s. 75A (5) On an application under subsection (3B) or (4), if S. 75(5) the Magistrates' Court is satisfied that the amended by 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. 75A 75A Forfeiture—commercial quantity etc. (Heading) inserted by (1) If a person is found guilty of an offence in relation No. 6/2005 to a commercial quantity of films, publications or s. 8(1). computer games, any other film, publication or S. 75A inserted by computer game that was seized at the same time No. 60/1998 from the same premises as the commercial s. 13. quantity is forfeited to the Crown at the expiry of 30 days after the finding of guilt unless the Magistrates' Court makes an order under subsection (4). (1A) If a person is found guilty of one or more offences S. 75A(1A) inserted by against this Act, regardless of the number of No. 6/2005 s. 8(2). charges filed, in relation to 10 or more— (a) films classified RC or X or X 18+; or (b) publications or computer games classified RC; or
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. S. 75A (Heading) inserted by No. 6/2005 s. 8(1). S. 75A inserted by No. 60/1998 s. 13. 75A Forfeiture—commercial quantity etc. s. 75A (1) If a person is found guilty of an offence in relation to a commercial quantity of films, publications or computer games, any other film, publication or computer game that was seized at the same time from the same premises as the commercial quantity is forfeited to the Crown at the expiry of 30 days after the finding of guilt unless the Magistrates' Court makes an order under subsection (4). S. 75A(1A) inserted by No. 6/2005 s. 8(2). (1A) If a person is found guilty of one or more offences against this Act, regardless of the number of charges filed, in relation to 10 or more— (a) films classified RC or X or X 18+; or (b) publications or computer games classified RC; or
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