What is considered 'property obtained' under the Defence Force Discipline Act?

In Plain English

The Defence Force Discipline Act 1982 deals with "property obtained" in the context of receiving stolen property. Here's a breakdown:

• Stolen Property: This isn't just what was originally stolen. It also includes property received as a result of the original theft, and property that's been exchanged for the stolen goods or the proceeds from selling them.
• Original Stolen Property: This is the stuff that was actually stolen in the first place, either through theft or some other illegal way.
• Previously Received Property: This is property that someone got while committing the offense of receiving stolen property.
• Tainted Property: This is property that comes from selling or exchanging the original stolen property or the "previously received property."
• When it's no longer "stolen": Property stops being considered stolen if it's given back to the person it was taken from, or if that person loses their right to get it back.

Detailed Explanation

The Defence Force Discipline Act 1982 provides a specific definition of "stolen property" for the purposes of the offence of receiving, outlined in section 47P. This definition extends beyond the initially stolen items to include other assets derived from them.

Here's a breakdown of the key terms, as defined in section 47P:

• Stolen Property (s 47P(3)): Property is considered stolen if it falls into one of three categories:
  • Original Stolen Property (s 47P(5)): This refers to the property that was initially taken through theft or other unlawful means. It remains "original stolen property" while in the possession or custody of the person who took it or the person for whom it was taken.
  • Previously Received Property (s 47P(6)): This is property received by someone in the course of committing the offence of receiving stolen property (s 47P(1)). It remains "previously received property" while in the possession or custody of the receiver.
  • Tainted Property (s 47P(8)): This includes property that is the result of a sale of, or exchange for, original stolen property or previously received property. The tainted property must be in the possession or custody of the original thief or unlawful obtainer, or the receiver of the previously received property.
• Exceptions (s 47P(4) & 47P(7)):
  • Land obtained through deception is specifically excluded from the definition of stolen property.
  • Property ceases to be considered "original stolen property" or "previously received property" under certain conditions (s 47P(7)):
    • When the property is restored to the person from whom it was taken or to other lawful possession.
    • When the person from whom the property was taken loses their right to restitution.
• Money Transfers (s 47P(9)): Specific provisions address money obtained through offences against section 134.1 of the Criminal Code (dealing with money transfers). In such cases:
  • The money is considered to be in the possession of the account holder while it remains credited to their account.
  • Failure to take reasonable steps to cancel the credit is considered receiving the property.
  • The provisions regarding property ceasing to be stolen (s 47P(7)) do not apply to such funds.
• Stolen Property Before Commencement (s 47P(10)): This clarifies that the provisions apply even to property taken before the commencement of this section, assuming that the act would have been an offence at the time.