Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_16:p3
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 3/6)
Character Range: 131544–134234

(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) is (in whole or in part) the proceeds of sale of, or property exchanged for, original stolen property; and
 (b) is in the possession or custody of the person who so appropriated the original stolen property.

Alternative verdicts

 (6) If, in a prosecution for an offence against section 471.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence against section 471.1 but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

 (7) If, in a prosecution for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 471.1, the trier of fact may find the defendant not guilty of the offence against this section but guilty of the offence against section 471.1, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Receiving stolen property before commencement

 (8) For the purposes of this section:
 (a) it is to be assumed that section 471.1 had been in force at all times before the commencement of this section; and
 (b) property that was appropriated at a time before the commencement of this section does not become stolen property unless the property was appropriated in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.

471.3  Taking or concealing of mail‑receptacles, articles or postal messages

  A person is guilty of an offence if the person dishonestly takes or conceals:
 (a) a mail‑receptacle; or
 (b) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
 (c) a postal message.

Penalty: Imprisonment for 5 years.

471.4  Dishonest removal of postage stamps or postmarks

  A person is guilty of an offence if the person dishonestly:
 (a) removes any postage stamp affixed to, or printed on, an article; or
 (b) removes any postmark from a postage stamp that has previously been used for postal services.