Australian Capital Territory Consolidated Acts

LISTENING DEVICES ACT 1992 - SECT 12

    (1)     If a court has convicted a person of an offence against this Act, it may, in addition to any penalty it may impose, order—

        (a)     that any listening device used in connection with the offence be forfeited to the Territory or destroyed; and

        (b)     that any record of a private conversation—

              (i)     to which the offence relates; or

              (ii)     that was obtained, directly or indirectly, by the use of a listening device in connection with the offence;

be forfeited to the Territory or destroyed.

    (2)     Before making an order under subsection (1), the court may require notice to be given to, and may hear, the persons that the court thinks fit.

    (3)     Without affecting any other right of appeal, an order under subsection (1) is appellable in the same manner as if it were, or were part of, a sentence imposed in respect of the offence.

    (4)     If an order is made under subsection (1) in relation to a listening device or record, a police officer may seize the device or record for the purpose of giving effect to the order.