AustLII Tasmanian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 77

Forfeiture of child exploitation material, &c.

(1)  This section applies if a person is prosecuted for an offence under Part 8 .
(2)  The court may, if it considers material which is the subject of a charge for an offence under Part 8 to be child exploitation material or a bestiality product, order that the material or any electronic medium on which the material, or data from which the material may be composed, is stored, or both the material and any such electronic medium, be forfeited to the Crown.
(3)  The court may make an order under subsection (2) whether or not the person is convicted of the offence to which the child exploitation material or bestiality product relates.
(4)  If the person is convicted of an offence under Part 8 , the court may also order that any thing used to commit the offence be forfeited to the Crown.
(5)  The court may also make any order that it considers appropriate to enforce the forfeiture.
(6)  This section does not limit the court's powers under the Crime (Confiscation of Profits) Act 1993 or any other law.
(7)  When any material, electronic medium or other thing is forfeited to the Crown, the material, electronic medium or other thing becomes the Crown's property and may be disposed of or destroyed in such manner as the Attorney-General may direct.



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