Criminal Law Consolidation Act 1935


Part 3A—Offences relating to public order



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Part 3A—Offences relating to public order

83A—Interpretation

In this Part—

violence means any violent conduct, so that—

(a) except for the purposes of section 83C, it includes violent conduct towards property as well as violent conduct towards persons; and

(b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct.

Example—

Throwing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person.

83B—Riot

(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

Maximum penalty:

(a) for a basic offence—imprisonment for 7 years;

(b) for an aggravated offence—imprisonment for 10 years.

(2) It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously.

(3) The common purpose may be inferred from conduct.

(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5) Riot may be committed in private as well as in public places.

(6) A person is guilty of riot only if the person intends to use violence or is aware that his or her conduct may be violent.

(7) Subsection (6) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence.

(8) If at a trial of a person for riot the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of the offence constituted by section 6A of the Summary Offences Act 1953 (violent disorder), the jury may bring in a verdict that the accused is guilty of that offence.

83C—Affray

(1) A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray.

Maximum penalty:

(a) for a basic offence—imprisonment for 3 years;

(b) for an aggravated offence—imprisonment for 5 years.

(2) If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).

(3) For the purposes of this section, a threat cannot be made by the use of words alone.

(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5) Affray may be committed in private as well as in public places.

(6) A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.

(7) An offence of affray may be charged on complaint and be prosecuted and dealt with by the Magistrates Court as a summary offence but, if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 2 years, the Court must commit the person to the District Court for sentence.

(8) For the avoidance of doubt, a person who is convicted of the offence of affray that has been prosecuted and dealt with as a summary offence in accordance with subsection (7) is, despite that fact, taken to have been convicted of an indictable offence for the purposes of any Act or law.

Part 4—Offences with respect to property

84—Preliminary

(1) In this Part—

building means any building (whether used for non residential or residential purposes), and includes—

(a) a part of a building; and

(b) a structure, vehicle or vessel, or part of a structure, vehicle or vessel, used for residential purposes;

to damage in relation to property includes—

(a) to destroy the property;

(b) to make an alteration to the property that depreciates its value;

(c) to render the property useless or inoperative;

(d) in relation to an animal—to injure, wound or kill the animal,

and damage has a corresponding meaning;



owner of property means a person wholly entitled to the property both at law and in equity.

(2) Where a person damages, or attempts to damage, property of which the person is not the owner, that property shall (whether or not that person has some legal or equitable interest in it) be regarded as property of another for the purposes of this Part.

(3) In proceedings for an offence against this Part in which it is necessary to quantify damage or potential damage in terms of a monetary amount—

(a) no regard shall be had to any reduction or possible reduction of the damage through the intervention of some person other than the accused; and

(b) where actual damage occurred and was in fact reduced by such intervention, the damage shall be deemed to include the potential damage that was prevented by that intervention.

85—Arson and other property damage

(1) A person who, without lawful excuse, by fire or explosives, damages property that is a building or motor vehicle (whether the property belongs to the person or to another)—

(a) intending to damage property; or

(b) being recklessly indifferent as to whether his or her conduct damages property,

is guilty of arson.

Maximum penalty: Imprisonment for life.

(2) A person who, without lawful excuse, damages (other than by fire or explosives) another's property that is a building or motor vehicle—

(a) intending to damage property; or

(b) being recklessly indifferent as to whether his or her conduct damages property,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(3) A person who, without lawful excuse, damages another's property (other than a building or motor vehicle)—

(a) intending to damage property; or

(b) being recklessly indifferent as to whether his or her conduct damages property,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(4) A person who, without lawful excuse, threatens to damage another's property—

(a) intending to arouse a fear that the threat will be, or is likely to be, carried out; or

(b) being recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

(a) for a basic offence—imprisonment for 5 years;

(b) for an aggravated offence (other than an offence to which paragraph (c) applies)—imprisonment for 7 years;

(c) for an offence aggravated by a threat to commit arson—imprisonment for 15 years.

(5) Subsection (4) applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct.

85A—Recklessly endangering property

(1) Where—

(a) a person does an act knowing that the act creates a substantial risk of serious damage to the property of another; and

(b) the person does not have lawful authority to do so and knows that no such lawful authority exists,

the person is guilty of an offence.

