Section 67

An order for the forfeiture or for the release of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter liable to forfeiture under this section shall be made by the court before which the prosecution with regard to it has been held and an order for the forfeiture of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter shall be made if it is proved to the satisfaction of the court that an offence under this Act, has been committed and that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter was used in the commission of the offence despite the fact that no person may have been convicted of the offence or breach.

Online Safety 55

If there is no prosecution with regard to any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized in the exercise of any power conferred under this

Act, the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter shall be taken or deemed to be forfeited at the expiration of twelve months from the date it was seized unless a claim to it is made before that date in the manner provided in this section.

A person asserting that he is the owner of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this Act and that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter is not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to the Commission or any authorized officer of his claim.

Upon receipt of a notice under subsection (4), the Commission or any authorized officer shall, after such enquiry as may be necessary, direct that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter be released or forfeited or refer the case to a Sessions Court Judge for decision.

The Sessions Court Judge to whom the case is referred shall issue a summons requiring the person asserting that he is the owner of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter and the person from whom the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter were seized to appear before him and upon his appearance or default to appear, after due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the case and on proof that an offence under this Act has been committed and that the book, account, document, computerized data, signboard, card, letter, pamphlet,

Act 866

leaflet, notice, facility, apparatus, equipment, device, thing or matter was the subject matter or was used in the commission of the offence, shall order the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to be forfeited or may, in the absence of such proof, order the release of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to the person entitled to it.

Any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter forfeited or deemed to be forfeited shall be delivered to the Commission or an authorized officer who shall dispose of it in the manner as the Commission deems fit.

Jurisdiction to try offence