Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:2_23zd:p2
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 2 cl 23ZD (pt 2/2)
Character Range: 107103–108084

the thing is a computer, data storage device or other electronic equipment and the court is satisfied that:
 (a) the person has appeared at the hearing of the application; and
 (b) the person did not commit, is not and has not been convicted (by the court or another court) of, and has not been found by another court in civil proceedings to have committed, the Commonwealth child sex offence; and
 (c) the person is not the subject of proceedings in another court relating to the Commonwealth child sex offence and has not been the subject of such proceedings in connection with which an appeal may still be lodged as of right; and
 (d) the person is not the subject of an investigation into a Commonwealth child sex offence of which the thing provides evidence.

Standard of proof for forfeiture and compensation orders
 (6) The standard of proof for subsections (1) and (5) is the balance of probabilities.

Division 4—Provisions relating to forfeiture under this Part generally