Crimes Act 1914

Part IE - Forfeiture of child abuse material

History

Pt IE heading substituted by No 72 of 2019, s 3 and Sch 7 item 8, effective 21 September 2019. The heading formerly read:

Part IE - Forfeiture of child pornography material and child abuse material

Pt IE inserted by No 42 of 2010, s 3 and Sch 2 item 8, effective 12 May 2010. No 42 of 2010, s 3 and Sch 2 item 9 contains the following application provision:

Application of Part IE of the Crimes Act 1914
(1)
Part IE of the Crimes Act 1914 applies in relation to Commonwealth child sex offences, whether the conduct constituting the offences occurred before, on or after 12 May 2010.

(2)
Part IE of the Crimes Act 1914 also applies in relation to the following offences constituted by conduct that occurred before 12 May 2010 as if they were Commonwealth child sex offences:

(a) an offence against former Part IIIA of the Crimes Act 1914 (which was about child sex tourism);

(b) an offence against section 474.19 , 474.20 , 474.22 , 474.23 , 474.26 or 474.27 of the Criminal Code as in force before 15 April 2010;

(c) an offence against section 11.1 , 11.4 or 11.5 of the Criminal Code relating to an offence described in paragraph (a) or (b) of this subitem;

(d) an offence against a provision described in paragraph (a) or (b) of this subitem taken to have been committed because of section 11.2 , 11.2A or 11.3 of the Criminal Code ;

(e) an offence against former Part IIIA of the Crimes Act 1914 taken to have been committed because of former section 5 of that Act;

(f) an offence against former section 7 , 7A or 86 of the Crimes Act 1914 relating to an offence against former Part IIIA of that Act.

Division 4 - Provisions relating to forfeiture under this Part generally

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SECTION 23ZE Effect of forfeiture under this Part

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(1)
This section applies if a thing is forfeited to the Commonwealth under this Part.

(2)
When the thing is forfeited it becomes the property of the Commonwealth.

(3)
A constable may, without warrant, seize the thing.

(4)
The Commissioner may deal with the thing in any way he or she considers appropriate (including by destroying the thing).

(5)
However, if the thing is in the custody of a constable who is a member of a police force of a State or Territory, the head of the police force may deal with the thing in any way he or she considers appropriate (including by destroying the thing).

(6)
Subsections (3), (4) and (5) have effect despite section 9 .

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