NSWIn ForceAct
Surveillance Devices Act 2007
58Orders for forfeiture
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#### 58 Orders for forfeiture
58 Orders for forfeiture
> > (1) Where a court has convicted a person of an offence against this Act or the regulations, it may, in addition to any penalty it may impose, make either or both of the following orders—
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> > > (a) an order that any surveillance device used in the commission of the offence be forfeited to the State or destroyed,
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> > > (b) an order that any record of a private conversation or activity—
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> > > > (i) to which the offence relates, or
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> > > > (ii) which was obtained by the use of a surveillance device to which the offence relates,
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> > > be forfeited to the State or destroyed.
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> > (2) Before making an order under subsection (1), the court may require notice to be given to, and may hear, such persons as the court thinks fit.
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> > (3) Without affecting any other right of appeal, an order under subsection (1) is appellable in the same manner as if it were, or were part of, a sentence imposed in respect of the offence.
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> > (4) Where an order is made under subsection (1) that a surveillance device or record be forfeited to the State or destroyed, any police officer may seize the surveillance device or record for the purpose of giving effect to the order.
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> > (5) A surveillance device or record forfeited to the State may be disposed of in accordance with the directions of the Commissioner of Police.