Victorian Consolidated Legislation

Crimes Act 1958 - SECT 74A

Shop theft

74A. Shop theft



(1) Despite section 74 and anything to the contrary in this Division, a member
of the police force may serve an infringement notice on any person if he or
she believes on reasonable grounds that the theft is shop theft.

(2) An offence referred to in subsection (1) for which an infringement notice
may be served is an infringement offence within the meaning of the
Infringements Act 2006.

(3) The infringement penalty for an offence for which an infringement notice
may be served under this section is 2 penalty units.

(4) An infringement notice under this section must not be served on a person
who is under 18 years of age at the time of the alleged offence.

Note The Infringements Act 2006 provides that, subject to that Act and any
other Act, a person who pays an infringement penalty and any prescribed costs
within the time required under that Act expiates the offence by that payment.
Section 33 of that Act provides that, generally, expiation means that no
further proceedings may be taken against the person for that offence and no
conviction is taken to have been recorded against the person for that offence.
Payment is not to be taken as an admission of guilt or liability and payment
is not to be referred to in any report provided to a court for the purposes of
determining sentence for an offence.





(5) For the purposes of this section-

retail premises means the whole or any part of a building, structure or place
or any vehicle-

   (a)  that is used wholly or predominantly for the retail sale of goods; and

   (b)  in or at which goods are sold or exposed or offered for sale by retail
        on one or more occasions; shop theft means theft from retail premises
        of property which is goods valued at, or displayed for sale at, a
        price less than $600.