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Selling Materials to be Manufactured

Selling Materials to be Manufactured is an offence under Section 151 of the Crimes Act 1900 which carries a maximum penalty of 4 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were employed for, or in connection with, the purpose of manufacturing any goods, articles or materials or were entrusted with any such goods, articles or materials, or with any tools or apparatus used for manufacturing, and
  2. You sold, pawned, purloined, secreted, embezzled, exchanged or otherwise fraudulently disposed of same, or any part of same

‘Purposes of manufacture’ includes making, preparing or otherwise working on the goods, articles or materials.

Defences to the charge include:

  1. Duress, and
  2. Claim of right, which means you genuinely believed you were legally entitled to the property

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