Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 228G

228G Forfeiture of child abuse objects, child exploitation material etc.

(1) This section applies if a person is prosecuted for an offence against—

(a) section 210 (1) (e) or (f) , 218A or 218B ; or

(b) section 228A , 228B , 228C , 228D , 228DA , 228DB , 228DC , 228I or 228J .

(2) Whether or not the person is convicted of the offence, the court may order the photograph, visual image, material or object that is the subject of the offence be forfeited to the State.

(3) If the person is convicted of the offence, the court may also order that anything used to commit the offence be forfeited to the State.

Example—

a computer, camera or sound recording device

(4) Subsections (2) and (3) apply whether the thing to be forfeited has been seized or is in its owner’s possession.

(5) The court may also make any order that it considers appropriate to enforce the forfeiture.

(6) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 , the Criminal Proceeds Confiscation Act 2002 or another law.

(7) When forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.