Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 (ACT)

Case

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004

A2004-15

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. Definitions—default application date and immediately applied provisions, definition of immediately applied provisions


    Section 10  2

  5. New chapter 3  3

  6. Definitions for pt 4.1


    Section 100, definition of property  70

  7. Sections 100 to 125  70

  8. Dictionary, new definitions  70

  9. Dictionary, definition of property  72

  10. Dictionary, new definitions  73

Schedule 1Consequential amendments—corporate criminal responsibility      74

Part 1.1Animal Welfare Act 1992  74

Part 1.2Casino Control Act 1988  75

Part 1.3Cemeteries and Crematoria Act 2003  77

Part 1.4Classification (Publications, Films and Computer Games) (Enforcement) Act 1995  78

Part 1.5Clinical Waste Act 1990  80

Part 1.6Consumer Credit (Administration) Act 1996               81

Part 1.7Coroners Act 1997  82

Part 1.8Discrimination Act 1991  83

Part 1.9Door-to-Door Trading Act 1991  84

Part 1.10Drugs of Dependence Act 1989  88

Part 1.11Electoral Act 1992  88

Part 1.12Electricity Safety Act 1971  90

Part 1.13Environment Protection Act 1997  90

Part 1.14Financial Institutions Duty Act 1987  92

Part 1.15Firearms Act 1996  93

Part 1.16Fisheries Act 2000  94

Part 1.17Food Act 2001  96

Part 1.18Gambling and Racing Control Act 1999  97

Part 1.19Gaming Machine Act 1987  99

Part 1.20Gene Technology Act 2003  99

Part 1.21Guardianship and Management of Property Act 1991   100

Part 1.22Health Records (Privacy and Access) Act 1997         102

Part 1.23Independent Competition and Regulatory Commission Act 1997  103

Part 1.24Interactive Gambling Act 1998  105

Part 1.25Juries Act 1967  106

Part 1.26Lakes Act 1976  107

Part 1.27Land (Planning and Environment) Act 1991              109

Part 1.28Legal Practitioners Act 1970  110

Part 1.29Liquor Act 1975  112

Part 1.30Listening Devices Act 1992  113

Part 1.31Nature Conservation Act 1980  114

Part 1.32Occupational Health and Safety Act 1989                116

Part 1.33Pharmacy Act 1931  117

Part 1.34Podiatrists Act 1994  118

Part 1.35Psychologists Act 1994  118

Part 1.36Tobacco Act 1927  119

Part 1.37Waste Minimisation Act 2001  120

Part 1.38Water Resources Act 1998  121

Schedule 2Consequential amendments—redundant offences      123

Part 2.1ACTION Authority Act 2001  123

Part 2.2Adoption Act 1993  124

Part 2.3Animal Diseases Act 1993  125

Part 2.4Animal Welfare Act 1992  125

Part 2.5Annual Leave Act 1973  126

Part 2.6Architects Act 1959  126

Part 2.7Associations Incorporation Act 1991  126

Part 2.8Births, Deaths and Marriages Registration Act 1997     127

Part 2.9Blood Donation (Transmittable Diseases) Act 1985    127

Part 2.10Building Act 2004  128

Part 2.11Building and Construction Industry Training Levy Act 1999       128

Part 2.12Business Names Act 1963  129

Part 2.13Casino Control Act 1988  129

Part 2.14Cemeteries and Crematoria Act 2003  131

Part 2.15Charitable Collections Act 2003  131

Part 2.16Children and Young People Act 1999  132

Part 2.17Clinical Waste Act 1990  133

Part 2.18Commissioner for the Environment Act 1993           133

Part 2.19Community and Health Services Complaints Act 1993 133

Part 2.20Consumer and Trader Tribunal Act 2003                 134

Part 2.21Consumer Credit (Administration) Act 1996             134

Part 2.22Cooperatives Act 2002  134

Part 2.23Court Security Act 2001  134

Part 2.24Debits Tax Act 1997  135

Part 2.25Dental Technicians and Dental Prosthetists Registration Act 1988        135

