A forfeiture order under s 33 of the Confiscation Act 1997 (Vic) cannot be sustained where the only nexus between the property and the offence is that the property contains material of the same kind as the offence — the property must have been used in, or in connection with, the commission of the specific offence proven. Where a forfeiture order is set aside but the items contain child pornography, the court is not obliged to order return, particularly where deletion of offending material is impractical. The question whether Gollan v Nugent principles bar return of electronic devices containing child pornography was left open.
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