Penalty: Imprisonment for 6 years.

(2) It is a defence to a charge of an offence against this section for the accused to prove an honest belief that the act constituting the charge was reasonable and necessary for the protection of life or property.

85B—Special provision for causing a bushfire

(1) A person who causes a bushfire—

(a) intending to cause a bushfire; or

(b) being recklessly indifferent as to whether his or her conduct causes a bushfire,

is guilty of an offence.

Maximum penalty: Imprisonment for 20 years.

(2) A bushfire is a fire that burns, or threatens to burn, out of control causing damage to vegetation (whether or not other property is also damaged or threatened).

(3) An offence is not committed against this section if—

(a) the bushfire only damages vegetation (or other property) on either or both of the following:

(i) the land of the person who causes the fire;

(ii) the land of a person who authorised, or consented, to the act of the person who caused the fire; or

(b) the bushfire results from operations genuinely directed at preventing, extinguishing or controlling a fire.

86—Possession of object with intent to damage property

(1) Where—

(a) a person has custody or control of an object intending to use the object, or to cause or permit a person to use the object, to damage property of another; and

(b) there is no lawful authority for such use of the object and the person knows that no such lawful authority exists,

the person is guilty of an offence.

Penalty: Imprisonment for 2 years.

(2) It is a defence to a charge of an offence against this section for the accused to prove an honest belief that the intended damage to property was reasonable and necessary for the protection of life or property.

86A—Using motor vehicle without consent

(1) A person who, on a road or elsewhere, drives, uses or interferes with a motor vehicle without first obtaining the consent of the owner of the vehicle is guilty of an offence.

Penalty:

For a first offence—imprisonment for 2 years;

For a subsequent offence—imprisonment for not less than 3 months and not more than 4 years.

(2) Where an adult court finds a person guilty of an offence against this section, the court must (whether or not it convicts the person of the offence and in addition to any other order that it may make in relation to the person) order that the person be disqualified from holding or obtaining a driver's licence for a period of 12 months.

(3) Notwithstanding the Children's Protection and Young Offenders Act 1979 where the Children's Court finds a charge of an offence against this section proved against a child, the Court must (whether or not it convicts the child of the offence and in addition to any other order that it may make in relation to the child) order that the child be disqualified from holding or obtaining a driver's licence for a period of 12 months (commencing, in the case of a child who has not attained the qualifying age for a driver's licence, not earlier than when the child attains that age).

(4) The disqualification prescribed by subsection (2) or (3) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence.

(5) The court may, in addition to imposing a penalty under this section, order the defendant to pay to the owner of the motor vehicle driven, used or interfered with in contravention of this section such sum as the court thinks proper by way of compensation for loss or damage suffered by the owner.

(6) Subsections (1) and (5) do not apply to any person acting in the exercise of any power conferred, or the discharge of any duty imposed, under the Road Traffic Act 1961 or any other Act.

(7) In this section—

drive, driver's licence, motor vehicle, road and owner have the same meanings as in the Road Traffic Act 1961.

Part 4A—Computer offences

86B—Interpretation

In this Part—



computer data includes data in any form in which it may be stored or processed in a computer (including a computer program or part of a computer program);

electronic communication means the communication of computer data between computers by means of an electronic communication network;

electronic communication network means devices and systems by which computer data is communicated between computers and includes—

(a) a link or network that operates wholly or partially by wireless communication; and

(b) the world wide web;

impairment of electronic communication includes prevention or delay but does not include interception if the interception does not impair, prevent or delay the reception, at the intended destination, of the computer data that is being communicated;

modification of computer data includes—

(a) deletion or removal of the data;

(b) an alteration of the data;

(c) an addition to the data;



possession of computer data includes possession of the medium or device in which the computer data is stored;

serious computer offence means an offence against section 86E, 86F, 86G or 86H;

serious offence means an offence for which a maximum penalty of life imprisonment or imprisonment for a term of at least 5 years is prescribed;

use—a person uses a computer if the person causes the computer to perform a function.

