Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is a defence member or a defence civilian commits an offence if, in the course of operations against the enemy, or in the course of operations undertaken by the Defence Force for the preservation of law and order or otherwise in aid of the civil authorities, the person:
(a) takes any property that has been left exposed or unprotected; or
(b) takes any property from the body of a person who has been killed or from a person who has been wounded, injured or captured; or
(c) takes any vehicle, equipment or stores captured from or abandoned by the enemy.
Maximum punishment: Imprisonment for 5 years.
(2) A person who is a defence member or a defence civilian commits an offence if:
(a) the person receives property; and
(b) the property has been taken in circumstances constituting an offence against subsection (1); and
(c) the person knows of those circumstances.
Maximum punishment: Imprisonment for 5 years.
(3) It is a defence to a charge under this section if the person proves that he or she took or received the property for the service of the Commonwealth or had other reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .