Powers of entry, seizure and forfeiture
80 Powers of entry, seizure and forfeiture
A member of the police force, or a person authorised in writing by the
Minister, may, without charge, enter a public place at which the member or person believes on reasonable grounds that a film is being, or is about to be, exhibited.
A member of the police force may enter a place that the member believes on reasonable grounds is being used for or in connection with the sale, copying for sale or publication of publications, films or computer games.
A member of the police force may seize any publication, film, computer game or other thing that the member believes on reasonable grounds affords evidence of, or has been, is being or is about to be, used in the commission of an offence against this Act or an offence relating to obscenity, indecency or offensive material.
Subject to subsection (4a), a court convicting a person of an offence against this Act or an offence relating to obscenity, indecency or offensive material may order that anything seized under this section be forfeited to the
Crown.
If—
a film, publication or computer game is seized under this section; and
a person is convicted of a relevant offence in relation to the film, publication or computer game, the film, publication or computer game is forfeited to the Crown on conviction.
A person must not hinder or obstruct a member of the police force, or a person authorised in writing by the Minister, in the exercise of a power under this section.
Maximum penalty: $5 000.
This section does not limit the powers that a member of the police force may exercise under the Summary
Offences Act 1953.
In this section—
relevant offence means an offence against section 30,
34(1), 38,
40A, 42(1),
44(1), 45,
46(1), 48(2),
51(1), 52(1),
53(1), 56,
59, 60A,
62(1), 64(1),
65 or 69A.
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