86C—Meaning of unauthorised access to or modification of computer data

(1) Access to, or modification of, computer data is unauthorised unless it is done or made by the owner of the data or some other person who has an authorisation or licence (express or implied) from the owner of the data to have access or to make the modification.

(2) A person is to be regarded as the owner of computer data if—

(a) the person brought the data into existence or stored the data in the computer for his or her own purposes; or

(b) the data was brought into existence or stored in the computer at the request or on behalf of that person; or

(c) the person has a proprietary interest in, or possessory rights over, the medium in which the computer data is stored entitling the person to determine what data is stored in the medium and in what form.

(3) For the purposes of an offence against this Part, the onus of establishing that access to, or modification of, computer data was unauthorised lies on the prosecution.

86D—Meaning of unauthorised impairment of electronic communication

(1) An impairment of electronic communication is unauthorised unless it is caused by the person who is entitled to control use of the relevant electronic communication network or some other person who has an authorisation or licence (express or implied) from the person who is entitled to control use of the relevant electronic communication network to cause the impairment.

(2) A person is to be regarded as being entitled to control use of the relevant electronic communication network if the person is entitled by law to determine who is to have access to the network for the purpose of sending or receiving electronic communications.

(3) For the purposes of an offence against this Part, the onus of establishing that an impairment of electronic communication was unauthorised lies on the prosecution.

86E—Use of computer with intention to commit, or facilitate the commission of, an offence

(1) A person who—

(a) uses a computer to cause (directly or indirectly)—

(i) unauthorised access to or modification of computer data; or

(ii) an unauthorised impairment of electronic communication; and

(b) knows that the access, modification or impairment is unauthorised; and

(c) intends, by that access, modification or impairment to commit, or to facilitate the commission (either by that person or someone else) of, a serious offence (the principal offence),

is guilty of an offence.

Maximum penalty: The maximum penalty for an attempt to commit the principal offence.

(2) An offence may be committed under this section—

(a) whether the principal offence was to be committed at the time the computer was used or later; and

(b) even though it would have been impossible in the circumstances to commit the principal offence.

(3) If the principal offence is in fact committed—

(a) this section does not prevent the person who used the computer from being convicted as a principal offender or as an accessory to the commission of the principal offence; but

(b) a person is not liable to be convicted of the principal offence (or as an accessory to the principal offence) and of an offence against this section.

(4) A person cannot be convicted of an attempt to commit an offence against this section.

86F—Use of computer to commit, or facilitate the commission of, an offence outside the State

(1) A person who—

(a) uses a computer in this State to cause (directly or indirectly)—

(i) unauthorised access to or modification of computer data; or

(ii) an unauthorised impairment of electronic communication; and

knows that the access, modification or impairment is unauthorised; and

(b) intends, by that access, modification or impairment, to commit, or to facilitate the commission (either by that person or someone else) of, a prohibited act in another jurisdiction (the relevant jurisdiction),

is guilty of an offence.

Maximum penalty: The maximum penalty under the law of this State for an attempt to commit the prohibited act in this State.

(2) A prohibited act is an act that would—

(a) if committed with intent in the relevant jurisdiction, constitute an offence for which a maximum penalty of life imprisonment or imprisonment for a term of at least 5 years is prescribed; and

(b) if committed with intent in this State, constitute an offence for which a maximum penalty of life imprisonment or imprisonment for a term of at least 5 years is prescribed.

(3) A person may be convicted of an offence against this section—

(a) whether the prohibited act was to be committed at the time of the conduct to which the charge relates or later; and

(b) even though it would have been impossible in the circumstances to commit the prohibited act.

(4) A person cannot be convicted of an attempt to commit an offence against this section.

(5) In this section—

act includes an omission or state of affairs that is (if it occurred in this State) capable of constituting an element of an offence.

86G—Unauthorised modification of computer data

A person who—

(a) causes (directly or indirectly) an unauthorised modification of computer data; and

(b) knows that the modification is unauthorised; and

(c) intends, by that modification, to cause harm or inconvenience by impairing access to, or by impairing the reliability, security or operation of, computer data, or is reckless as to whether such harm or inconvenience will ensue,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

86H—Unauthorised impairment of electronic communication

A person who—

(a) causes (directly or indirectly) an unauthorised impairment of electronic communication; and

(b) knows that the impairment is unauthorised; and

(c) intends, by that impairment, to cause harm or inconvenience, or is reckless as to whether harm or inconvenience will ensue,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

86I—Possession of computer viruses etc with intent to commit serious computer offence

(1) A person is guilty of an offence if the person—

(a) produces, supplies or obtains proscribed data or a proscribed object; or

(b) is in possession or control of proscribed data or a proscribed object,

with the intention of committing, or facilitating the commission (either by that person or someone else) of, a serious computer offence.

Maximum penalty: Imprisonment for 3 years.

(2) In this section—



proscribed data means a computer virus or other computer data clearly designed or adapted to enable or facilitate the commission of a serious computer offence;

proscribed object means a document or other object clearly designed or adapted to enable or facilitate the commission of a serious computer offence.

Examples—

1 A disk, card or other data storage device containing a computer virus or other computer data adapted for the commission of a serious computer offence.

2 Instructions (whether in hard copy or electronic form) for carrying out a serious computer offence.

(3) If it is established in proceedings for an offence against this section that the defendant was in control of proscribed data, it is irrelevant—

(a) whether the data is stored inside or outside the State; or

(b) whether the defendant owned or was in possession of the medium or device in which the data was stored.

(4) A person may be convicted of an offence against this section even though it would have been impossible in the circumstances to commit the intended offence.

(5) A person cannot be convicted of an attempt to commit an offence against this section.

Part 5—Offences of dishonesty

Division 1—Preliminary

130—Interpretation

In this Part—



benefit means—

(a) a benefit of a proprietary nature; or

(b) a financial advantage; or

(c) a benefit of a kind that might be conferred by the exercise of a public duty in a particular way;



deal—a person deals with property if the person—

(a) takes, obtains or receives the property; or

(b) retains the property; or

(c) converts or disposes of the property; or

(d) deals with the property in any other way;

deceive means to engage in deception;

deception means a misrepresentation by words or conduct and includes—

(a) a misrepresentation about a past, present or future fact or state of affairs; or

(b) a misrepresentation about the intentions of the person making the misrepresentation or another person; or

(c) a misrepresentation of law;



detriment means—

(a) a detriment of a proprietary nature; or

(b) a financial disadvantage; or

(c) loss of an opportunity to gain a benefit; or

(d) a detriment of a kind that might result from the exercise of a public duty in a particular way;

document includes any record of information whether in documentary, magnetic, electronic or other form;

jury includes, where an offence is tried by a judge or magistrate sitting alone, the judge or magistrate acting as a tribunal of fact;

local conditions in relation to a particular situation includes—

(a) the physical environment; or

(b) the cultural environment, including—

(i) language;

(ii) law and customs;

(iii) the currency;

(iv) the level of prices that generally prevails for goods and services of various kinds;

machine means a machine, computer or device that stores information in electronic, magnetic or other form and includes anything designed for operation with such a machine, such as a credit card, smart card or other device;

manipulate, in relation to a machine, includes use of the machine to produce a particular result or effect and any act that affects how the machine operates or the result or effect of the machine's operation;

Examples—

1 An alteration to a computer program.

2 An alteration to a computer database.

owner of property means—

(a) a person who has a proprietary interest in the property other than an equitable interest arising under—

(i) an agreement to transfer or grant an interest in the property; or

(ii) a constructive trust; or

(b) in relation to property subject to a trust (other than a trust arising from an agreement to transfer or grant an interest in the property or a constructive trust)—a person who has a right to enforce the trust; or

(c) in relation to property received from or on account of another by a person who is under an obligation to deal with the property or its proceeds in a particular way—the person from whom, or on whose account, the property was received; or

(d) a person who is entitled to possession or control of the property,

(and, if there are 2 or more owners of property, a reference in this Part to the owner is a reference to both or all of them);



proceeds of property means money or property into which property has been converted by a transaction or series of transactions (involving sale, exchange, or any other form of dealing);

property means real or personal property and includes—

(a) money;

(b) intangible property (including things in action);

(c) electricity;

(d) a wild creature that is tamed or ordinarily kept in captivity or is reduced (or in the course of being reduced) into someone's possession;

steal—a person steals property if the person commits theft of the property or obtains it by deception; and stolen has a corresponding meaning;

stolen property means property stolen within or outside the State, but property ceases to be stolen property when—

(a) it is restored to the person from whom it was stolen or other lawful custody; or

(b) the person from whom it was stolen ceases to have a right to restitution;

tainted property means stolen property or property obtained from any other unlawful act or activity (within or outside the State), or the proceeds of such property (but property ceases to be tainted when it passes into the hands of a person who acquires it in good faith, without knowledge of the illegality, and for value);

transaction includes a gift.

