Crimes Act 1914
Part IE
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Forfeiture of child abuse material
Division 2
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Forfeiture by operation of law after notice is given
SECTION 23ZC
Providing copies of innocuous parts of material to be forfeited
(1)
This section applies if:
(a) the forfeitable thing is identified in a forfeiture notice given by a constable; and
(b) less than 30 days after the notice is given, a person who was given the notice or who would be directly or indirectly affected by the proposed forfeiture of the thing gives a written request to the head of the police force that includes the constable; and
(c) the request is for the person to be given a copy of parts of the thing, or of data contained in the thing, that:
(2)
The head of the police force must comply with the request if he or she is satisfied that it is reasonably practicable to do so.
(3)
However, the head of the police force need not comply with the request if he or she reasonably believes:
(a) that to do so might endanger the safety of anyone or prejudice an investigation or prosecution; or
(b) that possession by the person of the copy could constitute an offence against a law of the Commonwealth, a State or a Territory.
(4)
If:
(a) the head of the police force complies with the request; and
(b) a court convicts the person of a Commonwealth child sex offence and is satisfied on the balance of probabilities that the forfeitable thing is derived from, or was used in connection with, the commission of the offence;
View history note
Hide history noteThis section applies if:
(a) the forfeitable thing is identified in a forfeiture notice given by a constable; and
(b) less than 30 days after the notice is given, a person who was given the notice or who would be directly or indirectly affected by the proposed forfeiture of the thing gives a written request to the head of the police force that includes the constable; and
(c) the request is for the person to be given a copy of parts of the thing, or of data contained in the thing, that:
(i) are specified in the request clearly enough to enable the parts or data to be identified readily; and
(ii) are not child abuse material.
(2)
The head of the police force must comply with the request if he or she is satisfied that it is reasonably practicable to do so.
(3)
However, the head of the police force need not comply with the request if he or she reasonably believes:
(a) that to do so might endanger the safety of anyone or prejudice an investigation or prosecution; or
(b) that possession by the person of the copy could constitute an offence against a law of the Commonwealth, a State or a Territory.
(4)
If:
(a) the head of the police force complies with the request; and
(b) a court convicts the person of a Commonwealth child sex offence and is satisfied on the balance of probabilities that the forfeitable thing is derived from, or was used in connection with, the commission of the offence;
the court may order the person to pay the Commonwealth, State or Territory whose police force incurred costs in complying with the request those costs.
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