Part 2.26Discrimination Act 1991  135

Part 2.27Domestic Animals Act 2000  136

Part 2.28Drugs of Dependence Act 1989  137

Part 2.29Duties Act 1999  137

Part 2.30Education Act 1937  138

Part 2.31Electoral Act 1992  138

Part 2.32Electricity Safety Act 1971  138

Part 2.33Environment Protection Act 1997  139

Part 2.34Fair Trading (Consumer Affairs) Act 1973                140

Part 2.35Firearms Act 1996  140

Part 2.36First Home Owner Grant Act 2000  141

Part 2.37Fisheries Act 2000  142

Part 2.38Food Act 2001  142

Part 2.39Fuels Control Act 1979  142

Part 2.40Gambling and Racing Control Act 1999                   143

Part 2.41Gas Safety Act 2000  143

Part 2.42Gas Safety Regulations 2001  143

Part 2.43Hawkers Act 2003  144

Part 2.44Health Professions Boards (Elections) Act 1980        144

Part 2.45Intoxicated Persons (Care and Protection) Act 1994     144

Part 2.46Judicial Commissions Act 1994  145

Part 2.47Lakes Act 1976  145

Part 2.48Land (Planning and Environment) Act 1991              146

Part 2.49Land Titles Act 1925  146

Part 2.50Legal Aid Act 1977  146

Part 2.51Liquor Act 1975  147

Part 2.52Long Service Leave Act 1976  147

Part 2.53Lotteries Act 1964  148

Part 2.54Machinery Regulations 1950  148

Part 2.55Magistrates Court (Civil Jurisdiction) Act 1982          149

Part 2.56Mental Health (Treatment and Care) Act 1994           149

Part 2.57Nurses Act 1988  150

Part 2.58Occupational Health and Safety Act 1989                151

Part 2.59Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000  152

Part 2.60Occupational Health and Safety Regulations 1991      152

Part 2.61Ombudsman Act 1989  152

Part 2.62Optometrists Act 1956  153

Part 2.63Pawnbrokers Act 1902  154

Part 2.64Periodic Detention Regulations 1995  154

Part 2.65Pharmacy Act 1931  155

Part 2.66Physiotherapists Act 1977  156

Part 2.67Plant Diseases Act 2002  156

Part 2.68Poisons Act 1933  156

Part 2.69Pool Betting Act 1964  156

Part 2.70Pounds Act 1928  156

Part 2.71Prohibited Weapons Act 1996  156

Part 2.72Prostitution Act 1992  157

Part 2.73Public Baths and Public Bathing Act 1956               157

Part 2.74Public Health Act 1997  157

Part 2.75Public Interest Disclosure Act 1994  158

Part 2.76Radiation Act 1983  158

Part 2.77Rates and Land Tax Act 1926  159

Part 2.78Rehabilitation of Offenders (Interim) Act 2001           160

Part 2.79Road Transport (Driver Licensing) Act 1999             161

Part 2.80Road Transport (Driver Licensing) Regulations 2000   162

Part 2.81Road Transport (General) Act 1999  162

Part 2.82Royal Commissions Act 1991  162

Part 2.83Sale of Motor Vehicles Act 1977  162

Part 2.84Scaffolding and Lifts Act 1912  163

Part 2.85Second-hand Dealers Act 1906  163

Part 2.86Smoke-free Areas (Enclosed Public Places) Act 1994  163

Part 2.87Stock Act 1991  164

Part 2.88Surveyors Act 2001  164

Part 2.89Taxation Administration Act 1999  164

Part 2.90Tobacco Act 1927  166

Part 2.91Trade Measurement Act 1991  166

Part 2.92Transplantation and Anatomy Act 1978                   167

Part 2.93Tree Protection (Interim Scheme) Act 2001               168

Part 2.94Utilities Act 2000  168

Part 2.95Utilities (Water Restrictions) Regulations 2002          168

Part 2.96Vocational Education and Training Act 2003            168

Part 2.97Waste Minimisation Act 2001  169

Part 2.98Water and Sewerage Act 2000  169

Part 2.99Water Resources Act 1998  169

Schedule 3Other consequential amendments  171

Part 3.1Bail Act 1992  171

Part 3.2Crimes Act 1900  173

Part 3.3Crimes (Offences against the Government) Act 1989   175

Part 3.4Magistrates Court Act 1930  176

Part 3.5Victims of Crime (Financial Assistance) Act 1983       176

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004

A2004-15

An Act to amend the Criminal Code 2002, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004.

  2. Commencement

  3. This Act (other than schedule 3, part 3.1) commences on the 14th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  4. Schedule 3, part 3.1 (Bail Act 1992) commences immediately after the commencement of the Bail Amendment Act 2004, section 5.

  5. Legislation amended

    This Act amends the Criminal Code 2002.

    NoteThis Act also amends other legislation (see schs 1, 2 and 3).

  6. Definitions—default application date and immediately applied provisions, definition of immediately applied provisions
    Section 10

    insert

    ·part 2.5 (Corporate criminal responsibility)

  7. New chapter 3

    insert

Chapter 3Theft, fraud, bribery and related offences

Part 3.1Interpretation for chapter 3

  1. Definitions for ch 3

    In this chapter:

    belongs, in relation to property—see section 301.

    cause, a loss, means cause a loss to someone else.

    dishonest means—

    (a)dishonest according to the standards of ordinary people; and

    (b)known by the defendant to be dishonest according to the standards of ordinary people.

    Note 1The following provisions affect the meaning of dishonest:

    ·     s 303 (Dishonesty for pt 3.2)

    ·     s 327 (Dishonesty for div 3.3.2)

    ·     s 354 (Dishonesty for pt 3.7).

    Note 2In a prosecution, dishonesty is a matter for the trier of fact (see s 302).

    duty, of a person who is a public official, means a function that—

    (a)is given to the person as a public official; or

    (b)the person holds himself or herself out as having as a public official.

    gain means—

    (a)a gain in property, whether temporary or permanent; or

    (b)a gain by way of the supply of services;

    and includes keeping what one has.

    loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.

    obtain includes—

    (a)obtain for someone else; and

    (b)induce a third person to do something that results in someone else obtaining.

    NoteThe following provisions affect the meaning of obtain:

    ·     s 314 (a) (Receiving—meaning of stolen property)

    ·     s 328 (Obtains for div 3.3.2)

    ·     s 335 (6) (Obtaining financial advantage from the Territory)

    ·     s 355 (Obtain for pt 3.7).

    public duty means a duty of a public official.

    public official means a person having public official functions, or acting in a public official capacity, and includes the following:

    (a)a Territory public official;

    (b)a member of the legislature of the Commonwealth, a State or another Territory;

    (c)a member of the executive of the Commonwealth, a State or another Territory;

    (d)a member of the judiciary, the magistracy or a tribunal of the Commonwealth, a State or another Territory;

    (e)a registrar or other officer of a court or tribunal of the Commonwealth, a State or another Territory;

    (f)an individual who occupies an office under a law of the Commonwealth, a State, another Territory or a local government;

    (g)an officer or employee of the Commonwealth, a State, another Territory or a local government;

    (h)an officer or employee of an authority or instrumentality of the Commonwealth, a State, another Territory or a local government;

    (i)an individual who is otherwise in the service of the Commonwealth, a State, another Territory or a local government (including service as a member of a military or police force or service);

    (j)a contractor who exercises a function or performs work for the Commonwealth, a State, another Territory or a local government.

    services includes any rights (including rights in relation to, and interests in, property), benefits, privileges or facilities, but does not include rights or benefits that are the supply of goods.

    supply includes—

    (a)in relation to goods—supply (or re-supply) by way of sale, exchange, lease, hire or hire-purchase; and

    (b)in relation to services—provide, grant and confer.

    Territory public official means a person having public official functions for the Territory, or acting in a public official capacity for the Territory, and includes the following:

    (a)a member of the Legislative Assembly;

    (b)a Minister;

    (c)a judge, magistrate or tribunal member;

    (d)the master of the Supreme Court;

    (e)the registrar or other officer of a court or tribunal;

    (f)a public servant;

    (g)an officer or employee of a Territory authority or instrumentality;

    (h)a statutory office-holder or an officer or employee of a statutory office-holder;

    (i)a police officer;

    (j)a contractor who exercises a function or performs work for the Territory, a Territory authority or instrumentality or a statutory office-holder.

  2. Person to whom property belongs for ch 3

  3. Property belongs to anyone having possession or control of it, or having any proprietary right or interest in it (other than an equitable interest arising only from an agreement to transfer or grant an interest, or from a constructive trust).

  4. This section is subject to section 330 (Money transfers).

    NoteSection 305 (Person to whom property belongs for pt 3.2) affects the meaning of belongs.

  5. Dishonesty a matter for trier of fact

    In a prosecution for an offence against this chapter, dishonesty is a matter for the trier of fact.

Part 3.2Theft and related offences

Division 3.2.1           Interpretation for part 3.2

  1. Dishonesty for pt 3.2

  2. A person’s appropriation of property belonging to someone else is not dishonest if the person appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

  3. However, subsection (1) does not apply if the person appropriating the property held it as trustee or personal representative.

    NoteA defendant bears an evidential burden in relation to the matters mentioned in subsections (1) and (2) (see s 58 (3)).

  4. A person’s appropriation of property belonging to someone else can be dishonest even if the person or another person is willing to pay for it.

  5. Appropriation of property for pt 3.2

  6. Any assumption of the rights of an owner to ownership, possession or control of property, without the consent of a person to whom the property belongs, is an appropriation of the property.

