Police officer may seize property bearing insignia of Part 5B organisation
124ZW Police officer may seize property bearing insignia of Part 5B organisation
A police officer may seize a thing if—
the police officer reasonably believes that a person is committing or has committed an offence against section 124ZN by publicly displaying a mark that the thing bears; and
that public display is still occurring (whether or not it ceased for any period of time); and
the thing is located at a public place; and
if the thing is being carried or attended by a person, the police officer has, immediately before seizing the thing—
informed the person that the officer believes that the person is committing an offence against section 124ZN; and
informed the person that the officer has power to seize the thing and intends to do so; and
informed the person that reasonable force may be used to assist in the seizure; and
asked the person to hand the thing over.
If it is necessary for a police officer to use reasonable force to seize the thing, the police officer may do so.
If the person hands the thing over when asked to do so under subsection (1)(d)(iv), the thing is taken to have been seized under subsection (1).
Nothing in this section authorises the police officer to search a person.
S. 124ZX inserted by No. 37/2024 s. 93.
This Act’s bill:Explanatory memorandumSecond reading speech
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