131—Dishonesty

(1) A person's conduct is dishonest if the person acts dishonestly according to the standards of ordinary people and knows that he or she is so acting.

(2) The question whether a defendant's conduct was dishonest according to the standards of ordinary people is a question of fact to be decided according to the jury's own knowledge and experience and not on the basis of evidence of those standards.

(3) A defendant's willingness to pay for property involved in an alleged offence of dishonesty does not necessarily preclude a finding of dishonesty.

(4) A person does not act dishonestly if the person—

(a) finds property; and

(b) keeps or otherwise deals with it in the belief that the identity or whereabouts of the owner cannot be discovered by taking reasonable steps; and

(c) is not under a legal or equitable obligation with which the retention of the property is inconsistent.

(5) The conduct of a person who acts in a particular way is not dishonest if the person honestly but mistakenly believes that he or she has a legal or equitable right to act in that way.



Example—

A takes an umbrella violently from B honestly but mistakenly believing that B has stolen A's umbrella and that A is entitled to use force to get it back. In fact, it belongs to B. A is charged with robbery. A cannot be properly convicted on this charge because of his honest but mistaken belief (however unreasonable). However, he may still be guilty of an assault.

(6) A person who asserts a legal or equitable right to property that he or she honestly believes to exist does not, by so doing, deal dishonestly with the property.

Example—

A takes an umbrella violently from B honestly believing that the umbrella belongs to A and that A is entitled to possession of the umbrella (but knowing that she is not entitled to use force to get it back). The assertion of that possessory right (whether or not correctly founded in law) is not dishonest (and therefore cannot amount to theft) although the means used to get the umbrella back may well amount to some other offence.

132—Consent of owner

(1) A reference to the consent of the owner of property extends to—

(a) the implied consent of the owner (or owners); or

(b) the actual or implied consent of a person who has actual or implied authority to consent on behalf of the owner (or owners).

(2) A person is taken to have the implied consent of another if the person honestly believes, from the words or conduct of the other, that he or she has the other's consent.

(3) However, a person who knows that another's consent was obtained by dishonest deception is taken to act without consent.

133—Operation of this Part

(1) This Part operates to the exclusion of offences of dishonesty that exist at common law or under laws of the Imperial Parliament.

(2) However, the common law offence of conspiracy to defraud continues as part of the criminal law of the State.


Division 2—Theft

134—Theft (and receiving)

(1) A person is guilty of theft if the person deals with property—

(a) dishonestly; and

(b) without the owner's consent; and

(c) intending—

(i) to deprive the owner permanently of the property; or

(ii) to make a serious encroachment on the owner's proprietary rights.

Maximum penalty: Imprisonment for 10 years.

(2) A person intends to make a serious encroachment on an owner's proprietary rights if the person intends—

(a) to treat the property as his or her own to dispose of regardless of the owner's rights; or

(b) to deal with the property in a way that creates a substantial risk (of which the person is aware)—

(i) that the owner will not get it back; or

(ii) that, when the owner gets it back, its value will be substantially impaired.

(3) It is possible to commit theft as follows:

(a) a person may commit theft of property that has come lawfully into his or her possession;

(b) a person may commit theft of property by the misuse of powers that are vested in the person as agent or trustee or in some other capacity that allows the person to deal with the property.

Example—

Suppose that land is vested in a trustee in a fiduciary capacity. She is empowered under the instrument of trust to mortgage the land for the purposes of the trust. The trustee dishonestly mortgages the land as security for a personal liability that is unrelated to the trust. In this case, the trustee commits theft of the interest created by the mortgage.

