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Criminal Code Act 1899
sch.1-sec.446Suspicion of stealing stock
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### sch.1-sec.446 Suspicion of stealing stock
When any animal that is stock is suspected, on reasonable grounds, to have been stolen, any person in whose possession or custody the animal or the skin or carcass, or any part of the skin or carcass, of the animal so suspected to have been stolen, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the thing in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal or skin or carcass or part of skin or carcass so found.
However, the fine imposed in respect of the offence shall not exceed 455 penalty units.
It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the thing in question.
sch 1 pt 6 div 1 ch 44 ch div 2 s 446 amd 1961 10 Eliz 2 No. 11 s 21; 1973 No. 88 s 7 ; 1986 No. 1 s 42 ; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 18 ; 2014 No. 13 s 8
(sch.1-sec.446-ssec.1) When any animal that is stock is suspected, on reasonable grounds, to have been stolen, any person in whose possession or custody the animal or the skin or carcass, or any part of the skin or carcass, of the animal so suspected to have been stolen, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the thing in question; and the person is liable to imprisonment for 5 years or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal or skin or carcass or part of skin or carcass so found.
(sch.1-sec.446-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.
(sch.1-sec.446-ssec.3) It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the thing in question.