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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.