Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 46

             (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 .