Document ID: chunk:federal_register_of_legislation:C2024C00861:section:45
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 45
Character Range: 121581–122523

45  Unlawful possession of service property
 (1) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person is in possession of service property; and
 (b) the person has no lawful authority for being in possession of the property.
Maximum punishment: Imprisonment for 6 months.
 (2) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if the person proves that he or she:
 (a) was not aware that he or she was in possession of the property; or
 (b) was not aware that the property was service property; or
 (c) had a reasonable excuse for his or her possession of the property without authority.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

Subdivision B—Possession of property suspected of having been unlawfully obtained