Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 26

Unexplained possession of personal property reasonably suspected to be stolen

26. Unexplained possession of personal property reasonably suspected to be
stolen



(1) Any person having in his actual possession or conveying in any manner any
personal property whatsoever reasonably suspected of being stolen or
unlawfully obtained whether in or outside Victoria may be arrested either with
or without warrant and brought before a bail justice or the Magistrates'
Court, or may be summoned to appear before the Magistrates' Court.

(2) If such person does not in the opinion of the court give a satisfactory
account as to how he came by such property he shall be guilty of an offence.

Penalty: Imprisonment for one year.

(3) Upon proof that any property was or had been in the actual possession of
such person or under his control and whether or not such person still has
possession or control thereof when brought before the court the property shall
for the purposes of this section be deemed to be in his actual possession.

(4) Where a person is charged before the Magistrates' Court with an offence
under this section the court may proceed to hear and determine the matter
notwithstanding that it appears from the evidence that the person charged
stole or unlawfully obtained the property concerned in a place outside
Victoria in circumstances amounting to the commission of a criminal offence in
that place.