Victorian Numbered Acts Victorian Numbered Acts(1) If a court—
(a) finds a person guilty of an offence against this Act; or
(b) finds a person not guilty of an offence against this Act because of mental impairment—
the graffiti implement to which the offence relates is forfeited to the Crown and may be sold or destroyed, unless the court orders that it be returned to the person.
(2) If a person is served with an infringement notice for an offence against section 7(1) and—
(a) the person pays the infringement penalty in full under the Infringements Act 2006 or otherwise; or
(b) the person commences to pay the infringement penalty by payment plan under section 48 of the Infringements Act 2006 ; or
(c) the infringement notice is withdrawn under section 18 of the Infringements Act 2006 and an official warning is served on the person in accordance with section 8 of that Act; or
(d) an enforcement order under section 59 of the Infringements Act 2006 or under Schedule 3 to the Children, Youth and Families Act 2005 is made in relation to the infringement offence and any action is taken to enforce that enforcement order—
the graffiti implement to which the offence relates is forfeited to the Crown and may be sold or destroyed.
(3) A graffiti implement forfeited under subsection (1) must not be sold or destroyed until the period for an appeal has expired or, if an appeal has been lodged, the appeal has been dismissed.