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SUMMARY OFFENCES ACT 2005 - SECT 15 Possession of implement in relation to particular offences

SUMMARY OFFENCES ACT 2005 - SECT 15

Possession of implement in relation to particular offences

15 Possession of implement in relation to particular offences

(1) A person must not possess an implement that is being, or is to be, used—
(a) for burglary of a dwelling; or
(b) for unlawfully entering a place; or
(c) for entering a vehicle with intent to commit an indictable offence; or
(d) to steal or unlawfully use a vehicle; or
(e) to unlawfully injure a person; or
(f) to unlawfully damage property.
Penalty—
Maximum penalty—20 penalty units or 1 year’s imprisonment.
(2) A person must not possess an implement that has been used—
(a) for burglary of a dwelling; or
(b) for unlawfully entering a place; or
(c) for entering a vehicle with intent to commit an indictable offence; or
(d) to steal or unlawfully use a vehicle; or
(e) to unlawfully injure a person; or
(f) to unlawfully damage property.
Penalty—
Maximum penalty—20 penalty units or 1 year’s imprisonment.
(3) For subsection (2) , it is a defence for the person to prove that the person’s possession of the implement was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence.
Note—
See the Police Powers and Responsibilities Act 2000 , section 634 for safeguards applying to starting proceedings for offences against this section and sections 16 and 17 .