Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 7

7 Receiving or possessing property obtained from trafficking or supplying

(1) A person who receives or possesses property, other than a dangerous drug, (
"offence property" ) obtained, directly or indirectly, from the commission of—

(a) an offence defined in section 5 or 6 ; or

(b) an act done at a place not in Queensland which if it had been done in Queensland would have constituted an offence defined in section 5 or, as the case may be, 6, and which is an offence under the laws in force in the place where it was done;

knowing or believing the property to have been so obtained, is guilty of a crime.

Penalty—

Maximum penalty—20 years imprisonment.

(2) Where the offence property has been—

(a) mortgaged, pledged or exchanged for other property; or

(b) converted into other property in any manner whatever;

any person who knowing or believing—

(c) that the other property is wholly or in part the property for which the offence property has been mortgaged, pledged or exchanged or into which the same has been converted; and

(d) that the offence property was obtained under such circumstances as to constitute a crime under subsection (1) ;

receives or possesses the whole or any part of the other property for which the offence property has been mortgaged, pledged or exchanged or into which the offence property has been converted, is guilty of a crime.

Penalty—

Maximum penalty—20 years imprisonment.

(2A) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.

(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

(3) For the purpose of proving the receiving of property it is sufficient to show that the accused person has, either alone or jointly with some other person, aided in concealing the property or disposing of it.