39Possession of stolen property

### 39 Possession of stolen property > *\[Section 39 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 \]* > > > (1)  [*\[Section 39 Subsection (1) amended by No. 15 of 2014, s. 42, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS42@EN) *\[Section 39 Subsection (1) amended by No. 32 of 1963, s. 19 \]*[*\[Section 39 Subsection (1) substituted by No. 86 of 2001, s. 18, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-086#GS18@EN) A person must not have possession or control of, or have had possession or control of, any property that is reasonably believed by a police officer to have been stolen or unlawfully obtained. > > > (1A)  [*\[Section 39 Subsection (1A) inserted by No. 86 of 2001, s. 18, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-086#GS18@EN) It is a defence to proceedings for an offence under [subsection (1)](#GS39@Gs1@EN) for a person to provide a satisfactory account of possession or control of the property. > > > (2)  *\[Section 39 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes [subsection (1)](#GS39@Gs1@EN) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding – > > > > > > (a) 12 months for a first offence; or > > > > > > > (b) 2 years for a second or subsequent offence.