Crimes Act 1914

Part IE - Forfeiture of child abuse material

History

Pt IE heading substituted by No 72 of 2019, s 3 and Sch 7 item 8, effective 21 September 2019. The heading formerly read:

Part IE - Forfeiture of child pornography material and child abuse material

Pt IE inserted by No 42 of 2010, s 3 and Sch 2 item 8, effective 12 May 2010. No 42 of 2010, s 3 and Sch 2 item 9 contains the following application provision:

Application of Part IE of the Crimes Act 1914
(1)
Part IE of the Crimes Act 1914 applies in relation to Commonwealth child sex offences, whether the conduct constituting the offences occurred before, on or after 12 May 2010.

(2)
Part IE of the Crimes Act 1914 also applies in relation to the following offences constituted by conduct that occurred before 12 May 2010 as if they were Commonwealth child sex offences:

(a) an offence against former Part IIIA of the Crimes Act 1914 (which was about child sex tourism);

(b) an offence against section 474.19 , 474.20 , 474.22 , 474.23 , 474.26 or 474.27 of the Criminal Code as in force before 15 April 2010;

(c) an offence against section 11.1 , 11.4 or 11.5 of the Criminal Code relating to an offence described in paragraph (a) or (b) of this subitem;

(d) an offence against a provision described in paragraph (a) or (b) of this subitem taken to have been committed because of section 11.2 , 11.2A or 11.3 of the Criminal Code ;

(e) an offence against former Part IIIA of the Crimes Act 1914 taken to have been committed because of former section 5 of that Act;

(f) an offence against former section 7 , 7A or 86 of the Crimes Act 1914 relating to an offence against former Part IIIA of that Act.

Division 2 - Forfeiture by operation of law after notice is given

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SECTION 23ZC Providing copies of innocuous parts of material to be forfeited

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(1)
This section applies if:

(a) the forfeitable thing is identified in a forfeiture notice given by a constable; and

(b) less than 30 days after the notice is given, a person who was given the notice or who would be directly or indirectly affected by the proposed forfeiture of the thing gives a written request to the head of the police force that includes the constable; and

(c) the request is for the person to be given a copy of parts of the thing, or of data contained in the thing, that:

(i) are specified in the request clearly enough to enable the parts or data to be identified readily; and

(ii) are not child abuse material.

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(2)
The head of the police force must comply with the request if he or she is satisfied that it is reasonably practicable to do so.

(3)
However, the head of the police force need not comply with the request if he or she reasonably believes:

(a) that to do so might endanger the safety of anyone or prejudice an investigation or prosecution; or

(b) that possession by the person of the copy could constitute an offence against a law of the Commonwealth, a State or a Territory.

(4)
If:

(a) the head of the police force complies with the request; and

(b) a court convicts the person of a Commonwealth child sex offence and is satisfied on the balance of probabilities that the forfeitable thing is derived from, or was used in connection with, the commission of the offence;

the court may order the person to pay the Commonwealth, State or Territory whose police force incurred costs in complying with the request those costs.

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