(4) If a person honestly believes that he or she has acquired a good title to property, but it later appears that the title is defective because of a defect in the title of the transferor or for some other reason, the later retention of the property, or any later dealing with the property, by the person cannot amount to theft.

(5) Theft committed by receiving stolen property from another amounts to the offence of receiving but may be described either as theft or receiving in an instrument of charge and is, in any event, punishable as a species of theft.

(6) If a person is charged with receiving, the court may, if satisfied beyond reasonable doubt that the defendant is guilty of theft but not that the theft was committed by receiving stolen property from another, find the defendant guilty of theft.

135—Special provision with regard to land and fixtures

(1) A trespass to land, or other physical interference with land, cannot amount to theft of the land (even if it results in acquisition of the land by adverse possession).

(2) A thing attached to land, or forming part of land, can be stolen by severing it from the land.

136—General deficiency

(1) A person may be charged with, and convicted of, theft by reference to a general deficiency in money or other property.

(2) In such a case, it is not necessary to establish any particular act or acts of theft.


Division 3—Robbery

137—Robbery

(1) A person who commits theft is guilty of robbery if—

(a) the person—

(i) uses force, or threatens to use force, against another in order to commit the theft; or

(ii) uses force, or threatens to use force, against another in order to escape from the scene of the offence; and

(b) the force is used, or the threat is made, at the time of, or immediately before or after, the theft.

Maximum penalty:

(a) for a basic offence—imprisonment for 15 years;

(b) for an aggravated offence—imprisonment for life.

(3) If 2 or more persons jointly commit robbery in company, each is guilty of aggravated robbery.

Example—

Suppose that A and B plan to steal from a service station. A assaults the attendant while B takes money from the till. In this case, each is guilty of robbery on the principle enunciated by the High Court in McAuliffe v R ((1995) 183 CLR 108). Robbery committed in these circumstances is to be treated as aggravated robbery. In other words, the principle that, where robbery is committed jointly, each participant in the offence is guilty of aggravated robbery applies irrespective of whether all elements of robbery can be established against a particular person.



Division 4—Money laundering and dealing in instruments of crime

138—Money laundering

(1) A person who engages, directly or indirectly, in a transaction involving property the person knows to be tainted property is guilty of an offence.

Maximum penalty:

In the case of a natural person—Imprisonment for 20 years.

In the case of a body corporate—$600 000.

(2) A person who engages, directly or indirectly, in a transaction involving tainted property in circumstances in which the person ought reasonably to know that the property is tainted is guilty of an offence.

Maximum penalty:

In the case of a natural person—Imprisonment for 4 years.

In the case of a body corporate—$120 000.

(3) A transaction includes any of the following:

(a) bringing property into the State;

(b) receiving property;

(c) being in possession of property;

(d) concealing property;

(e) disposing of property.

138A—Dealing in instruments of crime

(1) A person who deals in property is guilty of an offence if—

(a) the person knows that—

(i) the property is an instrument of crime; and

(ii) the dealing may facilitate the commission of a crime or assist an offender to escape detection or avoid any other consequence of the crime; and

(b) the person's conduct is dishonest.

Maximum penalty:

In the case of a natural person—Imprisonment for 20 years.

In the case of a body corporate—$600 000.

(2) A person who deals in property is guilty of an offence if—

(a) the property is an instrument of crime; and

(b) the person—

(i) ought reasonably to know that it is an instrument of crime; and

(ii) is reckless about whether the dealing may facilitate the commission of a crime or assist an offender to escape detection or avoid any other consequence of the crime; and

(c) the person's conduct is dishonest.

Maximum penalty:

In the case of a natural person—Imprisonment for 4 years.

In the case of a body corporate—$120 000.

(3) In this section—

crime means—

(a) an indictable offence against the law of the State or a corresponding offence against the law of the Commonwealth, another State or a Territory, or a place outside Australia; or

(b) any of the following offences:

(i) an offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of Part 5 Division 2 of the Controlled Substances Act 1984; or

(ii) an offence against section 68(3) of the Criminal Law Consolidation Act 1935; or

(iii) an offence against section 28(1)(a) of the Summary Offences Act 1953;



instrument of crime means—

(a) property that has been used or is intended for use for or in connection with the commission of a crime; or

(b) property into which any such property has been converted.


