Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A court convicting
a person of an offence under this Act may order the forfeiture to the
Crown of —
(a) any
thing used to commit the offence; and
(b) any
other thing, the subject of the offence.
(2) The court may make
an order under subsection (1) —
(a)
whether or not the thing has been seized; and
(b) if
the thing has been seized — whether or not the thing has been
returned to its owner.
(2a) If —
(a) a
film classified RC or X 18+;
(b) a
publication or computer game classified RC; or
(c)
child pornography, or an article highly likely to be, or highly likely to
contain, child pornography,
has been lawfully
seized but at the expiration of 12 months after the seizure no person has
been charged with an offence in relation to the seized thing, the thing is
forfeited to the Crown.
(3) If a thing, other
than a thing referred to in subsection (2a)(a), (b) or (c) or
section 117A(1), has been lawfully seized but no person has been charged
with an offence in respect of the thing an authorised person or a member of
the police force must apply, within 60 days after the seizure, to a
justice for the issue of a summons under subsection (4).
(4) On an application
under subsection (3), the justice must issue a summons requiring the
occupier of the place from which, or the person from whom, the thing was
seized, or both, to show cause to the Magistrates Court why the thing should
not be forfeited to the Crown.
(5) The court may
permit a person who claims to be the author, publisher, printer, manufacturer
or owner of the publication, film or computer game seized to appear in the
proceeding, whether a notice has been given to the person or not.
(6) On the hearing of
a summons —
(a) if
the court is satisfied that —
(i)
an offence against this Act has been committed in
respect of the thing; and
(ii)
it is desirable that the thing be forfeited,
the court must order
that the thing is forfeited to the Crown;
(b) if
the court is not so satisfied, it must order that the thing be delivered to
the person apparently entitled to possession immediately before the thing was
seized; or
(c) if
the court is satisfied that it is appropriate for a member of the police force
to be given more time to investigate or analyse evidence relating to the
seized thing, the court may order that the thing be held in the custody of the
member of the police force for such further period as the court thinks fit.
(7) Subject to
subsection (8) a thing that is forfeited to the Crown under this Act may
be destroyed or otherwise dealt with as instructed by the Registrar.
(8) Where a thing is
ordered to be forfeited to the Crown under this section, the Registrar must
not direct the destruction of that thing 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) In this
section —
lawfully seized means lawfully seized in relation
to an alleged offence under this Act.
[Section 117 amended by No. 30 of 2003
s. 32 and 39; No. 59 of 2004 s. 141; No. 10 of 2006
s. 7 and 33.]