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Defence Force Discipline Act 1982
45Unlawful possession of service property
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45 Unlawful possession of service property
(a) the person is in possession of service property; and
(b) the person has no lawful authority for being in possession of the property.
(3) It is a defence if the person proves that he or she:
(a) was not aware that he or she was in possession of the property; or
(b) was not aware that the property was service property; or
(c) had a reasonable excuse for his or her possession of the property without authority.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
Subdivision B—Possession of property suspected of having been unlawfully obtained
46 Possession of property suspected of having been unlawfully obtained
(a) the person is in possession of property; and
(b) the property may reasonably be suspected of having been unlawfully obtained.
(3) It is a defence if the person proves that he or she:
(a) was not aware that he or she was in possession of the property; or
(b) was not aware of the circumstances by reason of which that property may reasonably be suspected of having been unlawfully obtained; or
(c) had a reasonable excuse for his or her possession of the property.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
(4) It is a defence if the person proves that the property was not unlawfully obtained.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.
Subdivision C—Fraudulent conduct