112Forfeiture

112 Forfeiture (1) If a person is charged with an offence against this Act and the Local Court is satisfied that the person committed the offence, the Local Court may order that the film, publication, computer game or sexual article to which the offence relates is forfeited to the Territory. (2) If a film, publication, computer game or sexual article has been lawfully seized by a police officer but no person has been charged with an offence in respect of it, a police officer must apply, within 60 days after the seizure, to the Local Court for the issue of a summons under subsection (3). (3) On an application under subsection (2), the Local Court must issue a summons requiring the occupier of the place from which or the person from whom, the film, publication, computer game or sexual article was seized, or both, to show cause why it should not be forfeited to the Territory. (4) If the Local Court issues a summons, it must cause notice of the proceeding to be given, if practicable, to each person whose name appears on the film, publication, computer game or sexual article as its author, publisher, printer, manufacturer or owner. (5) The Local Court may permit a person who claims to be the author, publisher, printer, manufacturer or owner of the film, publication, computer game or sexual article seized to appear in the proceeding, whether a notice has been given to the person or not.

Classification of Publications, Films and Computer Games Act 1985 58 (6) On the hearing of a summons: (a) if the Local Court is satisfied that: (i) an offence against this Act has been committed in respect of the film, publication, computer game or sexual article; and (ii) it is desirable that the film, publication, computer game or sexual article be forfeited to the Territory; it must so order the forfeiture; or (b) if the Local Court is not so satisfied, it must order that the film, publication, computer game or sexual article be delivered to the person apparently entitled to possession immediately before its seizure. (7) Subject to subsection (8), a film, publication, computer game or sexual article forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister. (8) The Minister must not direct the destruction of a film, publication, computer game or sexual article 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. (9) The jurisdiction conferred on the Local Court under this section is part of the Court's criminal jurisdiction.