Victorian Current Acts Victorian Current Acts(1) If a person is charged with an offence in relation to—
S. 75(1)(a) amended by No. 6/2005 s. 7(h).
(a) a film classified RC or X 18+; or
(b) a publication or computer game classified RC; or
(c) an objectionable film or objectionable publication—
and the court is satisfied that the person committed the offence, the court may order that the film, publication or computer game is forfeited to the Crown.
(2) If, despite the acquittal of a person charged with an offence referred to in subsection (1), the court is satisfied that an offence has been committed in relation to the film, publication or computer game, the court may order that the film, publication or computer game is forfeited to the Crown.
S. 75(3) amended by Nos 60/1998
s. 12(1)(a), 37/2014 s. 10(Sch. item 19.13(a)).
(3) If—
S. 75(3)(a) amended by No. 6/2005 s. 7(h).
(a) a film classified RC or X 18+; or
(b) a publication or computer game classified RC; or
(c) an objectionable film or objectionable publication—
has been lawfully seized by a police officer but at the expiration of 12 months after the seizure no person has been charged with an offence in relation to the seized item, the film, publication or computer game is forfeited to the Crown.
S. 75(3A) inserted by No. 60/1998
s. 12(2), amended by No. 37/2014 s. 10(Sch. item 19.13(b)).
(3A) If a film, publication or computer game, other than one referred to in subsection (3)(a), (b) or (c), has been lawfully seized by a police officer and the police officer believes on reasonable grounds that a person, other than a person charged with an offence in relation to the seized item, is the owner of the seized item, the police officer must give notice in writing to the person of—
(a) the date and place of seizure; and
(b) the nature of the seized item.
S. 75(3B) inserted by No. 60/1998
s. 12(2).
(3B) A person to whom notice is given under subsection (3A) may apply within 60 days after the notice to the Magistrates' Court for the return of the film, publication or computer game.
S. 75(4) amended by Nos 60/1998
s. 12(1)(b), 37/2014 s. 10(Sch. item 19.13(c)).
(4) The owner of a film, publication or computer game that has been lawfully seized by a police officer may apply within 60 days of the seizure to the Magistrates' Court for the return of the film, publication or computer game.
S. 75(4A) inserted by No. 60/1998
s. 12(3).
(4A) An applicant under subsection (4) must give notice in writing of the application to the Chief Commissioner of Police containing—
(a) the name and address of the applicant; and
(b) the address of the premises from which the film, publication or computer game was seized; and
(c) the date of seizure; and
(d) the nature of the seized item the return of which is sought.
S. 75(5) amended by No. 60/1998
s. 12(1)(c)(i)(ii).
(5) On an application under subsection (3B) or (4), if the Magistrates' Court is satisfied that the applicant is the owner of the film, publication or computer game, the Court must order that, at the expiration of 12 months after the seizure, the film, publication or computer game be returned to the applicant unless the applicant has been charged with an offence in relation to the film, publication or computer game.
S. 75(6) amended by No. 60/1998
s. 12(4).
(6) Subject to subsection (7), 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, if a court orders the forfeiture, as directed by the court.
S. 75(7) inserted by No. 60/1998
s. 12(5).
(7) The Minister or court must not direct the destruction of a film, publication or computer game 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.
S. 75A (Heading) inserted by No. 6/2005 s. 8(1).
S. 75A inserted by No. 60/1998
s. 13.