(3) If— S. 75(3) amended by Nos 60/1998 s. 12(1)(a), 37/2014 s. 10(Sch. item 19.13(a)). S. 75(3)(a) (a) a film classified RC or X 18+; or amended by No. 6/2005 s. 7(h). (b) a publication or computer game classified RC; or (c) an objectionable film or objectionable publication— has been lawfully seized by a police officer but at the expiration of 12 months after the seizure no person has been charged with an offence in relation to the seized item, the film, publication or computer game is forfeited to the Crown. (3A) If a film, publication or computer game, other S. 75(3A) inserted by than one referred to in subsection (3)(a), (b) or (c), No. 60/1998 s. 12(2), has been lawfully seized by a police officer and amended by the police officer believes on reasonable grounds No. 37/2014 s. 10(Sch. that a person, other than a person charged with an item 19.13(b)). offence in relation to the seized item, is the owner of the seized item, the police officer must give notice in writing to the person of— (a) the date and place of seizure; and (b) the nature of the seized item. (3B) A person to whom notice is given under S. 75(3B) inserted by subsection (3A) may apply within 60 days after No. 60/1998 the notice to the Magistrates' Court for the return s. 12(2). of the film, publication or computer game.
S. 75(3) amended by Nos 60/1998 s. 12(1)(a), 37/2014 s. 10(Sch. item 19.13(a)). (3) If— S. 75(3)(a) amended by No. 6/2005 s. 7(h). (a) a film classified RC or X 18+; or (b) a publication or computer game classified RC; or (c) an objectionable film or objectionable publication— has been lawfully seized by a police officer but at the expiration of 12 months after the seizure no person has been charged with an offence in relation to the seized item, the film, publication or computer game is forfeited to the Crown. S. 75(3A) inserted by No. 60/1998 s. 12(2), amended by No. 37/2014 s. 10(Sch. item 19.13(b)). (3A) If a film, publication or computer game, other than one referred to in subsection (3)(a), (b) or (c), has been lawfully seized by a police officer and the police officer believes on reasonable grounds that a person, other than a person charged with an offence in relation to the seized item, is the owner of the seized item, the police officer must give notice in writing to the person of— (a) the date and place of seizure; and (b) the nature of the seized item. S. 75(3B) inserted by No. 60/1998 s. 12(2). (3B) A person to whom notice is given under subsection (3A) may apply within 60 days after the notice to the Magistrates' Court for the return of the film, publication or computer game.
95-90a040.docx