Removal of articles from places open to the public
78 Removal of articles from places open to the public
S. 78 substituted by No. 8425 s. 2(1)(b).
Subject to subsections (2) and (3), where the public have access to a building in order to view the building or part of it, or a collection or part of a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to the public in the building or that part of it or in its grounds shall be guilty of an offence.
For this purpose collection includes a collection got together for a temporary purpose, but references in this section to a collection do not apply to a collection made or exhibited for the purpose of effecting sales or other commercial dealings.
It is immaterial for purposes of subsection (1) that the public's access to a building is limited to a particular period or particular occasion; but where anything removed from a building or its grounds is there otherwise than as forming part of, or being on loan for exhibition with, a collection intended for permanent exhibition to the public, the person removing it does not thereby commit an offence under this section unless he removes it on a day when the public have access to the building as mentioned in subsection (1).
A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it.
S. 78(4) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 43), 48/1997 s. 60(1)(Sch. 1 item 57).
A person guilty of an offence under this section is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
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