Crimes Act 1900 No 40
Historical version for 19 May 2010 to 30 June 2010 (accessed 25 May 2013 at 07:41) Current version
Part 14ADivision 1

Division 1 Larceny and similar summary offences

501   (Renumbered as sec 496)

502   Possession of skin etc of stolen cattle

Whosoever, in whose possession there has been found the skin or carcass of any stolen cattle, or of any cattle reasonably suspected to have been stolen, or any part of any such skin or carcass, may be brought before or may be summoned to appear before the Local Court to show in what manner he or she became possessed of the same, and if there is reasonable cause to believe that he or she has dishonestly come by the same, and if he or she fails to satisfy the Court before whom the case is heard that he or she obtained the same without any knowledge or reasonable ground to suspect that the same was the skin or carcass, or part of the skin or carcass, of any stolen cattle, he or she shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

503   Stealing dogs

Whosoever steals any dog shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

504   Possessing stolen dog or skin

Whosoever has unlawfully in his or her possession any stolen dog, or the skin of any such dog, knowing the dog to have been stolen, shall, on conviction by the Local Court, be liable to pay a fine of 5 penalty units.

505   Stealing animals etc ordinarily kept in confinement

Whosoever:

steals any animal or bird ordinarily kept in a state of confinement, or for any domestic purpose, but not being the subject of larceny at Common Law, or

kills any such animal or bird with intent to steal the same, or any part thereof,

shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

506   Stealing animals etc ordinarily kept in confinement—second offence

Whosoever, having been convicted under this or any former Act of any such offence as is mentioned in section 505, afterwards commits any offence in the said section mentioned shall, on conviction by the Local Court, be liable to imprisonment for one year.

507   Possession of stolen animals etc

Whosoever in whose possession there has been found any such animal or bird as in section 505 mentioned, or the skin thereof, respectively, which to his or her knowledge has been stolen, or is the skin of a stolen animal or bird, shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

508   Possession of stolen animals etc—second offence

Whosoever, having been convicted, under this or any former Act, of any such offence as is mentioned in section 507, afterwards commits any offence in the said section mentioned, shall, on conviction by the Local Court, be liable to imprisonment for one year.

509   Restoration of such stolen animals etc

Any such animal or bird as is mentioned in section 505, or the skin thereof, which has been found in the possession of any person may be restored to the owner thereof by the order of the Local Court.

510   Setting engine for deer etc

Whosoever:

unlawfully and wilfully sets, or uses, any snare, or engine, for the purpose of taking or killing deer upon any inclosed land in the occupation of the owner of such deer, or

unlawfully and wilfully destroys any part of the fence of any land where deer are then kept

shall, on conviction by the Local Court, be liable to pay a fine of 5 penalty units.

511   (Repealed)

512   Taking fish in waters on private property

Whosoever unlawfully and wilfully takes, or destroys, any fish in any water being private property, shall, on conviction by the Local Court, be liable to pay the value of the fish taken or destroyed, in addition to a fine of 0.1 penalty unit.

513   Stealing shrubs etc

Whosoever steals, or destroys, or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

514   (Repealed)

515   Stealing etc live or dead fence etc

Whosoever steals, or cuts, breaks, or throws down with intent to steal, any part of any live or dead fence, or any material set up, or used, as a fence, or any stile, or gate, or any part thereof, respectively, shall, on conviction by the Local Court, be liable to pay the value of the property stolen, or the amount of injury done, in addition to a fine of 1 penalty unit.

516   (Repealed)

517   Unlawful possession of trees, fences etc

Whosoever, in whose possession the whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, wire, rail, stile, or gate, or any part thereof has been found, on being taken or summoned before the Local Court fails to satisfy the Court that he or she came lawfully by the same, shall on conviction be liable to pay the value of the property found, in addition to a fine of 1 penalty unit.

518   Stealing dead wood

Whosoever steals, or destroys, or damages with intent to steal, any dead wood, lying on land in the occupation of another person shall, on conviction by the Local Court, be liable to pay the value of the wood, in addition to a fine of 1 penalty unit.

