Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 448A

448A Having in possession stock with defaced brand

(1) Any person in whose possession or custody any animal that is stock on which any registered brand or registered mark has been altered, defaced, or otherwise rendered indistinguishable, or reasonably suspected to have been altered, defaced, or otherwise rendered indistinguishable, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the animal in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so found.

(2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.

(3) It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the animal in question.