(4) If the Magistrates' Court is satisfied that— S. 75A(4)(a) amended by (a) the applicant is the owner of a film, No. 6/2005 publication or computer game seized at the s. 8(4). same time from the same premises as a commercial quantity or the items referred to in paragraph (a), (b) or (c) of subsection (1A), as the case may be; and (b) the seized item is classified with a S. 75A(4)(b) amended by classification other than RC or, in the case of No. 6/2005 a film, RC or X 18+— s. 7(i). the Magistrates' Court may make an order that the item be returned to the applicant and that the applicant's costs (including costs of classification) be paid by the Chief Commissioner. (5) Subject to subsection (6), a film, publication or computer game which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister or the Magistrates' Court. (6) The Minister or court must not direct the destruction of a film, publication or computer game before the expiry of the time allowed for instituting an appeal against a refusal to make an order under subsection (4) or, if an appeal is lodged within that time, before the determination of the appeal. 76 Restricted publications area—construction and management (1) A restricted publications area must be so constructed that no part of the interior of the area is visible to any person outside the area.
S. 75A(4)(a) amended by No. 6/2005 s. 8(4). (4) If the Magistrates' Court is satisfied that— (a) the applicant is the owner of a film, publication or computer game seized at the same time from the same premises as a commercial quantity or the items referred to in paragraph (a), (b) or (c) of subsection (1A), as the case may be; and S. 75A(4)(b) amended by No. 6/2005 s. 7(i). (b) the seized item is classified with a classification other than RC or, in the case of a film, RC or X 18+— the Magistrates' Court may make an order that the item be returned to the applicant and that the applicant's costs (including costs of classification) be paid by the Chief Commissioner. (5) Subject to subsection (6), a film, publication or computer game which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister or the Magistrates' Court. (6) The Minister or court must not direct the destruction of a film, publication or computer game before the expiry of the time allowed for instituting an appeal against a refusal to make an order under subsection (4) or, if an appeal is lodged within that time, before the determination of the appeal. 76 Restricted publications area—construction and management (1) A restricted publications area must be so constructed that no part of the interior of the area is visible to any person outside the area.
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