Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 80 - Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

Subdivision CA - Publicly displaying, and trading in, prohibited symbols and giving Nazi salute  

SECTION 80.2N   Seizing things displaying prohibited symbols in public  

(1)    
A police officer may seize a thing in accordance with this section if the thing is, depicts or contains a prohibited symbol that is displayed in a public place.

Seizing the thing

(2)    
A police officer may seize the thing, for the purpose of preventing the commission or continuation of an offence under subsection 80.2H or 80.2HA , if the police officer has a reasonable suspicion covered by subsection 80.2K(2) , (3) or (6) in relation to display of the prohibited symbol.

Note 1:

Sections 80.2H and 80.2HA relate to the public display of prohibited Nazi symbols and prohibited organisation symbols.

Note 2:

The police officer may also give a direction under section 80.2K in relation to the display of the prohibited symbol.

(3)    
In seizing the thing, the police officer:

(a)    may use such force or assistance as the police officer considers reasonably necessary; and

(b)    may seize the thing only when it actually is in a public place; and

(c)    must not damage the thing unless it is reasonably necessary for the seizure.

Return of seized things

(4)    
The person from whom the thing was seized, or the owner of the thing, may apply:

(a)    if the thing was seized by a police officer to whom paragraph (a) or (b) of the definition of police officer in subsection (7) applies - to such a police officer; or

(b)    if the thing was seized by a member (however described) of the police force of a State or Territory - to a police officer who is a member (however described) of the police force of that State or Territory;

for the return of the thing.

(5)    
On application by a person in accordance with subsection (4) , the police officer must return the thing to the person, unless the officer is satisfied that:

(a)    the thing must be retained to prevent the commission or continuation of an offence under section 80.2H or 80.2HA ; or

(b)    retention of the thing is necessary for evidentiary purposes.

(6)    
If no application for the return of the thing is made within 90 days of the day the thing was seized, a police officer who has custody of the thing may destroy or otherwise dispose of the thing.

Definitions

(7)    
In this section:

police officer
means:

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

(b) a special member of the Australian Federal Police (within the meaning of that Act); or

(c) a member (however described) of a police force of a State or Territory.