Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_16:p2
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 2/6)
Character Range: 129031–131792

the person does so with the intention of permanently depriving another person of the mail‑receptacle, article or postal message.

Penalty: Imprisonment for 10 years.

Dishonesty

 (2) For the purposes of this section, a person's appropriation of a mail‑receptacle, article or postal message may be dishonest even if the person or another person is willing to pay for the mail‑receptacle, article or postal message.

Intention of permanently depriving a person of a mail‑receptacle, article or postal message

 (3) For the purposes of this section, if:
 (a) a person appropriates a mail‑receptacle, article or postal message without meaning another permanently to lose the thing itself; and
 (b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
the person has the intention of permanently depriving the other of it.

 (4) For the purposes of subsection (3), a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

471.2  Receiving stolen mail‑receptacles, articles or postal messages

 (1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.

Penalty: Imprisonment for 10 years.

Stolen property

 (2) For the purposes of this section, property is stolen property if, and only if:
 (a) it is original stolen property (as defined by subsection (3)); or
 (b) it is tainted property (as defined by subsection (5)).
This subsection has effect subject to subsection (4).

Original stolen property

 (3) For the purposes of this section, original stolen property is property, or a part of property, that:
 (a) was appropriated in the course of an offence against section 471.1 (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and
 (b) is in the possession or custody of the person who so appropriated the property.

 (4) For the purposes of this section, property ceases to be original stolen property:
 (a) after the property is restored:
 (i) to the person from whom it was appropriated; or
 (ii) to other lawful possession or custody; or
 (b) after:
 (i) the person from whom the property was appropriated ceases to have any right to restitution in respect of the property; or
 (ii) a person claiming through the person from whom the property was appropriated ceases to have any right to restitution in respect of the property.

Tainted property

 (5) For the purposes of this section, tainted property is property that:
 (a)