Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 75

Forfeiture

75. Forfeiture



(1) If a person is charged with an offence in relation to-

   (a)  a film classified RC or X 18+; or





   (b)  a publication or computer game classified RC; or

   (c)  an objectionable film or objectionable publication-

and the court is satisfied that the person committed the offence, the court
may order that the film, publication or computer game is forfeited to the
Crown.

(2) If, despite the acquittal of a person charged with an offence referred to
in subsection (1), the court is satisfied that an offence has been committed
in relation to the film, publication or computer game, the court may order
that the film, publication or computer game is forfeited to the Crown.





(3) If-





   (a)  a film classified RC or X 18+; or





   (b)  a publication or computer game classified RC; or

   (c)  an objectionable film or objectionable publication-

has been lawfully seized by a member of the police force but at the expiration
of 12 months after the seizure no person has been charged with an offence in
relation to the seized item, the film, publication or computer game is
forfeited to the Crown.

(3A) If a film, publication or computer game, other than one referred to in
subsection (3)(a), (b) or (c), has been lawfully seized by a member of the
police force and the member believes on reasonable grounds that a person,
other than a person charged with an offence in relation to the seized item, is
the owner of the seized item, the member must give notice in writing to the
person of-

   (a)  the date and place of seizure; and

   (b)  the nature of the seized item.

(3B) A person to whom notice is given under subsection (3A) may apply within
60 days after the notice to the Magistrates' Court for the return of the film,
publication or computer game.





(4) The owner of a film, publication or computer game that has been lawfully
seized by a member of the police force may apply within 60 days of the seizure
to the Magistrates' Court for the return of the film, publication or computer
game.

(4A) An applicant under subsection (4) must give notice in writing of the
application to the Chief Commissioner of Police containing-

   (a)  the name and address of the applicant; and

   (b)  the address of the premises from which the film, publication or
        computer game was seized; and

   (c)  the date of seizure; and

   (d)  the nature of the seized item the return of which is sought.

(5) On an application under subsection (3B) or (4), if the Magistrates' Court
is satisfied that the applicant is the owner of the film, publication or
computer game, the Court must order that, at the expiration of 12 months after
the seizure, the film, publication or computer game be returned to the
applicant unless the applicant has been charged with an offence in relation to
the film, publication or computer game.

(6) Subject to subsection (7), a film, publication or computer game which is
forfeited under this section may be destroyed or otherwise dealt with as
directed by the Minister or, if a court orders the forfeiture, as directed by
the court.

(7) The Minister or court must not direct the destruction of a film,
publication or computer game 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.