Victorian Consolidated Legislation

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

Forfeiture-commercial quantity etc.

75A. Forfeiture-commercial quantity etc.



(1) If a person is found guilty of an offence in relation to a commercial
quantity of films, publications or computer games, any other film, publication
or computer game that was seized at the same time from the same premises as
the commercial quantity is forfeited to the Crown at the expiry of 30 days
after the finding of guilt unless the Magistrates' Court makes an order under
subsection (4).

(1A) If a person is found guilty of one or more offences against this Act,
regardless of the number of charges filed, in relation to 10 or more-

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

   (b)  publications or computer games classified RC; or

   (c)  objectionable films or objectionable publications-

any other film, publication or computer game that was seized at the same time
from the same premises as the items referred to in paragraph (a), (b) or (c)
is forfeited to the Crown at the expiry of 30 days after the finding of guilt
unless the Magistrates' Court makes an order under subsection (4).

(2) If an application for an order under subsection (4) is made within the
period of 30 days referred to in subsection (1) or (1A), the operation of
subsection (1) or (1A) is suspended until the application is determined.

(3) An applicant for an order under subsection (4) must give notice of the
application to the Chief Commissioner of Police.

(4) If the Magistrates' Court is satisfied that-

   (a)  the applicant is the owner of a film, publication or computer game
        seized at the same time from the same premises as a commercial
        quantity or the items referred to in paragraph (a), (b) or (c) of
        subsection (1A), as the case may be; and

   (b)  the seized item is classified with a classification other than RC or,
        in the case of a film, RC or X 18+-

the Magistrates' Court may make an order that the item be returned to the
applicant and that the applicant's costs (including costs of classification)
be paid by the Chief Commissioner.

(5) Subject to subsection (6), 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 the Magistrates' Court.

(6) The Minister or court must not direct the destruction of a film,
publication or computer game before the expiry of the time allowed for
instituting an appeal against a refusal to make an order under subsection (4)
or, if an appeal is lodged within that time, before the determination of the
appeal.

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