Crimes Act 1914
Part IE
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Forfeiture of child abuse material
Division 4
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Provisions relating to forfeiture under this Part generally
SECTION 23ZF
Compensation for forfeiture of electronic equipment etc
(1)
This section applies to a person if:
(a) a thing that is a computer, data storage device or other electronic equipment is forfeited under this Part; and
(b) the person owned, had a right to possess or had other property in the thing immediately before the forfeiture.
(2)
The Commonwealth is liable to pay the person a reasonable amount of compensation for the forfeiture.
(3)
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(4)
However, the court is not to determine an amount of compensation for the person while:
(a) the person is the subject of an investigation into a Commonwealth child sex offence of which the thing provides evidence; or
(b) the person is the subject of proceedings (other than those under subsection (3)) relating to a Commonwealth child sex offence from which the thing was allegedly derived or in connection with which the thing was allegedly used; or
(c) an appeal may be lodged as of right in relation to proceedings covered by paragraph (b).
(5)
Subsection (2) does not apply if the person is or has been convicted of, or found by a court in civil proceedings (including proceedings under subsection (3)) to have committed, a Commonwealth child sex offence to which the forfeiture relates.
View history note
Hide history noteThis section applies to a person if:
(a) a thing that is a computer, data storage device or other electronic equipment is forfeited under this Part; and
(b) the person owned, had a right to possess or had other property in the thing immediately before the forfeiture.
(2)
The Commonwealth is liable to pay the person a reasonable amount of compensation for the forfeiture.
(3)
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(4)
However, the court is not to determine an amount of compensation for the person while:
(a) the person is the subject of an investigation into a Commonwealth child sex offence of which the thing provides evidence; or
(b) the person is the subject of proceedings (other than those under subsection (3)) relating to a Commonwealth child sex offence from which the thing was allegedly derived or in connection with which the thing was allegedly used; or
(c) an appeal may be lodged as of right in relation to proceedings covered by paragraph (b).
(5)
Subsection (2) does not apply if the person is or has been convicted of, or found by a court in civil proceedings (including proceedings under subsection (3)) to have committed, a Commonwealth child sex offence to which the forfeiture relates.
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