An officer may direct a person, including a passenger disembarking from, or embarking on, a ship or aircraft -
(a) to use:
(i) a camera or sound recorder; or
(ii) a mobile phone or other electronic form of communication;
at a place in relation to which a sign is displayed under subsection 234AA(2) ; or
(b) not to operate a camera, or use an appliance to record or transmit sound, at a place (being a place that is part of a ship, of an aircraft or of a wharf) at a time when the personal baggage of passengers or crew disembarking from, or embarking on, a ship or aircraft, is being examined, for the purposes of this Act, at or in the vicinity of that place.
Where an officer gives to a person a direction under subsection (1), the officer shall inform that person that failure to comply with that direction is an offence under this Act. 234AB(3)
A person shall not fail to comply with a direction given to that person by an officer in accordance with subsection (1).
Penalty: 30 penalty units.
Subsection (3) does not apply if the person has a reasonable excuse.
Subsection (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
In any proceedings for the prosecution of a person for an offence against subsection (3), evidence that a sign indicating that the use of:
(a) cameras or sound recorders; or
(b) mobile phones or other electronic forms of communication;
at a place is prohibited by this Act was displayed at or near that place is prima facie evidence that the sign was so displayed in accordance with subsection 234AA(2) .
In this section " camera " includes any device for making or transmitting, or designed for use in the making or transmission of, images of objects. 234AB(6)
For the purposes of this section, a person shall be taken to use an appliance to transmit sound at a place if, and only if, the person uses the appliance to transmit sound, other than sound coming from the appliance, from the place to another place.