Classification (Publications, Films and Computer Games) Enforcement Act 1995

A thing that has been seized pursuant to a search warrant issued under section 55 must be returned to the premises in or on which it was seized unless, not later than 90 days after the seizure—

proceedings are brought against a person for an offence under this Act in connection with the thing, or

a police officer reports the seizure to a Judge of the Local Court.

If such a report is made, the judge is to issue a summons calling on the person who, at the time of the seizure of the thing, was occupying or using the premises entered under the authority of the search warrant to appear before the Local Court to show cause why the thing or other things seized should not be forfeited to the Crown.

If the person summoned (or some other person) claims any of the things to which the summons relates, the person must, in order for the thing to be returned to the person, satisfy the Local Court that the thing is not in any way connected with an offence under this Act.

The Local Court before which the summons is returned may order that there be forfeited to the Crown—

such of the things to which the summons relates as are not claimed by the person summoned or by some other person, or

such of the things as, in the opinion of the Court, should be so forfeited.

The Local Court is to order the return of a thing seized pursuant to a search warrant issued under section 55—

if the Court dismisses the proceedings for an offence under this Act with respect to the thing, or

if, on the return before it of a summons issued under this section with respect to the thing, it does not form the opinion referred to in subsection (4) (b).