  7. If a person has come by property (innocently or not) without committing theft, subsection (1) applies to any later assumption of those rights without consent by keeping or dealing with it as owner.

  8. If property is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights the person believed the person was acquiring is not an appropriation of property because of any defect in the transferor’s title.

  9. Person to whom property belongs for pt 3.2

  10. If property belongs to 2 or more people, a reference to the person to whom the property belongs is taken to be a reference to each of them.

  11. If property is subject to a trust—

    (a)the person to whom the property belongs includes anyone who has a right to enforce the trust; and

    (b)an intention to defeat the trust is an intention to deprive any such person of the property.

  12. Property of a corporation sole belongs to the corporation despite a vacancy in the corporation.

  13. If a person (A) receives property from or on account of someone else (B) and is under a legal obligation to B to retain and deal with the property or its proceeds in a particular way, the property or proceeds belong to B, as against A.

  14. If a person (A) gets property by someone else’s fundamental mistake and is under a legal obligation to make restoration (in whole or part) of the property, its proceeds or its value—

    (a)the property or its proceeds belong (to the extent of the obligation and as against A) to the person entitled to restoration (B); and

    (b)an intention not to make restoration is—

    (i)an intention to permanently deprive B of the property or proceeds; and

    (ii)an appropriation of the property or proceeds without B’s consent.

  15. In this section:

    fundamental mistake, in relation to property, means—

    (a)a mistake about the identity of the person getting the property; or

    (b)a mistake about the essential nature of the property; or

    (c)a mistake about the amount of any money, if the person getting the money is aware of the mistake when getting the money.

    money includes anything that is equivalent to money.

    Examples of things equivalent to money

    a cheque or other negotiable instrument

    an electronic funds transfer

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  16. Intention of permanently depriving for pt 3.2

  17. A person (A) has the intention of permanently depriving someone else (B) of property belonging to B if—

    (a)A appropriates property belonging to B without meaning B to permanently lose the property; and

    (b)A intends to treat the property as A’s own to dispose of regardless of B’s rights.

  18. For subsection (1), if A borrows or lends property belonging to B, the borrowing or lending may amount to treating the property as A’s own to dispose of regardless of B’s rights if, but only if, the borrowing or lending is for a period, and in circumstances, making it equivalent to an outright taking or disposal.

  19. Without limiting this section, if—

    (a)A has possession or control (lawfully or not) of property belonging to B; and

    (b)A parts with the property under a condition about its return that A may not be able to carry out; and

    (c)the parting is done for A’s own purposes and without B’s authority;

    the parting amounts to treating the property as A’s own to dispose of regardless of B’s rights.

  20. This section does not limit the circumstances in which a person can be taken to have the intention of permanently depriving someone else of property.

  21. General deficiency

    A person may be found guilty of theft of all or any part of a general deficiency in money or other property even though the deficiency is made up of a number of particular amounts of money or items of other property that were appropriated over a period.

Division 3.2.2           Indictable offences for part 3.2

  1. Theft

    A person commits an offence (theft) if the person dishonestly appropriates property belonging to someone else with the intention of permanently depriving the other person of the property.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

    NoteFor alternative verdict provisions applying to this offence, see s 370, s 371 and s 372.

  2. Robbery

    A person commits an offence (robbery) if—

    (a)the person commits theft; and

    (b)when committing the theft, or immediately before or immediately after committing the theft, the person—

    (i)uses force on someone else; or

    (ii)threatens to use force then and there on someone else;

    with intent to commit theft or to escape from the scene.

    Maximum penalty:  1 400 penalty units, imprisonment for 14 years or both.

    NoteTheft means an offence against s 308 or s 321.

  3. Aggravated robbery

    A person commits an offence (aggravated robbery) if the person—

    (a)commits robbery in company with 1 or more people; or

    (b)commits robbery and, at the time of the robbery, has an offensive weapon with him or her.

    Maximum penalty:  2 500 penalty units, imprisonment for 25 years or both.

    NoteRobbery means an offence against s 309.

  4. Burglary

  5. A person commits an offence (burglary) if the person enters or remains in a building as a trespasser with intent—

    (a)to commit theft of any property in the building; or

    (b)to commit an offence that involves causing harm, or threatening to cause harm, to anyone in the building; or

    (c)to commit an offence in the building that—

    (i)involves causing damage to property; and

    (ii)is punishable by imprisonment for 5 years or longer.

    Maximum penalty:  1 400 penalty units, imprisonment for 14 years or both.

  6. In subsection (1) (b) and (c), offence includes an offence against a Commonwealth law.

  1. Absolute liability applies to subsection (1) (c) (ii).

  2. For this section, a person is not a trespasser only because the person is permitted to enter or remain in the building—

    (a)for a purpose that is not the person’s intended purpose; or

    (b)because of fraud, misrepresentation or someone else’s mistake.

  3. In this section:

    building includes the following:

    (a)a part of any building;

    (b)a mobile home or caravan;

    (c)a structure (whether or not moveable), vehicle, or vessel, that is used, designed or adapted for residential purposes.

  4. Aggravated burglary

    A person commits an offence (aggravated burglary) if the person—

    (a)commits burglary in company with 1 or more people; or

    (b)commits burglary and, at the time of the burglary, has an offensive weapon with him or her.

    Maximum penalty:  2 000 penalty units, imprisonment for 20 years or both.

  5. Receiving

  6. A person commits an offence (receiving) if the person dishonestly receives stolen property, knowing or believing the property to be stolen.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

    NoteFor an alternative verdict provision applying to receiving, see s 371.

  7. A person cannot be found guilty of both theft (or a related offence) and receiving in relation to the same property if the person retains custody or possession of the property.

  8. For this section—

    (a)it is to be assumed that section 308 to section 312 and section 326 had been in force at all times before the commencement of this section; and

    (b)property that was appropriated or obtained before the commencement of this section, does not become original stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a Territory law in force at that time.

  9. In this section:

    related offence means any of the following:

    (a)robbery;

    (b)aggravated robbery;

    (c)burglary;

    (d)aggravated burglary;

    (e)obtaining property by deception.

  10. Receiving—meaning of stolen property

  11. For section 313, property is stolen property if it is—

    (a)original stolen property; or

    (b)previously received property; or

    (c)tainted property.

  12. Stolen property may include all or any part of a general deficiency in money or other property even though the deficiency is made up of a number of particular amounts of money or items of other property that were appropriated or obtained over a period.

  13. Stolen property does not include land appropriated or obtained in the course of theft or obtaining property by deception.

