Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 324

    (1)     A person commits an offence if—

        (a)     the person—

              (i)     has property in the person's possession; or

              (ii)     has property in someone else's possession; or

              (iii)     has property in or on any premises (whether or not the premises belong to or are occupied by the person or the property is there for the person's own use); or

              (iv)     gives possession of property to someone who is not lawfully entitled to possession of it; and

        (b)     the property is reasonably suspected of being stolen property or otherwise unlawfully obtained property.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     Absolute liability applies to subsection (1) (b).

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the property concerned was stolen property or otherwise unlawfully obtained property.

    (4)     In this section:

"premises" includes any aircraft, building, structure, vehicle or vessel, or any place (whether built on or not), and any part of an aircraft, building, structure, vehicle, vessel or place.

"stolen property "means property obtained in a way that is an appropriation of property under section 304.