Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p6
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 6/39)
Character Range: 43620–46287

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

Tainted property

 (7) 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:
 (i) original stolen property; or
 (ii) previously received property; and
 (b) if subparagraph (a)(i) applies—is in the possession or custody of:
 (i) if the original stolen property was appropriated in the course of theft—the person who so appropriated the original stolen property; or
 (ii) if the original stolen property was obtained in the course of an offence against section 134.1—the person who so obtained the property or the person for whom the property was so obtained; and
 (c) if subparagraph (a)(ii) applies—is in the possession or custody of the person who received the previously received property in the course of an offence against subsection (1).

Money transfers

 (8) For the purposes of this section, if, as a result of the application of subsection 134.1(9) or (10), an amount credited to an account held by a person is property obtained in the course of an offence against section 134.1:
 (a) while the whole or any part of the amount remains credited to the account, the property is taken to be in the possession of the person; and
 (b) if the person fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled—the person is taken to have received the property; and
 (c) subsection (6) of this section does not apply to the property.

Note: Subsections 134.1(9) and (10) deal with money transfers.

Alternative verdicts

 (9) If, in a prosecution for an offence of theft or an offence against section 134.1, 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 of receiving, the trier of fact may find the defendant not guilty of