  14. Property is original stolen property if it is—

    (a)property, or a part of property, that—

    (i)was appropriated—

    (A)in the ACT in the course of theft or a related offence; or

    (B)in a place outside the ACT in the course of an offence in that place that would have been theft or a related offence if it had happened in the ACT;

    whether or not the property, or the part of the property, is in the state it was in when it was appropriated; and

    (ii)is in the custody or possession of the person who appropriated it; or

    (b)property, or a part of property, that—

    (i)was obtained—

    (A)in the ACT in the course of obtaining property by deception; or

    (B)in a place outside the ACT in the course of an offence in that place that would have been obtaining property by deception if it had happened in the ACT;

    whether or not the property, or the part of the property, is in the state it was in when it was obtained; and

    (ii)is in the custody or possession of the person who obtained it or for whom it was obtained.

  15. Property is previously received property if it is property that—

    (a)was received—

    (i)in the ACT in the course of an offence of receiving; or

    (ii)in a place outside the ACT in the course of an offence in that place that would have been receiving if it had happened in the ACT; and

    (b)is in the custody or possession of the person who received it in the course of that offence.

  16. For subsections (4) and (5), property ceases to be original stolen property or previously received property—

    (a)when it is restored to the person from whom it was appropriated or obtained, or to other lawful custody or possession; or

    (b)when the person from whom it was appropriated or obtained, or anyone claiming through that person, ceases to have any right to restitution in relation to it.

  17. Property is tainted property if it—

    (a)is, in whole or part, the proceeds of sale of, or property exchanged for—

    (i)original stolen property; or

    (ii)previously received property; and

    (b)if paragraph (a) (i) applies—is in the custody or possession of—

    (i)for original stolen property appropriated as mentioned in subsection (4) (a) (i)—the person who appropriated it; or

    (ii)for original stolen property obtained as mentioned in subsection (4) (b) (i)—the person who obtained it or for whom it was obtained; and

    (c)if paragraph (a) (ii) applies—is in the custody or possession of the person who received the previously received property in the course of an offence mentioned in subsection (6) (a).

  18. If, because of the application of section 330 (Money transfers), an amount credited to an account held by a person is property obtained in the ACT in the course of obtaining property by deception (or outside the ACT in the course of an offence that would have been obtaining property by deception if it had happened in the ACT)—

    (a)the property is taken to be in the possession of the person while all or any part of the amount remains credited to the account; and

    (b)the person is taken to have received the property if the person fails to take the steps that are reasonable in the circumstances to ensure that the credit is cancelled; and

    (c)subsection (6) of this section does not apply to the property.

  19. The definition of obtain in section 300 does not apply to this section.

    NoteSee s 328 for the meaning of obtain for the application of this section to div 3.3.3 (Obtaining property by deception).

  20. In this section:

    account—see section 325.

    related offence means any of the following:

    (a)robbery;

    (b)aggravated robbery;

    (c)burglary;

    (d)aggravated burglary.

  21. Going equipped for theft etc

  22. A person commits an offence if the person, in any place other than the person’s home, has with him or her an article with intent to use it in the course of or in relation to theft or a related offence.

    Maximum penalty:  300 penalty units, imprisonment for 3 years or both.

  23. In this section:

    related offence means any of the following:

    (a)robbery;

    (b)aggravated robbery;

    (c)burglary;

    (d)aggravated burglary;

    (e)an offence against section 318 (Taking etc motor vehicle without consent);

    (f)obtaining property by deception.

  24. Going equipped with offensive weapon for theft etc

  25. A person commits an offence if the person, in any place other than the person’s home, has with him or her an offensive weapon with intent to use it in the course of or in relation to theft or a related offence.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

  26. In this section:

    related offence means any of the following:

    (a)robbery;

    (b)aggravated robbery;

    (c)burglary;

    (d)aggravated burglary.

  27. Making off without payment

  28. A person commits an offence if—

    (a)the person knows he or she is required or expected to make immediate payment for goods or services supplied by someone else; and

    (b)the person dishonestly makes off—

    (i)without having paid the amount owing; and

    (ii)with intent to avoid payment of the amount owing.

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

  29. This section does not apply in relation to a supply of goods or services that is contrary to law.

  30. In this section:

    immediate payment includes payment when collecting goods in relation to which a service has been supplied.

  31. Taking etc motor vehicle without consent

  32. A person commits an offence if the person—

    (a)dishonestly takes a motor vehicle belonging to someone else; and

    (b)does not have consent to take the vehicle from a person to whom it belongs.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

    Note 1Pt 2.3 (Circumstances where there is no criminal responsibility) provides for defences that apply to offences under the Code. These include the defence of lawful authority (see s 43).

    Note2    For the meaning of dishonest, see s 300.

  33. A person commits an offence if—

    (a)the person dishonestly drives or rides in or on a motor vehicle belonging to someone else; and

    (b)the vehicle was dishonestly taken by someone without the consent of a person to whom it belongs.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

    NoteFor alternative verdict provisions applying to an offence against this section, see s 370.

  34. In this section:

    car—see the Road Transport (Vehicle Registration) Regulations 2000, dictionary.

    car derivative—see the Road Transport (Vehicle Registration) Regulations 2000, dictionary.

    motorbike—see the Road Transport (Vehicle Registration) Regulations 2000, dictionary.

    motor vehicle means a car, car derivative or motorbike.

  35. Dishonestly taking Territory property

  36. A person (A) commits an offence if—

    (a)on a particular occasion, A dishonestly takes 1 or more items of property belonging to someone else; and

    (b)the other person is the Territory; and

    (c)A does not have consent to take the item or any of the items from a person who has the authority to consent; and

    (d)either—

    (i)the property has a replacement value or total replacement value of more than $500 when it is taken; or

    (ii)the absence of the item or any of the items from the custody, possession or control of the person who would otherwise have had custody, possession or control would be likely to cause substantial disruption to activities carried on by or for the Territory.

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

  37. Absolute liability applies to subsection (1) (b) and (d).

  38. In this section:

    Territory includes the following:

    (a)a Territory authority;

    (b)a Territory owned corporation;

    (c)a Territory instrumentality that is not a Territory authority or a Territory owned corporation.

  39. Dishonestly retaining Territory property

  40. A person (A) commits an offence if—

    (a)on a particular occasion, A takes 1 or more items of property belonging to someone else; and

    (b)the other person is the Territory; and

    (c)A dishonestly retains any or all of the items; and

    (d)A does not have consent to retain the item or any of the items dishonestly retained from a person who has the authority to consent; and

    (e)either—

    (i)the property dishonestly retained had a replacement value or total replacement value of more than $500 when it was taken; or

    (ii)the absence of the item, or any of the items, dishonestly retained from the custody, possession or control of the person who would otherwise have had custody, possession or control is likely to cause substantial disruption to activities carried on by or for the Territory.

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

  41. Absolute liability applies to subsection (1) (b) and (d).

  42. In this section:

    Territory—see section 319.

