QLDIn ForceAct
Criminal Code Act 1899
sch.1-sec.448AHaving in possession stock with defaced brand
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### sch.1-sec.448A Having in possession stock with defaced brand
Any person in whose possession or custody any animal that is stock on which any registered brand or registered mark has been altered, defaced, or otherwise rendered indistinguishable, or reasonably suspected to have been altered, defaced, or otherwise rendered indistinguishable, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the animal 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 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 animal in question.
sch 1 pt 6 div 1 ch 44 ch div 2 s 448A ins 1931 22 Geo 5 No. 40 s 16
amd 1961 10 Eliz 2 No. 11 s 24; 1973 No. 88 s 10 ; 1986 No. 1 s 45; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 21 ; 2014 No. 13 s 11
(sch.1-sec.448A-ssec.1) Any person in whose possession or custody any animal that is stock on which any registered brand or registered mark has been altered, defaced, or otherwise rendered indistinguishable, or reasonably suspected to have been altered, defaced, or otherwise rendered indistinguishable, is found, is guilty of a misdemeanour, unless the person proves that the person came lawfully by the animal 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 so found.
(sch.1-sec.448A-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units.
(sch.1-sec.448A-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 animal in question.