Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p5
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 5/39)
Character Range: 41245–43842

convicted of theft of all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were appropriated over a period of time.

 (2) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in property other than money even though the deficiency is made up of any number of particular items of property that were appropriated over a period of time.

Division 132—Other property offences

132.1  Receiving

 (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.

 (2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of receiving.

 (2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew or believed that the property belonged to a Commonwealth entity.

Stolen property

 (3) For the purposes of this section, property is stolen property if, and only if:
 (a) it is original stolen property (as defined by subsection (5)); or
 (aa) it is previously received property (as defined by subsection (5A)); or
 (b) it is tainted property (as defined by subsection (7)).
This subsection has effect subject to subsections (4) and (6).

 (4) For the purposes of this section, stolen property does not include land obtained in the course of an offence against section 134.1.

Original stolen property

 (5) For the purposes of this section, original stolen property is:
 (a) property, or a part of property, that:
 (i) was appropriated in the course of theft (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and
 (ii) is in the possession or custody of the person who so appropriated the property; or
 (b) property, or a part of property, that:
 (i) was obtained in the course of an offence against section 134.1 (whether or not the property, or the part of the property, is in the state it was in when it was so obtained); and
 (ii) is in the possession or custody of the person who so obtained the property or the person for whom the property was so obtained.

Previously received property

 (5A) For the purposes of this section, previously received property is property that:
 (a) was received in the course of an offence against subsection (1); and
 (b) is in the possession or custody of the person who received the property in the course of that offence.

 (6) For the purposes of