519   (Repealed)

520   Stealing plants etc in gardens

Whosoever steals, or destroys, or damages with intent to steal, any plant, root, fruit, or vegetable produce, growing in any garden, orchard, pleasure-ground, nursery-ground, hothouse, greenhouse, or conservatory, shall, on conviction by the Local Court, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

521   Stealing plants etc not growing in gardens

Whosoever steals, or destroys, or damages with intent to steal, any cultivated root, or plant, used for the food of man or beast, or for medicine, or for distilling, or dyeing, or for any manufacture, and growing in any inclosed land, not being a garden, orchard, pleasure-ground, or nursery-ground, shall, on conviction by the Local Court be liable to pay a fine of 2 penalty units.

521A   Stealing of rock, stone etc

Whosoever steals:
(a)  any rock or rocks,
(b)  any stone or stones, or
(c)  any gravel, soil, sand or clay,
that is or are in, on or under, or forms or form part of any land shall, on conviction by the Local Court, be liable to imprisonment for 6 months, or to pay a fine of 5 penalty units, or both.

522   Possession of shipwrecked goods

Whosoever in whose possession any article belonging to a vessel in distress, or wrecked, stranded, or cast on shore, has been found, on being summoned before the Local Court, fails to satisfy them that he or she came lawfully by the same, shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both:

And such article shall, by the order of the Local Court, be delivered to or for the use of the owner.

523   Offering shipwrecked goods for sale

Whosoever offers for sale any article unlawfully taken, or reasonably suspected to have been so taken, from any vessel in distress, or wrecked, stranded, or cast on shore, and who, on being summoned before the Local Court, fails to satisfy them that he or she came lawfully by such article, or received the same without knowing or having cause to suspect that it had been so taken as aforesaid, shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.

And such article shall, by the order of the Local Court, be delivered to or for the use of the owner upon payment of a reasonable reward, to be ascertained by them, to the person who seized the same.

524   Seizure of such goods

Any person, to whom any article mentioned in section 523 is offered, or any officer of customs or police, may seize the same, and shall carry it to, or give notice of such seizure to, a Magistrate or an authorised officer.

525   Stealing or damaging books and other things in public library and other places

Whosoever steals, or removes, secretes, or damages with intent to steal, any book, print, manuscript, or other article, or any part thereof, kept for the purposes of reference, or exhibition, or of art, science, or literature, in any public library, or in any building belonging to the Queen, or to any university or college, or a council (within the meaning of the Local Government Act 1993), shall, on conviction by the Local Court, be liable to imprisonment for one year, and to pay a fine of 10 penalty units in addition to a fine equal to four times the value of the article stolen, or intended to have been stolen.

526   Term “Public Library”

Every collection of books, prints, manuscripts, or similar articles, kept in any school-of-arts, or mechanics-institute, or in any building, or room, occupied or habitually used by the members of any association, or the residents of any area (within the meaning of the Local Government Act 1993), as a reading-room, or library, shall be deemed a public library within the meaning of section 525.

526A–527B   (Repealed)

527C   Persons unlawfully in possession of property

(1)  Any person who:
(a)  has any thing in his or her custody,
(b)  has any thing in the custody of another person,
(c)  has any thing in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
(d)  gives custody of any thing to a person who is not lawfully entitled to possession of the thing,
      which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, is liable on conviction before the Local Court:
(a)  if the thing is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 1 year, or to a fine of 10 penalty units, or both, or
(b)  in the case of any other thing, to imprisonment for 6 months, or to a fine of 5 penalty units, or both.
(1A)  A prosecution for an offence under subsection (1) involving the giving of custody of a motor vehicle to a person who is not lawfully entitled to possession of the motor vehicle may be commenced at any time within 2 years after the date of commission of the offence.
(2)  It is a sufficient defence to a prosecution for an offence under subsection (1) if the defendant satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.
(3)  In this section:

motor vehicle has the same meaning as it has in Division 5A of Part 4.

premises includes any structure, building, vehicle, vessel or place, whether built on or not, and any part of any such structure, building, vehicle, vessel or place.

vessel means a vessel within the meaning of the Marine Safety Act 1998.

528   (Repealed)

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