South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 41

41—Unlawful possession of personal property

        (1)         A person who has possession of personal property which, either at the time of possession or at any subsequent time before the making of a complaint under this section in respect of the possession, is reasonably suspected of having been stolen or obtained by unlawful means, is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         It is a defence to a charge for an offence against this section to prove that the defendant obtained possession of the property honestly.

        (3)         If personal property is proved to have been in the possession of a person, whether in a building or otherwise and whether the possession had been parted with before the hearing or not, it will, for the purposes of this section, be taken to have been in the possession of that person.



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