Northern Territory Numbered Acts

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SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 73

Forfeiture orders

    (1)     If a person (the "offender") is found guilty of an offence against this Act, the court may make either or both of the following orders (each a "forfeiture order"):

    (a)     an order that any surveillance device or connection device used in connection with the commission of the offence is forfeited to the Territory;

    (b)     an order that a report or record of information obtained by the use of a surveillance device relating to the offence is forfeited to the Territory.

    (2)     Before making a forfeiture order under subsection (1)(a), the court may give notice to, and hear, the persons it considers appropriate.

    (3)     A forfeiture order is in addition to a penalty imposed on the offender.

    (4)     When imposing a penalty on the offender, the court must not take into account its power to make a forfeiture order.

    (5)     On the making of a forfeiture order, a law enforcement officer may seize the device to which the offence relates.

    (6)     For seizing the device, the law enforcement officer may, with the help, and using the force, that is reasonable in the circumstances:

    (a)     enter a place the officer reasonably believes the device may be found; and

    (b)     remain on the place for as long as reasonably required to search the place.



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