CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54ZB Destruction of seized films or computer games

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54ZB

    (1)     The commissioner must destroy a seized film or computer game if, following the issue of a notice under section 54Z (2)—

        (a)     the person from whom the film or computer game was seized does not satisfy the commissioner, on reasonable grounds in accordance with the invitation in the notice, that the film or computer game is classified; and

        (b)     either—

              (i)     a proceeding in relation to a defined offence has not been started at the end of the defined period after the date of seizure; or

              (ii)     if such a proceeding has been started within that period—the proceeding has been decided (whether before or after the end of that period) and no offence has been found proved in relation to the film or computer game.

    (2)     The commissioner must destroy a seized film if—

        (a)     the person from whom the film was seized is a licensee; and

        (b)     the licence is cancelled on the ground mentioned in section 54N (1) (c) in relation to the film.

    (3)     The commissioner must destroy a seized film or computer game if a defined offence in relation to the film or computer game is proved.

    (4)     Despite subsections (1), (2) and (3), the commissioner may retain a seized film or computer game for the purposes of the administration of this Act for the period as the commissioner considers, on reasonable grounds, to be necessary or desirable for those purposes.

    (5)     In this section:

"licence"—see section 54A.