (1)](#GS7B@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 implement or instrument found on that person that the police officer considers could be used to commit a crime or an offence. > > > (3)  [*\[Section 7B Subsection (3) amended by No. 27 of 2020, s. 25, Applied:01 Jul 2021\]*](/view/html/inforce/2021-07-01/act-2020-027#GS25@Hpb@EN) [*\[Section 7B Subsection (3) amended by No. 27 of 2020, s. 25, Applied:01 Jul 2021\]*](/view/html/inforce/2021-07-01/act-2020-027#GS25@Hpa@EN) A person who contravenes [subsection (1)](#GS7B@Gs1@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years. > > > (4)  On conviction of a person of an offence against [subsection (3)](#GS7B@Gs3@EN) any implement or instrument seized under [subsection (2)](#GS7B@Gs2@EN) is forfeited to the Crown. > > > (5)  In proving under this section an intent to commit a crime or an offence, it is not necessary to show that the person charged was guilty of any particular act tending to show his or her intent and he or she may be convicted if, from the circumstances of the case and for his or her known character as proved to the court before which he or she is charged, it appears to the court that his or her intent was to commit a crime or an offence.