AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 13B

Publishing or distributing prohibited visual recording

(1)  A person who publishes or distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without lawful and reasonable excuse (proof of which lies on the first-mentioned person), 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 or has contravened 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, item or instrument found on that person that the police officer considers could be used for publishing or distributing contrary to subsection (1) .
(1B)  The court may, if it considers any prohibited visual recording, item or instrument 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, item or instrument 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, item or instrument seized under subsection (1A)(b) is forfeited to the Crown.
(2)  In this section –
distribute includes –
(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and
(b) make available for access by someone, whether by a particular person or not; and
(c) enter into an agreement or arrangement to do anything mentioned in paragraph (a) or (b) ; and
(d) attempt to distribute;
genital or anal region , of a person, has the same meaning as in section 13A ;
prohibited visual recording of another person means –
(a) a visual recording of the person in a private place or engaging in a private act made in circumstances where a reasonable adult would expect to be afforded privacy; or
(b) a visual recording of the person's genital or anal region, when it is covered only by underwear or bare, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.



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