Division 5—Deception

139—Deception

A person who deceives another and, by doing so—

(a) dishonestly benefits him/herself or a third person; or

(b) dishonestly causes a detriment to the person subjected to the deception or a third person,

is guilty of an offence.

Maximum penalty:

(a) for a basic offence—imprisonment for 10 years;

(b) for an aggravated offence—imprisonment for 15 years.


Division 6—Dishonest dealings with documents

140—Dishonest dealings with documents

(1) For the purposes of this section, a document is false if the document gives a misleading impression about—

(a) the nature, validity or effect of the document; or

(b) any fact (such as, for example, the identity, capacity or official position of an apparent signatory to the document) on which its validity or effect may be dependent; or

(c) the existence or terms of a transaction to which the document appears to relate.

(2) A document that is a true copy of a document that is false under the criteria prescribed by subsection (1) is also false.

(3) A person engages in conduct to which this section applies if the person—

(a) creates a document that is false; or

(b) falsifies a document; or

(c) has possession of a document knowing it to be false; or

(d) produces, publishes or uses a document knowing it to be false; or

(e) destroys, conceals or suppresses a document.

(4) A person is guilty of an offence if the person dishonestly engages in conduct to which this section applies intending—

(a) one of the following:

(i) to deceive another, or people generally, or to facilitate deception of another, or people generally, by someone else;

(ii) to exploit the ignorance of another, or the ignorance of people generally, about the true state of affairs;

(iii) to manipulate a machine or to facilitate manipulation of a machine by someone else; and

(b) by that means—

(i) to benefit him/herself or another; or

(ii) to cause a detriment to another.

Maximum penalty:

(a) for a basic offence—imprisonment for 10 years;

(b) for an aggravated offence—imprisonment for 15 years.

(5) A person cannot be convicted of an offence against subsection (4) on the basis that the person has concealed or suppressed a document unless it is established that—

(a) the person has taken some positive step to conceal or suppress the document; or

(b) the person was under a duty to reveal the existence of the document and failed to comply with that duty; or

(c) the person, knowing of the existence of the document, has responded dishonestly to inquiries directed at finding out whether the document, or a document of the relevant kind, exists.

(6) A person who has, in his or her possession, without lawful excuse, any article for creating a false document or for falsifying a document is guilty of an offence.

Maximum penalty: Imprisonment for 2 years.



Division 7—Dishonest manipulation of machines

141—Dishonest manipulation of machines

(1) A person who dishonestly manipulates a machine in order to—

(a) benefit him/herself or another; or

(b) cause a detriment to another,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(2) A person who dishonestly takes advantage of the malfunction of a machine in order to—

(a) benefit him/herself or another; or

(b) cause a detriment to another,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.



Division 8—Dishonest exploitation of advantage

142—Dishonest exploitation of position of advantage

(1) This section applies to the following advantages:

(a) the advantage that a person who has no disability or is not so severely disabled has over a person who is subject to a mental or physical disability1;

(b) the advantage that one person has over another where they are both in a particular situation and one is familiar with local conditions while the other is not2.

(2) A person is guilty of an offence if the person dishonestly exploits an advantage to which this section applies in order to—

(a) benefit him/herself or another; or

(b) cause a detriment to another.

Maximum penalty: Imprisonment for 10 years.

Note—

1 Compare R v Hinks [2000] 4 All ER 833.

2 Compare R v Lawrence [1972] AC 626.


Division 9—Miscellaneous offences of dishonesty

143—Dishonest interference with merchandise

A person who dishonestly interferes with merchandise, or a label attached to merchandise, so that the person or someone else can get the merchandise at a reduced price is guilty of an offence1.

Maximum penalty: Imprisonment for 2 years.



Note—

1 Compare R v Morris [1984] AC 320.

144—Making off without payment

(1) A person who, knowing that payment for goods or services is required or expected, dishonestly makes off intending to avoid payment is guilty of an offence.

Maximum penalty: Imprisonment for 2 years.

(2) This section does not apply if the transaction for the supply of the goods or services is—

(a) unlawful; or

(b) unenforceable as contrary to public policy.






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