CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 80B
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 80B
80B—Forfeiture of other seized films, publications and computer games
(1) Subject to the
making of an order under this section, if—
(a)
proceedings are commenced for prescribed offences relating to 10 or more
different products; and
(b) the
products were seized on the same day from the same premises,
any other products seized on that day from those premises may be retained by
the Crown and, if 10 or more different products are forfeited to the Crown as
a result of those proceedings, all of the other products not the subject of
those proceedings are, at the expiry of the prescribed period, also forfeited
to the Crown.
(2) The owner of any
products liable to forfeiture under this section (or the owner's legal
representative) must, on making a written request to the Commissioner of
Police within two months after the prescribed date, be allowed to view the
products at a time and place fixed by the Commissioner of Police.
(3) The owner of any
products liable to forfeiture under this section may, within the
prescribed period, apply to the Magistrates Court for an order for return of
the products.
(4) An applicant for
an order under this section must give notice of the application to the
Commissioner of Police.
(5) The Commissioner
of Police is a party to any proceedings for an order under this section.
(6) If an application
is made for an order under this section, the products may be retained by the
Crown until the application is determined but in all other respects the
operation of subsection (1) is suspended until the application is
determined.
(7) The Magistrates
Court may, on an application under this section, order that a product to which
the application relates be returned to its owner if satisfied, on the balance
of probabilities—
(a) that
the product—
(i)
in the case of a film—is classified with a
classification other than X 18+ or RC; or
(ii)
in the case of a publication—is not a submittable
publication or is classified with a classification other than RC; or
(iii)
in the case of a computer game—is classified with a
classification other than RC; or
(b) that
a prescribed offence was not committed in relation to the product.
(8) In this
section—
"prescribed date" means the date on which a conviction is recorded, or an
order made, as a result of which the total number forfeited of the products
seized on the same day from the same premises first equals or exceeds 10;
"prescribed offence" means an offence against section 38, 45, 46, 48(2),
53, 56(1) or 65;
"prescribed period" means two months after the prescribed date or, if the
owner of the products (or the owner's legal representative) requests that he
or she be allowed to view the products, two months from the time fixed by the
Commissioner of Police for the viewing;
"products" means copies of films, publications or computer games, and includes
a combination of such products.
(9) For the purposes
of this section, copies of a film, publication or computer game do not
constitute different products.