Receiving Stolen Property – Laws & Penalties in Australia

In Australia, receiving stolen property is a serious criminal offence. Even if you didn’t steal the item yourself, knowingly receiving, possessing, or handling stolen goods can lead to criminal prosecution, heavy fines, and imprisonment.

This offence often arises in situations involving second-hand purchases, pawn shop transactions, or assisting friends or family who are involved in theft. Ignorance of the law is not a defence—if you knew, or should have suspected, the item was stolen, you may be charged.

This guide explains what receiving stolen property means under Australian law, how charges are laid, what to expect in court, the available defences, and the legislation and penalties across each state and territory.

What Is Receiving Stolen Property?

Receiving stolen property (also known as receiving or handling stolen goods) occurs when a person:

• Receives, possesses, disposes of, or assists in concealing property

• Knowing, believing, or being reckless as to whether it was stolen or unlawfully obtained

Common examples include:

• Buying electronics or jewellery for a suspiciously low price

• Holding stolen items for someone else

• Accepting stolen goods as repayment or trade

• Reselling property later discovered to be stolen

The prosecution must prove:

1. The property was stolen or unlawfully obtained

2. You received or handled the property

3. You knew or were reckless as to the fact it was stolen

How Are Charges Laid by Police?

Police may charge someone with receiving stolen goods after:

• Searches reveal stolen property in their possession

• Serial numbers or CCTV footage trace property back to the original owner

• Admissions or messages showing knowledge of the theft

• Linking a person to known thieves or break-ins

Sometimes, a thief may name others who helped sell, store, or receive the stolen items during a police interview.

Court Process for Receiving Stolen Goods

The matter is usually heard in:

• Local or Magistrates’ Court for lower-value or summary offences

• District/County or Supreme Court for high-value property or repeat offences

Steps include:

1. First appearance – Plea entered

2. Brief of evidence – Disclosed by police

3. Negotiation or hearing – Depending on plea

4. Sentencing – Factors include value, criminal history, and knowledge

Penalties vary significantly based on whether the accused had actual knowledge, the value of the item, and whether it was resold.

Legal Defences to Receiving Stolen Property

Key defences include:

• Lack of knowledge – You did not know or suspect the item was stolen

• Reasonable belief – You had good reason to believe the item was lawfully owned

• No receipt – You never physically received or controlled the item

• Mistaken identity – You were not the person in possession of the goods

• Claim of right – You believed you had a legitimate claim to the item