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Act index » Part I - Provisions applicable throughout Victoria » Division 4D - Public display of symbol of terrorist organisation
41S Seizure of thing bearing a terrorist organisation symbol
(1)A police officer may seize a thing that is being displayed if—
(a)the display—
(i)is occurring in a public place, a non-Government school or a post-secondary education institution; or
(ii)is occurring in sight of a person who is in a public place, a non-Government school or a post-secondary education institution; and
(b)the police officer believes on reasonable grounds that an offence against section 41Q(1) is being committed by that display; and
(c)if the thing is being carried or attended by a person—
(i)the police officer has informed that person that the police officer holds the belief referred to in paragraph (b); and
(ii)the police officer has asked the person who possesses the thing to hand it over; and
(iii)the police officer has warned the person that the police officer may seize the thing and may use reasonable force to do so.
(2)If it is necessary for a police officer to use reasonable force to seize the thing, the police officer may do so.
(3)If the person hands the thing over when asked to do so under subsection (1)(c)(ii), the thing is taken to have been seized under subsection (1).
(4)Nothing in this section authorises the police officer to search a person.
Sections 60B to 60E relate to the collection or forfeiture of things seized under this section.