CRIMINAL CODE 2002 - SECT 313 Receiving

CRIMINAL CODE 2002 - SECT 313

    (1)     A person commits an offence ( receiving ) if the person dishonestly receives stolen property, knowing or believing the property to be stolen.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

Note     For an alternative verdict provision applying to receiving, see s 371.

    (2)     A person cannot be found guilty of both theft (or a related offence) and receiving in relation to the same property if the person retains custody or possession of the property.

    (3)     For this section—

        (a)     it is to be assumed that section 308 to section 312 and section 326 had been in force at all times before the commencement of this section; and

        (b)     property that was appropriated or obtained before the commencement of this section, does not become stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a territory law in force at that time.

    (4)     In this section:

"related offence" means any of the following:

        (a)     robbery;

        (b)     aggravated robbery;

        (c)     burglary;

        (d)     aggravated burglary;

        (e)     obtaining property by deception.