Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 364

    (1)     If the owner of stolen property makes a complaint to a magistrate that the property is in the possession of a dealer in second-hand goods or a person (the lender ) who has advanced money on the security of the property, the magistrate may—

        (a)     issue a summons for the appearance of the dealer or lender and for the production of the property; and

        (b)     order the dealer or lender to give the property to the owner on payment by the owner of the amount (if any) that the magistrate considers appropriate.

    (2)     A dealer or lender who contravenes an order under subsection (1) (b), or who disposes of any property after being told by the owner of the property that it is stolen, is liable to pay to the owner of the property the full value of the property as decided by a magistrate.

    (3)     In this section:

"related offence" means any of the following:

        (a)     robbery;

        (b)     aggravated robbery;

        (c)     burglary;

        (d)     aggravated burglary;

        (e)     obtaining property by deception.

"stolen property" means property appropriated or obtained in the course of theft or a related offence.