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s 13

Forfeiture of property

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Part 2Graffiti offences

13 Forfeiture of property

(1)

The Criminal Code section 731 applies where a court convicts a person of an offence under this Act, as if the conviction were a penalty under The Criminal Code.

(2)

For the purposes of subsection (1) “any thing that was used in or in connection with the commission of the offence” includes a thing that was intended to be used, and includes —

(a)

a graffiti implement; and

(b)

anything used by the offender to record, store or transmit images of the graffiti caused by the offender.

(3)

The order may include provision for the seizure of a thing or other action required to enforce that forfeiture.

(4)

In addition to The Criminal Code section 731(2), a court must not make an order for the forfeiture of any thing under subsection (1) unless the prosecutor applies for the order.

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