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 4 - Provisions relating to forfeiture under this Part generally

View history reference

View history note

SECTION 23ZF Compensation for forfeiture of electronic equipment etc

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(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

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