Police Offences Act 1935

For the purposes of this section, a person loiters near children if the person loiters at, or in the vicinity of – a school; or any of the following, while children are present:a public toilet; a playground; a swimming pool; a games arcade; any other place at which children are commonly present.

A person who has been found guilty of a sexual offence must not, without reasonable excuse, loiter near children. Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

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 – detain and search that person; and seize any implement or item found on that person that the police officer considers may have been used during the commission of the offence.

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.

The court may make an order against subsection (4) whether or not the person is convicted of an offence against subsection (2).

On conviction of a person of an offence against subsection (2), any implement or item seized under subsection (3)(b) is forfeited to the Crown.