Division 3.2.3           Summary offences for part 3.2

  1. Minor theft

  2. A person commits an offence (also theft) if—

    (a)the person dishonestly appropriates property belonging to someone else with the intention of permanently depriving the other person of the property; and

    (b)the property has a replacement value of $2 000 or less when it is appropriated.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  3. Absolute liability applies to subsection (1) (b).

  4. This section does not prevent a person being charged with an offence against section 308 (Theft) if the replacement value of the property appropriated is $2 000 or less.

  5. Removal of articles on public exhibition

  6. A person commits an offence if—

    (a)the person dishonestly removes an article from premises; and

    (b)the premises are at any time open to the public; and

    (c)the article is publicly exhibited, or kept for public exhibition, at the premises; and

    (d)the person does not have the consent to remove the article from a person entitled to give the consent.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  7. Absolute liability applies to subsection (1) (b) and (c).

  8. This section does not apply in relation to an article that is publicly exhibited, or kept for public exhibition, for the purpose of selling, or any other commercial dealing with, the article or articles of that kind.

  9. In this section:

    premises includes any building or part of a building.

  10. Making off without payment—minor offence

  11. A person commits an offence if—

    (a)the person knows he or she is required or expected to make immediate payment for goods or services supplied by someone else; and

    (b)the person dishonestly makes off—

    (i)without having paid the amount owing; and

    (ii)with intent to avoid payment of the amount owing; and

    (c)the amount owing is $2 000 or less.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  12. Absolute liability applies to subsection (1) (c).

    (3)This section does not apply in relation to a supply of goods or services that is contrary to law.

  13. This section does not prevent a person being charged with an offence against section 317 (Making off without payment) if the amount owing is $2 000 or less.

  14. In this section:

    immediate payment includes payment when collecting goods in relation to which a service has been supplied.

  15. Unlawful possession of stolen property

  16. A person commits an offence if—

    (a)the person—

    (i)has property in the person’s possession; or

    (ii)has property in someone else’s possession; or

    (iii)has property in or on any premises (whether or not the premises belong to or are occupied by the person or the property is there for the person’s own use); or

    (iv)gives possession of property to someone who is not lawfully entitled to possession of it; and

    (b)the property is reasonably suspected of being stolen property or otherwise unlawfully obtained property.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  17. Absolute liability applies to subsection (1) (b).

  18. It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the property concerned was stolen property or otherwise unlawfully obtained property.

  19. In this section:

    premises includes any aircraft, building, structure, vehicle or vessel, or any place (whether built on or not), and any part of an aircraft, building, structure, vehicle, vessel or place.

    stolen property—see section 314.

Part 3.3Fraudulent conduct

Division 3.3.1           Interpretation for part 3.3

  1. Definitions for pt 3.3

    In this part:

    account means an account (including a loan account, credit card account or similar account) with a bank or other financial institution.

    deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or law, and includes—

    (a)a deception about the intention of the person using the deception or anyone else; and

    (b)conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.

Division 3.3.2           Obtaining property by deception

  1. Obtaining property by deception

    A person commits an offence (obtaining property by deception) if the person, by deception, dishonestly obtains property belonging to someone else with the intention of permanently depriving the other person of the property.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

    NoteFor alternative verdict provisions applying to obtaining property by deception, see s 371 and s 372.

  2. Dishonesty for div 3.3.2

    A person’s obtaining of property belonging to someone else can be dishonest even if the person or another person is willing to pay for it.

  3. Obtains for div 3.3.2

  4. For this division, and for the application of section 313 (Receiving) to this division, a person obtains property if—

    (a)the person obtains ownership, possession or control of it for the person or someone else; or

    (b)the person enables ownership, possession or control of it to be retained by the person or someone else; or

    (c)the person induces a third person to pass ownership, possession or control of it to someone else; or

    (d)the person induces a third person to enable someone else to retain ownership, possession or control of it; or

    (e)section 330 (2) or (3) (Money transfers) applies.

  5. The definition of obtain in section 300 does not apply to this division, or for the application of section 313 (Receiving) to this division.

  6. Intention of permanently depriving—div 3.3.3

  7. A person (A) has the intention of permanently depriving someone else (B) of property belonging to B if—

    (a)A obtains property belonging to B without meaning B to permanently lose the property; and

    (b)A intends to treat the property as A’s own to dispose of regardless of B’s rights.

  8. For subsection (1), if A borrows or lends property belonging to B, the borrowing or lending may amount to treating the property as A’s own to dispose of regardless of B’s rights if, but only if, the borrowing or lending is for a period, and in circumstances, making it equivalent to an outright taking or disposal.

  9. Without limiting this section, if—

    (a)A has possession or control (lawfully or not) of property belonging to B; and

    (b)A parts with the property under a condition about its return that A may not be able to carry out; and

    (c)the parting is done for A’s own purposes and without B’s authority;

    the parting amounts to treating the property as A’s own to dispose of regardless of B’s rights.

  10. This section does not limit the circumstances in which a person can be taken to have the intention of permanently depriving someone else of property.

  11. Money transfers

  12. This section applies for this division and for the application of section 313 (Receiving) to this division.

  13. If a person (A) causes an amount to be transferred from an account held by someone else (B) to an account held by A—

    (a)the amount is taken to have been property that belonged to B; and

    (b)A is taken to have obtained the property for A with the intention of permanently depriving B of the property.

  14. If a person (A) causes an amount to be transferred from an account held by someone else (B) to an account held by a third person (C)—

    (a)the amount is taken to have been property that belonged to B; and

    (b)A is taken to have obtained the property for C with the intention of permanently depriving B of the property.

  15. An amount is transferred from an account (account 1) to another account (account 2) if—

    (a)a credit is made to account 2; and

    (b)a debit is made to account 1; and

    (c)the credit results from the debit or the debit results from the credit.

  16. A person causes an amount to be transferred from an account if the person induces someone else to transfer the amount from the account (whether or not the other person is the account holder).

  17. General deficiency for div 3.3.2

    A person may be found guilty of an offence of obtaining property by deception involving all or any part of a general deficiency in money or other property even though the deficiency is made up of a number of particular amounts of money or items of other property that were obtained over a period.

