(1) The Criminal Code
section 731 applies where a court convicts a person of an offence under this
Act, as if the conviction were a penalty under The Criminal Code .
(2) For the purposes
of subsection (1) “any thing that was used in or in connection with the
commission of the offence” includes a thing that was intended to be
used, and includes —
(a) a
graffiti implement; and
(b)
anything used by the offender to record, store or transmit images of the
graffiti caused by the offender.
(3) The order may
include provision for the seizure of a thing or other action required to
enforce that forfeiture.
(4) In addition to The
Criminal Code section 731(2), a court must not make an order for the
forfeiture of any thing under subsection (1) unless the prosecutor applies for
the order.