(1)  A person who has in his or her possession a prohibited visual recording having reason to believe it to be a prohibited visual recording is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(1A)  If a police officer has reasonable grounds to believe that a person is contravening subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any prohibited visual recording found on that person or any item or instrument found on that person that the police officer considers could be used for storing a prohibited visual recording.

(1B)  The court may, if it considers any prohibited visual recording that was seized under subsection (1A)(b) may have been used during the commission of an offence against subsection (1) , order that the prohibited visual recording be forfeited to the Crown.

(1C)  The court may make an order under subsection (1B) whether or not the person is convicted of an offence against subsection (1) .

(1D)  On conviction of a person of an offence against subsection (1) , any prohibited visual recording seized under subsection (1A)(b) is forfeited to the Crown.

(2)  In this section –

prohibited visual recording has the same meaning as in section 13B .