Division 3.3.3           Other indictable offences for part 3.3

  1. Obtaining financial advantage by deception

    A person commits an offence if the person, by deception, dishonestly obtains a financial advantage from someone else.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  2. General dishonesty

  3. A person commits an offence if—

    (a)the person does something with the intention of dishonestly obtaining a gain from someone else; and

    (b)the other person is the Territory.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

  4. Absolute liability applies to subsection (1) (b).

  5. A person commits an offence if—

    (a)the person does something with the intention of dishonestly causing a loss to someone else; and

    (b)the other person is the Territory.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

  6. Absolute liability applies to subsection (3) (b).

  7. A person commits an offence if—

    (a)the person—

    (i)dishonestly causes a loss, or a risk of loss, to someone else; and

    (ii)knows or believes that the loss will happen or that there is a substantial risk of the loss happening; and

    (b)the other person is the Territory.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

  8. Absolute liability applies to subsection (5) (b) .

  9. A person commits an offence if—

    (a)the person does something with the intention of dishonestly influencing a public official in the exercise of the official’s duty as a public official; and

    (b)the public official is a Territory public official; and

    (c)the duty is a duty as a Territory public official.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

  10. Absolute liability applies to subsection (7) (b) and (c).

  11. In this section:

    Territory—see section 319.

  12. Conspiracy to defraud

  13. A person commits an offence if the person conspires with someone else with the intention of dishonestly obtaining a gain from a third person.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  14. A person commits an offence if the person conspires with someone else with the intention of dishonestly causing a loss to a third person.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  15. A person commits an offence if the person—

    (a)conspires with someone else to dishonestly cause a loss, or a risk of loss, to a third person; and

    (b)knows or believes that the loss will happen, or that there is a substantial risk of the loss happening.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  16. A person commits an offence if the person conspires with someone else with the intention of dishonestly influencing a public official in the exercise of the official’s duty as a public official.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  17. A person commits an offence against this section (conspiracy to defraud) only if—

    (a)the person enters into an agreement with at least 1 other person; and

    (b)the person and at least 1 other party to the agreement intend to do the thing under the agreement; and

    (c)the person or at least 1 other party to the agreement commits an overt act under the agreement.

  18. A person may be found guilty of conspiracy to defraud even if—

    (a)it was impossible to obtain the gain, cause the loss or risk of loss, or influence the public official; or

    (b)the person and each other party to the agreement is a corporation; or

    (c)each other party to the agreement is—

    (i)a person who is not criminally responsible; or

    (ii)for an agreement to commit an offence—a person for whose benefit or protection the offence exists; or

    (d)all other parties to the agreement are acquitted of the offence (unless to find the person guilty would be inconsistent with their acquittal).

  19. A person must not be found guilty of conspiracy to defraud if, before the commission of an overt act under the agreement, the person—

    (a)withdrew from the agreement; and

    (b)took all reasonable steps to prevent the doing of the thing.

  20. A person must not be found guilty of an offence of conspiracy to defraud in relation to an agreement to commit an offence (an agreed offence) if the person is someone for whose benefit or protection the agreed offence exists.

  21. Any defence, procedure, limitation or qualifying provision applying to an agreed offence applies also to an offence of conspiracy to defraud in relation to the agreed offence.

  22. A court may dismiss a charge of conspiracy to defraud if it considers that the interests of justice require it to dismiss the charge.

  23. A proceeding for an offence of conspiracy to defraud must not be begun without the consent of the Attorney-General or the director of public prosecutions.

  24. However, a person may be arrested for, charged with or remanded in custody or released on bail in relation to an offence of conspiracy to defraud before the consent is given.

Division 3.3.4           Summary offences for part 3.3

  1. Obtaining financial advantage from the Territory

  2. A person commits an offence if—

    (a)the person obtains a financial advantage for the person from someone else; and

    (b)the person knows or believes that the person is not eligible to receive the financial advantage; and

    (c)the other person is the Territory.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  3. Absolute liability applies to subsection (1) (c).

  4. A person commits an offence if—

    (a)the person obtains a financial advantage for someone else (B) from a third person; and

    (b)the person knows or believes that B is not eligible to receive the financial advantage; and

    (c)the third person is the Territory.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  5. Absolute liability applies to subsection (3) (c).

  6. For subsection (3), a person (A) is taken to have obtained a financial advantage for someone else from the Territory if A induces the Territory to do something that results in the other person obtaining the financial advantage.

  7. The definition of obtain in section 300 does not apply to this section.

  8. In this section:

    Territory—see section 319.

  9. Passing valueless cheques

  10. A person commits an offence if—

    (a)the person obtains property, a financial advantage or other benefit from someone else by passing a cheque; and

    (b)the person—

    (i)does not have reasonable grounds for believing that the cheque will be paid in full on presentation; or

    (ii)intends to dishonestly obtain the property, financial advantage or benefit from someone else.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  11. A person may be found guilty of an offence against this section even though, when the cheque was passed, there were some funds to the credit of the account on which the cheque was drawn.

  12. In this section:

    benefit includes any advantage and is not limited to property.

Part 3.4False or misleading statements, information and documents

  1. Making false or misleading statements

  2. A person commits an offence if—

    (a)the person makes a statement (whether orally, in a document or in any other way); and

    (b)the statement is false or misleading; and

    (c)the person knows that the statement—

    (i)is false or misleading; or

    (ii)omits anything without which the statement is false or misleading; and

    (d)the statement is made in or in relation to an application or claim for a statutory entitlement or a benefit; and

    (e)any of the following applies:

    (i)the statement is made to the Territory;

    (ii)the statement is made to a person who is exercising a function under a Territory law;

    (iii)the statement is made in compliance or purported compliance with a Territory law.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  3. Absolute liability applies to subsection (1) (e) (i), (ii) and (iii).

  4. A person commits an offence if—

    (a)the person makes a statement (whether orally, in a document or in any other way); and

    (b)the statement is false or misleading; and

    (c)the person is reckless about whether the statement—

    (i)is false or misleading; or

    (ii)omits anything without which the statement is false or misleading; and

    (d)the statement is made in or in relation to an application or claim for a statutory entitlement or a benefit; and

    (e)any of the following applies:

    (i)the statement is made to the Territory;

    (ii)the statement is made to a person who is exercising a function under a Territory law;

    (iii)the statement is made in compliance or purported compliance with a Territory law.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  5. Absolute liability applies to subsection (3) (e) (i), (ii) and (iii).

  6. Subsections (1) (b), (1) (c) (i), (3) (b) and (3) (c) (i) do not apply if the statement is not false or misleading in a material particular.

  7. Subsections (1) (b), (1) (c) (ii), (3) (b) and (3) (c) (ii) do not apply if the omission does not make the statement misleading in a material particular.

    NoteThe defendant bears an evidential burden in relation to the matters mentioned in ss (5) and (6) (see s 58 (3)).

  8. In this section:

    benefit includes any advantage and is not limited to property.

    statutory entitlement includes an accreditation, approval, assessment, authority, certificate, condition, decision, determination, exemption, licence, permission, permit, registration or other prescribed thing giving a status, privilege or benefit under a law (whether or not required under the law for doing anything).

    Territory—see section 319.

    NoteFor an alternative verdict provision applying to this offence, see s 374.

