Victorian Consolidated Legislation

Crimes Act 1958 - SECT 70AA

Forfeiture

70AA. Forfeiture



(1) If a person is charged with an offence against section 68, 69 or 70 and
the court is satisfied that the person committed the offence, the court may
order that the child pornography in respect of which the offence was committed
is forfeited to the Crown.

(2) If, despite the acquittal of a person charged with an offence against
section 68, 69 or 70, the court is satisfied that an offence has been
committed in respect of the child pornography, the court may order that the
child pornography is forfeited to the Crown.

(3) If a film, photograph, publication or computer game has been lawfully
seized under this Subdivision by a member of the police force but at the
expiration of 6 months after the seizure no person has been charged with an
offence in relation to the seized item, a member of the police force may apply
to the Magistrates' Court for an order that the film, photograph, publication
or computer game is child pornography and is forfeited to the Crown.

(4) The owner of a film, photograph, publication or computer game that has
been lawfully seized by a member of the police force may apply within 28 days
after the seizure to the Magistrates' Court for the return of the film,
photograph, publication or computer game.

(5) An application under subsection (4) may be made after 28 days after the
seizure if the Magistrates' Court is satisfied that the applicant has a
reasonable excuse for failing to make the application within the period
referred to in subsection (4).

(6) On an application under subsection (4), if the Magistrates' Court is
satisfied that-

   (a)  the applicant is the owner of the film, photograph, publication or
        computer game; and

   (b)  the film, photograph, publication or computer game is not child
        pornography-

the Court must order that, at the expiration of 6 months, after the seizure,
the film, photograph, publication or computer game be returned to the
applicant unless the applicant or another person has been charged with an
offence in relation to the film, photograph, publication or computer game.

(7) Subject to subsection (8), child pornography which is forfeited under this
section may be destroyed or otherwise dealt with as directed by the Minister.

(8) The Minister must not direct the destruction of child pornography before
the expiration of the time allowed for instituting an appeal against the order
or, if an appeal is lodged within that time, before the determination of the
appeal.

(9) Nothing in this section limits the right of the Director of Public
Prosecutions or any other person to apply for an order under the
Confiscation Act 1997.

(14) Sexual performances involving a minor