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Act index » Part I - Provisions applicable throughout Victoria » Division 2 - General Offences tending to Personal Injury, or Damage to Property, &c.
26 Unexplained possession of personal property reasonably suspected to be stolen
(1)Any person having in his actual possession or conveying in any manner any personal property whatsoever reasonably suspected of being stolen or unlawfully obtained whether in or outside Victoria may be arrested either with or without warrant and brought before a bail justice or the Magistrates' Court, or may be summoned to appear before the Magistrates' Court.
S. 26(1) amended by Nos 7876 s. 2(3), 8226 s. 3(1), 70/1987 s. 7(a), 57/1989 s. 3(Sch. item 190.5(a)(b)).
(2)If such person does not in the opinion of the court give a satisfactory account as to how he came by such property he shall be guilty of an offence. Penalty: Imprisonment for one year.
(3)Upon proof that any property was or had been in the actual possession of such person or under his control and whether or not such person still has possession or control thereof when brought before the court the property shall for the purposes of this section be deemed to be in his actual possession.
(4)Where a person is charged before the Magistrates' Court with an offence under this section the court may proceed to hear and determine the matter notwithstanding that it appears from the evidence that the person charged stole or unlawfully obtained the property concerned in a place outside Victoria in circumstances amounting to the commission of a criminal offence in that place.