54ZNotice

54Z Notice (1) This section applies to a seized film or computer game if the commissioner is not satisfied, on reasonable grounds, that the film or computer game is classified. (2) If this section applies to a seized film or computer game, the commissioner must give a written notice to the person from whom the film or computer game was seized inviting the person to satisfy the commissioner, on reasonable grounds, within the defined period that the film or computer game is classified. (3) A notice under subsection (2) must include a statement to the effect that— (a) the seized film or computer game may be destroyed unless the person satisfies the commissioner, on reasonable grounds, that the film or computer game is classified; and (b) the person from whom the film or computer game was seized may apply to the commissioner under section 54YB (2) for the extension, or further extension, of the defined period. 54ZA Return of seized films or computer games The commissioner must take reasonable steps to return a seized film or computer game to the person from whom it was seized if— (a) the commissioner is satisfied, on reasonable grounds, that the film or computer game is classified; and Section 54ZB page 70 Classification (Publications, Films and Computer (i) a proceeding in relation to a defined offence has not been started at the end of the defined period after the date of seizure; or (ii) if such a proceeding has been started within that period— the proceeding has been decided (whether before or after the end of that period) and no offence has been found proved in relation to the film or computer game; and (c) if the person is a licensee— (i) an invitation under section 54N (3) on the ground mentioned in section 54N (1) (c) in relation to the film or computer game has not been issued to the person at the end of the defined period after the date of seizure; or (ii) if an invitation has been issued within that period— the commissioner has made a decision (whether before or after the end of that period) not to cancel the licence on that ground. 54ZB Destruction of seized films or computer games (1) The commissioner must destroy a seized film or computer game if, following the issue of a notice under section 54Z (2)— (a) the person from whom the film or computer game was seized does not satisfy the commissioner, on reasonable grounds in accordance with the invitation in the notice, that the film or computer game is classified; and (i) a proceeding in relation to a defined offence has not been started at the end of the defined period after the date of seizure; or Section 54ZB (ii) if such a proceeding has been started within that period— the proceeding has been decided (whether before or after the end of that period) and no offence has been found proved in relation to the film or computer game. (2) The commissioner must destroy a seized film if— (a) the person from whom the film was seized is a licensee; and (b) the licence is cancelled on the ground mentioned in section 54N (1) (c) in relation to the film. (3) The commissioner must destroy a seized film or computer game if a defined offence in relation to the film or computer game is proved. (4) Despite subsections (1), (2) and (3), the commissioner may retain a seized film or computer game for the purposes of the administration of this Act for the period as the commissioner considers, on reasonable grounds, to be necessary or desirable for those purposes. (5) In this section: licence—see section 54A. Section 55 page 72 Classification (Publications, Films and Computer