(4) The owner of a film, publication or computer S. 75(4) game that has been lawfully seized by a police amended by Nos 60/1998 officer may apply within 60 days of the seizure to s. 12(1)(b), the Magistrates' Court for the return of the film, 37/2014 s. 10(Sch. publication or computer game. item 19.13(c)). (4A) An applicant under subsection (4) must give S. 75(4A) notice in writing of the application to the Chief inserted by No. 60/1998 Commissioner of Police containing— s. 12(3). (a) the name and address of the applicant; and (b) the address of the premises from which the film, publication or computer game was seized; and (c) the date of seizure; and (d) the nature of the seized item the return of which is sought. (5) On an application under subsection (3B) or (4), if S. 75(5) amended by the Magistrates' Court is satisfied that the No. 60/1998 applicant is the owner of the film, publication or s. 12(1)(c)(i)(ii). computer game, the Court must order that, at the expiration of 12 months after the seizure, the film, publication or computer game be returned to the applicant unless the applicant has been charged with an offence in relation to the film, publication or computer game. (6) Subject to subsection (7), a film, publication or S. 75(6) amended by computer game which is forfeited under this No. 60/1998 section may be destroyed or otherwise dealt with s. 12(4). as directed by the Minister or, if a court orders the forfeiture, as directed by the court. (7) The Minister or court must not direct the S. 75(7) inserted by destruction of a film, publication or computer No. 60/1998 game before the expiration of the time allowed for s. 12(5). instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal.
S. 75(4) amended by Nos 60/1998 s. 12(1)(b), 37/2014 s. 10(Sch. item 19.13(c)). (4) The owner of a film, publication or computer game that has been lawfully seized by a police officer may apply within 60 days of the seizure to the Magistrates' Court for the return of the film, publication or computer game. S. 75(4A) inserted by No. 60/1998 s. 12(3). (4A) An applicant under subsection (4) must give notice in writing of the application to the Chief Commissioner of Police containing— (a) the name and address of the applicant; and (b) the address of the premises from which the film, publication or computer game was seized; and (c) the date of seizure; and (d) the nature of the seized item the return of which is sought. S. 75(5) amended by No. 60/1998 s. 12(1)(c)(i)(ii). (5) On an application under subsection (3B) or (4), if the Magistrates' Court is satisfied that the applicant is the owner of the film, publication or computer game, the Court must order that, at the expiration of 12 months after the seizure, the film, publication or computer game be returned to the applicant unless the applicant has been charged with an offence in relation to the film, publication or computer game. S. 75(6) amended by No. 60/1998 s. 12(4). (6) Subject to subsection (7), 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, if a court orders the forfeiture, as directed by the court. S. 75(7) inserted by No. 60/1998 s. 12(5). (7) The Minister or court must not direct the destruction of a film, publication or computer game before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal.
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