Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a court has
convicted a person of an offence against this Act, the court may in addition
to any penalty it may impose make either or both of the following
orders —
(a) an
order that any surveillance device or connected device used in connection with
or for the purposes of the commission of the offence be forfeited to the
State;
(b) an
order that any report or record of a private conversation or record of a
private activity to which the offence relates and which was obtained by the
use of a surveillance device to which the offence relates be forfeited to the
State.
(2) Before making an
order under this section, the court may require that notice be given to, and
may hear, such persons as the court thinks fit.
(3) Where an order of
forfeiture is made under this section any member of the police force of the
State, any officer of the Corruption and Crime Commission, any officer of a
designated Commission or any member of the staff of the Australian Crime
Commission may seize the item forfeited for the purpose of giving effect to
the order and for that purpose may enter any premises, by force if necessary.
(4) The existence or
nature of a forfeiture order or the possibility or likelihood of a forfeiture
order must not be taken into account by a court when imposing a penalty other
than forfeiture for a contravention of this Act.
[Section 40 amended by No. 78 of 2003 s. 74;
No. 74 of 2004 s. 72(3); No. 30 of 2006 s. 25.]