sec.40Seizure of document wrongly used as evidence of age

sec.40 Seizure of document wrongly used as evidence of age

If a document is shown to a person and the person believes, on reasonable grounds, that the document has been used by someone else in contravention of section 38 (2) or (3) , the person may seize the document. The person must give the seized document to an investigator within 3 days of the seizure or, if that is not reasonably practicable, must notify an investigator about the seizure within the 3 day period. Maximum penalty—25 penalty units. Nothing in this section authorises a person to seize a digital device if— the device is used in the contravention of section 38 (2) or (3) ; and in contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. In this section— digital authority see the Transport Planning and Coordination Act 1994 , section 29AC . digital device see the Transport Planning and Coordination Act 1994 , section 29AB . digital evidence of age see the Transport Planning and Coordination Act 1994 , section 29AD . digital evidence of identity see the Transport Planning and Coordination Act 1994 , section 29AE . s 40 amd 2020 No. 21 s 70 (sec.40-ssec.1) If a document is shown to a person and the person believes, on reasonable grounds, that the document has been used by someone else in contravention of section 38 (2) or (3) , the person may seize the document. (sec.40-ssec.2) The person must give the seized document to an investigator within 3 days of the seizure or, if that is not reasonably practicable, must notify an investigator about the seizure within the 3 day period. Maximum penalty—25 penalty units. (sec.40-ssec.3) Nothing in this section authorises a person to seize a digital device if— the device is used in the contravention of section 38 (2) or (3) ; and in contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. (sec.40-ssec.4) In this section— digital authority see the Transport Planning and Coordination Act 1994 , section 29AC . digital device see the Transport Planning and Coordination Act 1994 , section 29AB . digital evidence of age see the Transport Planning and Coordination Act 1994 , section 29AD . digital evidence of identity see the Transport Planning and Coordination Act 1994 , section 29AE .

• (a) the device is used in the contravention of section 38 (2) or (3) ; and
• (b) in contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing— (i) a digital authority; (ii) a digital evidence of age; (iii) a digital evidence of identity.