130FForfeiture of child exploitation material, &c.

130F Forfeiture of child exploitation material, &c.

[Section 130F Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  This section applies if a person is prosecuted for a crime under section 130 , 130A , 130B , 130C or 130D .

(2)  [Section 130F Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] The court may, if it considers material which is the subject of a charge under any of the sections referred to in subsection (1) to be child exploitation material, order that the material or any electronic medium on which the material, or data from which the material may be composed, is stored, or both the material and any such electronic medium, be forfeited to the Crown.

(3)  The court may make an order under subsection (2) whether or not the person is convicted of a crime under any of the sections referred to in subsection (1) .

(4)  If the person is convicted of a crime under any of the sections referred to in subsection (1) , the court may also order that any thing used to commit the crime be forfeited to the Crown.

(5)  The court may also make any order that it considers appropriate to enforce the forfeiture.

(6)  This section does not limit the court's powers under the Crime (Confiscation of Profits) Act 1993 or any other law.

(7)  [Section 130F Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] When any material, electronic medium or other thing is forfeited to the Crown, the material, electronic medium or other thing becomes the Crown's property and may be disposed of or destroyed in such manner as the Attorney-General may direct.