SURVEILLANCE DEVICES ACT 2007 - SECT 58 Orders for forfeiture

SURVEILLANCE DEVICES ACT 2007 - SECT 58

58 Orders for forfeiture

(1) Where a court has convicted a person of an offence against this Act or the regulations, it may, in addition to any penalty it may impose, make either or both of the following orders--

(a) an order that any surveillance device used in the commission of the offence be forfeited to the State or destroyed,

(b) an order that any record of a private conversation or activity--

(i) to which the offence relates, or

(ii) which was obtained by the use of a surveillance device to which the offence relates,

be forfeited to the State or destroyed.

(2) Before making an order under subsection (1), the court may require notice to be given to, and may hear, such persons as 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) Where an order is made under subsection (1) that a surveillance device or record be forfeited to the State or destroyed, any police officer may seize the surveillance device or record for the purpose of giving effect to the order.

(5) A surveillance device or record forfeited to the State may be disposed of in accordance with the directions of the Commissioner of Police.