47PReceiving

47P  Receiving

 (1) A person who is a defence member or a defence civilian commits an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.

 (2) For the purposes of this Act, an offence against subsection (1) is to be known as the offence of receiving.

Stolen property

 (3) For the purposes of this section, property is stolen property if, and only if:

 (a) it is original stolen property (as defined by subsection (5)); or

 (b) it is previously received property (as defined by subsection (6)); or

 (c) it is tainted property (as defined by subsection (8)).

This subsection has effect subject to subsections (4) and (7).

 (4) For the purposes of this section, stolen property does not include land obtained in the course of an offence against a law of the Commonwealth, a State or a Territory that involves obtaining property by deception (however described).

Original stolen property

 (5) For the purposes of this section, original stolen property is:

 (a) property, or a part of property, that:

 (i) was appropriated in the course of theft (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and

 (ii) is in the possession or custody of the person who so appropriated the property; or

 (b) property, or a part of property, that:

 (i) was otherwise unlawfully obtained (whether or not the property, or the part of the property, is in the state it was in when it was so obtained); and

 (ii) is in the possession or custody of the person who so obtained the property or the person for whom the property was so obtained.

Previously received property

 (6) For the purposes of this section, previously received property is property that:

 (a) was received in the course of an offence against subsection (1); and

 (b) is in the possession or custody of the person who received the property in the course of that offence.

 (7) For the purposes of this section, property ceases to be original stolen property or previously received property:

 (a) after the property is restored:

 (i) to the person from whom it was appropriated or obtained; or

 (ii) to other lawful possession or custody; or

 (b) after:

 (i) the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property; or

 (ii) a person claiming through the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property.