Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_46
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 60631–61833

46  Possession of property suspected of having been unlawfully obtained

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person is in possession of property; and
 (b) the property may reasonably be suspected of having been unlawfully obtained.

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 of the circumstances by reason of which that property may reasonably be suspected of having been unlawfully obtained; or
 (c) had a reasonable excuse for his or her possession of the property.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

 (4) It is a defence if the person proves that the property was not unlawfully obtained.

Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.

Subdivision C—Fraudulent conduct