Victorian Numbered Acts Victorian Numbered ActsAfter section 56ZA of the Principal Act insert —
(1) Subject to sub-section (3), if a member of the police force believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against section 56KE or 56KF, the member of the police force may seize any broadcasting equipment being used by that person if—
(a) the member has requested that the person cease the activity which may constitute an offence against section 56KE or 56KF (as the case requires); and
(b) the person does not cease the activity after that request.
(2) If a member of the police force seizes any broadcasting equipment under this section, the member of the police force must immediately give the person a written receipt for the equipment seized indicating—
(a) the nature of the equipment seized; and
(b) the date and time that the member of the police force took possession of the equipment; and
(c) the name and rank of the member of the police force who seized the equipment.
(3) A member of the police force may only seize broadcasting equipment under sub-section (1) during the period of March 2006.
(1) A member of the police force, as soon as practicable, must give broadcasting equipment seized under section 56ZAB to the Office of Commonwealth Games Coordination.
(2) The Office of Commonwealth Games Coordination must retain broadcasting equipment seized under section 56ZAB until the seized broadcasting equipment—
(a) in the case of broadcasting equipment other than a film, digitally recorded images or a sound recording, is returned in accordance with section 56ZAD; or
(b) in any case, is returned to the person from whom it was seized or its lawful owner—
(i) in accordance with this Act; or
(ii) by court order or otherwise.
(1) The Chief Commissioner of Police must ensure that broadcasting equipment seized under section 56ZAB is returned to the person from whom it was seized within 28 days after the date on which it was seized.
(2) Sub-section (1) does not apply to broadcasting equipment which is a film, digitally recorded images or a sound recording.
(1) A person from whom broadcasting equipment has been seized under section 56ZAB may apply to the Magistrates' Court for the return of that equipment.
(2) An application under sub-section (1)—
(a) may be made at any time after the seizure under section 56ZAB; and
(b) must not be made if proceedings for an offence against section 56KE or 56KF have been commenced in respect of that seized broadcasting equipment.
(3) On an application under sub-section (1), the Magistrates' Court may make any of the following orders or any combination of those orders—
(a) an order for the return of the broadcasting equipment if, in the opinion of the Court, it can be returned consistently with the interests of justice;
(b) an order for the return of the broadcasting equipment subject to any specified conditions;
(c) any other order it considers appropriate in relation to the broadcasting equipment.
(1) If any broadcasting equipment has been seized under section 56ZAB and it has not been returned under section 56ZAD or by court order or otherwise and—
(a) proceedings are not instituted for an offence against section 56KE or 56KF in relation to the seized broadcasting equipment within 6 months of the seizure; or
(b) after proceedings have been instituted and completed, the defendant is not found guilty—
the person from whom the equipment was seized is entitled to recover—
(c) the seized broadcasting equipment, or, if it has been destroyed, compensation equal to the market value of the broadcasting equipment at the time of the seizure; and
(d) compensation for any loss suffered by reason of the seizure of the broadcasting equipment.
(2) An action for the payment of compensation under sub-section (1) may be brought in any court of competent jurisdiction against the Corporation.
(1) If broadcasting equipment seized under section 56ZAB includes a film, digitally recorded images or a sound recording, the Corporation may retain the film, digitally recorded images or sound recording for a period not exceeding 6 months after the date of seizure.
(2) If a film, digitally recorded images or a sound recording is still being retained by the Corporation under this section on 30 September 2006 and no on-going proceedings in respect of the film, digitally recorded images or sound recording are in existence at that date, the film, digitally recorded images or sound recording must be returned to the person from whom it was seized under section 56ZAB or its lawful owner.
(1) A court which finds a person guilty of an offence against section 56KE or 56KF may order that any broadcasting equipment used in the commission of the offence be forfeited to the Crown.
(2) If any broadcasting equipment is forfeited to the Crown under sub-section (1)—
(a) the Minister may direct that the broadcasting equipment be disposed of in any manner that the Minister thinks fit; and
(b) if the Minister directs that the broadcasting equipment is to be disposed of by sale, the proceeds of the sale must be paid into the Consolidated Fund.".