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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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CRIMINAL CODE Sb. $SO-682 229<br />

(2) In this section the term “hollding” means any run, station, farm,<br />

freehold, leasehold or place where any animals or their young referred to<br />

herein are kept or depastured, and any premises or saleyard, but does not<br />

include any premises being a dwelling house oil: other building or place<br />

used for human habitation.<br />

Inserted by <strong>Act</strong> of 1973, No. 88, s. 12.<br />

6 ender5 on Arrest. When, on the arrest of any<br />

P<br />

offence relating to property, the property in<br />

respect of which the offence is alleged to be committed is found in his<br />

possession, the person arresting him may take such property before a<br />

justice to be dealt with according to law.<br />

A. pOWt!Z Of SWXC on Arrest. On the arrest of any person on a<br />

charge of an offence committed within or without <strong>Queensland</strong> relating to<br />

property it shall be lawful for a police officer to search, without warrant,<br />

in addition to the person of such person, any vehicle or other means of<br />

conveyance used by such person, and to take possession of any property<br />

reasonably suspected of being stolen or unlawfully obtained.<br />

<strong>The</strong> provisions of this section shall be in addition to and not in<br />

derogation from any other provision of this <strong>Code</strong>.<br />

Inserted by <strong>Act</strong> of 1943, 7 Geo. 6 No. 14, s. 28.<br />

for Cshing, etc, If any person<br />

finds in any place whatever, or in the possession of any person who has<br />

the same without lawful authority or excuse-<br />

(a) Any counterfeit gold, silver, or copper, coin; or<br />

(b) Any tool, instrument, or machine, adapted and intended for<br />

making any such counterfeit coin; or<br />

(c) Any filings or clippings of gold or silver, or any gold or<br />

silver in bullion, dust, solution, or any other state, which<br />

are or is suspected, on reasonable grounds, to have been<br />

obtained by dealing with any current gold or silver coin in.<br />

such a manner as to diminish its weight;<br />

the person who so finds the same may seize the thing or things found,<br />

and to take the same forthwith before a justice to be dealt with according<br />

to law.<br />

@f ~ ~ i ~ ~ ~ .<br />

When anything is seized or taken under<br />

the provisions of this <strong>Code</strong>, the person seizing or taking it is required<br />

forthwith to carry it before a justice.<br />

<strong>The</strong> justice may cause the thing so seized or taken to be detained<br />

in such custody as he may direct, taking reasonable care for its preserva-<br />

tion, until the conclusion of any investigation that may be held with<br />

respect to it; and, if any person is committed for trial for any offence<br />

committed with respect to the thing so seized or taken, or committed<br />

under such circumstances that the thing so seized or taken is likely to<br />

afford evidence at the trial, he may cause it to be further detained in like<br />

manner for the purpose of being produced in evidence at such trial.<br />

If no person is so committed, the justice is required to direct that<br />

the thing be returned to the person from whom it was taken, unless he is<br />

authorised or required by law to dispose of it otherwise.<br />

If the thing so seized or taken is anything forged or counterfeit,<br />

or is of such a nature that a person who has it in his possession without<br />

lawful authority or excuse is guilty of an offence, then, if any person<br />

is committed for trial for any offence committed with respect to it or

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