Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 7B

Possession of implement or instrument
(1)  A person must not have in his or her possession without lawful excuse any implement or instrument with intent to commit a crime or an offence.
(2)  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 implement or instrument found on that person that the police officer considers could be used to commit a crime or an offence.
(3)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.
(4)  On conviction of a person of an offence against subsection (3) any implement or instrument seized under subsection (2) is forfeited to the Crown.
(5)  In proving under this section an intent to commit a crime or an offence, it is not necessary to show that the person charged was guilty of any particular act tending to show his or her intent and he or she may be convicted if, from the circumstances of the case and for his or her known character as proved to the court before which he or she is charged, it appears to the court that his or her intent was to commit a crime or an offence.



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