Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 47A

47A Forfeiture of thing used to record, store or transmit image of graffiti

(1) This section applies if—

(a) a person is convicted of an offence of possessing a graffiti instrument against section 17 ; and

(b) the person was an adult at the time of the commission of the offence; and

(c) the court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the graffiti in relation to which the graffiti instrument was used, reasonably suspected of being used, or reasonably suspected of being about to be used.

Example of a thing used to record, store or transmit an image—

a camera, mobile phone or computer

(2) When the court is imposing a sentence on the person for the offence, the court may order the thing be forfeited to the State.

(3) Subsection (2) applies whether the thing to be forfeited has been seized or is in its owner’s possession.

(4) The court may also make any order that it considers appropriate to enforce the forfeiture.

(5) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 , the Criminal Proceeds Confiscation Act 2002 or another law.

(6) When forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.