Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)

Schedule 2   Administration of justice offences

Part 1   Amendment of the Crimes Act 1914

20   Section 49

Repeal the section, substitute:

49 Removing property under seizure

(1) A person commits an offence if:

(a) property has been attached, or taken, under the process or authority of a court; and

(b) the court was:

(i) a federal court; or

(ii) exercising federal jurisdiction; or

(iii) a court of a Territory; and

(c) the person receives, removes, retains, conceals or disposes of the property; and

(d) the person does so with the intention of hindering or defeating the attachment or process.

Penalty: Imprisonment for 2 years.

(2) Absolute liability applies to the paragraph (1)(b) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.


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