Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision A - General postal offences  

SECTION 471.5   Dishonest use of previously used, defaced or obliterated stamps  

(1)  
A person commits an offence if the person dishonestly uses for postal services a postage stamp:


(a) that has previously been used for postal services; or


(b) that has been obliterated; or


(c) that has been defaced.

Penalty: Imprisonment for 12 months.

(2)  
If, in proceedings for an offence against subsection (1) , it is proved that the defendant caused an article to or on which was affixed or printed a postage stamp:


(a) that had previously been used for postal services; or


(b) that had been obliterated; or


(c) that had been defaced;

to be carried by post, it is presumed, in the absence of evidence to the contrary, that the defendant used the stamp for postal services.

(3)  
The burden of proof in respect of evidence to the contrary is an evidential burden of proof.




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