  9. Giving false or misleading information

  10. A person commits an offence if—

    (a)the person gives information to someone else; and

    (b)the information is false or misleading; and

    (c)the person knows that the information—

    (i)is false or misleading; or

    (ii)omits anything without which the information is false or misleading; and

    (d)any of the following applies:

    (i)the person to whom the information is given is the Territory;

    (ii)the person to whom the information is given is a person who is exercising a function under a Territory law;

    (iii)the information is given in compliance or purported compliance with a Territory law.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  11. Absolute liability applies to subsection (1) (d) (i), (ii) and (iii).

  12. Subsections (1) (b) and (1) (c) (i) do not apply if the information is not false or misleading in a material particular.

  13. Subsections (1) (b) and (1) (c) (ii) do not apply if the omission does not make the information misleading in a material particular.

  14. Subsection (1) (d) (i) does not apply if, before the information was given by the person to the Territory, the Territory did not take reasonable steps to tell the person about the existence of the offence against subsection (1).

  15. Subsection (1) (c) (ii) does not apply if, before the information was given by a person (A) to the person mentioned in that subparagraph (B), B did not take reasonable steps to tell A about the existence of the offence against subsection (1).

  16. For subsections (5) and (6), it is sufficient if the following form of words is used:

    ‘Giving false or misleading information is a serious offence’.

  17. In this section:

    Territory—see section 319.

  18. Producing false or misleading documents

  19. A person commits an offence if—

    (a)the person produces a document to someone else; and

    (b)the document is false or misleading; and

    (c)the person knows that the document is false or misleading; and

    (d)the document is produced in compliance or purported compliance with a Territory law.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

  20. Subsection (1) (b) and (c) does not apply if the document is not false or misleading in a material particular.

  21. Subsection (1) does not apply to a person who produces a document if the document is accompanied by a signed statement—

    (a)stating that the document is, to the signing person’s knowledge, false or misleading in a material particular; and

    (b)setting out, or referring to, the material particular in which the document is, to the signing person’s knowledge, false or misleading.

  22. The statement under subsection (3) must be signed by—

    (a)the person; or

    (b)if the person who produces the document is a corporation—a competent officer of the corporation.

Part 3.5Blackmail

  1. Meaning of menace for pt 3.5

  2. A menace includes—

    (a)an express or implied threat of action that is detrimental or unpleasant to someone else; or

    (b)a general threat of detrimental or unpleasant action that is implied because the person making the demand is a public official.

  3. A threat against an individual is a menace only if—

    (a)the threat would be likely to cause an individual of normal stability and courage to act unwillingly; or

    (b)the threat would be likely to cause the individual to act unwillingly because of a particular vulnerability of which the maker of the threat is aware.

  4. A threat against an entity other than an individual is a menace only if—

    (a)the threat would ordinarily cause an unwilling response; or

    (b)the threat would be likely to cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware.

  5. Meaning of unwarranted demand with a menace for pt 3.5

  6. A person makes an unwarranted demand with a menace of someone else only if the person—

    (a)makes a demand with a menace of the other person; and

    (b)does not believe that he or she has reasonable grounds for making the demand; and

    (c)does not reasonably believe that the use of the menace is a proper means of reinforcing the demand.

  7. The demand need not be a demand for money or other property.

  8. It does not matter whether the menace relates to action to be taken by the person making the demand.

  9. Blackmail

    A person commits an offence if the person makes an unwarranted demand with a menace of someone else with the intention of—

    (a)obtaining a gain; or

    (b)causing a loss; or

    (c)influencing the exercise of a public duty.

    Maximum penalty:  1 400 penalty units, imprisonment for 14 years or both.

Part 3.6Forgery and related offences

Division 3.6.1           Interpretation for part 3.6

  1. Definitions for pt 3.6

    In this part:

    document includes any of the following:

    (a)anything on which there are figures, marks, numbers, perforations, symbols or anything else that can be responded to by a computer, machine or electronic device;

    (b)a credit card or debit card;

    (c)a formal or informal document.

    NoteFor further definition of document, see the Legislation Act, dict, pt 1.

    false document—see section 344.

  2. Meaning of false document etc for pt 3.6

  3. A document is false only if the document, or any part of the document, purports—

    (a)to have been made in the form in which it is made by a person who did not make it in that form; or

    (b)to have been made in the form in which it is made on the authority of a person who did not authorise its making in that form; or

    (c)to have been made in the terms in which it is made by a person who did not make it in those terms; or

    (d)to have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms; or

    (e)to have been changed in any way by a person who did not change it in that way; or

    (f)to have been changed in any way on the authority of a person who did not authorise it to be changed in that way; or

    (g)to have been made or changed by an existing person who did not exist; or

    (h)to have been made or changed on the authority of an existing person who did not exist; or

    (i)to have been made or changed on a date on which, at a time or place at which, or otherwise in circumstances in which it was not made or changed.

  4. For this part, making a false document includes changing the document so as to make it a false document under subsection (1) (whether or not it already was false in some other way).

  5. For this section, a document that purports to be a true copy of another document is to be treated as if it were the original document.

  6. Inducing acceptance that document genuine

    For section 346, section 347 and section 348—

    (a)a reference to inducing a person to accept a document as genuine includes a reference to causing a computer, machine or electronic device to respond to the document as if it were genuine; and

    (b)it is not necessary to prove an intention to induce a particular person to accept the false document as genuine.

Division 3.6.2           Offences for part 3.6

  1. Forgery

    A person commits an offence (forgery) if the person makes a false document with the intention that the person or someone else will use it—

    (a)to dishonestly induce another person (C) to accept it as genuine; and

    (b)because C accepts it as genuine, to dishonestly—

    (i)obtain a gain; or

    (ii)cause a loss; or

    (iii)influence the exercise of a public duty.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  2. Using false document

    A person commits an offence if the person uses a false document, knowing that it is false, with the intention of—

    (a)dishonestly inducing someone else to accept it as genuine; and

    (b)because the other person accepts it as genuine, dishonestly—

    (i)obtaining a gain; or

    (ii)causing a loss; or

    (iii)influencing the exercise of a public duty.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  3. Possessing false document 

    A person commits an offence if the person has in the person’s possession a false document, knowing that it is false, with the intention that the person or someone else will use it—

    (a)to dishonestly induce another person (C) to accept it as genuine; and

    (b)because C accepts it as genuine, to dishonestly—

    (i)obtain a gain; or

    (ii)cause a loss; or

    (iii)influence the exercise of a public duty.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  4. Making or possessing device etc for making false document 

  5. A person commits an offence if the person makes or adapts a device, material or other thing—

    (a)knowing that the thing is designed or adapted for making a false document (whether or not it is designed or adapted for another purpose); and

    (b)with the intention that the person or someone else will use the thing to commit forgery.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  6. A person commits an offence if—

    (a)the person knows that a device, material or other thing is designed or adapted for making a false document (whether or not it is designed or adapted for another purpose); and

    (b)the person has the device, material or other thing in the person’s possession with the intention that the person or someone else will use it to commit forgery.

    Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

  7. A person commits an offence if the person makes or adapts a device, material or other thing knowing that it is designed or adapted for making a false document (whether or not it is designed or adapted for another purpose).

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

  8. A person commits an offence if the person has in the person’s possession a device, material or other thing knowing that it is designed or adapted for making a false document (whether or not it is designed or adapted for another purpose).

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

[2.138]Section 49

substitute

  1. Refusal to permit examination of books etc

  2. A person commits an offence if the person—

    (a)fails to allow an authorised person to examine books, papers, records, apparatus or articles; or

    (b)fails to produce them for examination.

    Maximum penalty:  50 penalty units.

  3. An offence against this section is a strict liability offence.

Part 2.63Pawnbrokers Act 1902

[2.139]Section 25

omit

Part 2.64Periodic Detention Regulations 1995

[2.140]Regulation 19

omit

Part 2.65Pharmacy Act 1931

[2.141]New section 2A

insert

2AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):

·     s 58 (Refusal to permit examination of books etc).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[2.142]Section 58

substitute

  1. Refusal to permit examination of books etc

  2. A person commits an offence if the person—

    (a)fails to allow an authorised person to examine books, papers, records, apparatus or articles; or

    (b)fails to produce them for examination.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  3. An offence against this section is a strict liability offence.

Part 2.66Physiotherapists Act 1977

[2.143]Section 53

omit

Part 2.67Plant Diseases Act 2002

[2.144]Sections 32 to 34

omit

Part 2.68Poisons Act 1933

[2.145]Section 17 (7)

omit

Part 2.69Pool Betting Act 1964

[2.146]Section 11

omit

Part 2.70Pounds Act 1928

[2.147]Section 37B

omit

Part 2.71Prohibited Weapons Act 1996

[2.148]Section 10

omit

Part 2.72Prostitution Act 1992

[2.149]Section 31

omit

Part 2.73Public Baths and Public Bathing Act 1956

[2.150]Section 7A

omit

Part 2.74Public Health Act 1997

[2.151]Section 78, new note

insert

Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

[2.152]Section 79, new note

insert

Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

[2.153]Sections 82 and 83

omit

Part 2.75Public Interest Disclosure Act 1994

[2.154]Section 34

omit

Part 2.76Radiation Act 1983

[2.155]New section 5A

insert

5AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):

·     s 24 (Failing to comply with requirement of inspector).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[2.156]Section 24

substitute

  1. Failing to comply with requirement of inspector

  2. A person commits an offence if—

    (a)an inspector has entered premises under this part; and

    (b)the inspector has made a reasonable requirement of the person; and

    (c)the person fails to comply with the requirement.

    Maximum penalty:  50 penalty units.

  3. An offence against this section is a strict liability offence.

Part 2.77Rates and Land Tax Act 1926

[2.157]New section 22BD (3)

insert

  1. In this section:

    offence against this Act includes an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents) or part 3.8 (Impersonation or obstruction of Territory public officials).

[2.158]Section 22GC

omit

[2.159]Section 22GDA heading

substitute

22GDAFailing to comply with requirement of authorised officer

[2.160]Section 22GDA (1) and (3)

omit

[2.161]Section 22GDA

renumber subsections when Act next republished under Legislation Act

[2.162]Section 22GX

omit

Part 2.78Rehabilitation of Offenders (Interim) Act 2001

[2.163]Section 87 (1)

omit

[2.164]Section 87 (2)

omit

  1. A person

    substitute

    A person

Part 2.79Road Transport (Driver Licensing) Act 1999

[2.165]Part 3, new note

after part heading, insert

Note For offences in relation to false or misleading statements, information or documents, see the Criminal Code, pt 3.4

[2.166]Section 32 (1) (b), (2) (b) and (3) (b)

omit

state his or her name falsely or incorrectly or

[2.167]Section 32 (4) and (5)

substitute

  1. The regulations may provide that subsection (1), (2) or (3) does not apply to the driving of a motor vehicle in circumstances prescribed under the regulations.

[2.168]Section 32

renumber subsections when Act next republished under Legislation Act

Part 2.80Road Transport (Driver Licensing) Regulations 2000

[2.169]Regulation 116 (3) (b)

omit

deceive; or

substitute

deceive.

[2.170]Regulation 116 (3) (c) and (d)

omit

Part 2.81Road Transport (General) Act 1999

[2.171]Sections 43 and 228

omit

Part 2.82Royal Commissions Act 1991

[2.172]Section 35B

omit

Part 2.83Sale of Motor Vehicles Act 1977

[2.173]Section 67

omit

Part 2.84Scaffolding and Lifts Act 1912

[2.174]Section 16

omit

Part 2.85Second-hand Dealers Act 1906

[2.175]Section 16

omit

Part 2.86Smoke-free Areas (Enclosed Public Places) Act 1994

[2.176]Section 18 heading

substitute

  1. Failing to comply with requirement of inspector

[2.177]Section 18 (1)

omit

  1. A person

    substitute

    A person

[2.178]Section 18 (2) and note

omit

Part 2.87Stock Act 1991

[2.179]Section 37

omit

Part 2.88Surveyors Act 2001

[2.180]Section 45

omit

Part 2.89Taxation Administration Act 1999

[2.181]Section 66

omit

[2.182]Section 70 (1) (b)

substitute

(b)section 59, 60 61, 64 or 68 (offences of failure to keep proper records or concealing identity); or

(c)the Criminal Code, part 3.4 (False or misleading statements, information and documents);

[2.183]Section 70 (2), definition of related offence, paragraph (b)

substitute

(b)if the subsequent offence is an offence against section 59, 60, 61, 64 or 68 or the Criminal Code, part 3.4—an offence against—

(i)section 59, 60, 61, 64 or 68; or

(ii)the Criminal Code, part 3.4; or

(iii)the Taxation Administration Act 1953 (Cwlth), part 3, division 2, subdivision B; or

(iv)the Crimes (Taxation Offences) Act 1980 (Cwlth); or

(v)the Crimes Act 1914 (Cwlth), section 29D that relates to a tax liability.

[2.184]Section 72 (1) (a) (ii)

omit

section 66

substitute

the Criminal Code, part 3.4 (False or misleading statements, information and documents)

[2.185]Section 88 heading

substitute

  1. Failing to comply with requirement of inspector

[2.186]Section 88 (1)

omit

[2.187]Section 88

renumber subsections when Act next republished under Legislation Act

[2.188]Section 89

omit

Part 2.90Tobacco Act 1927

[2.189]Section 41 heading

substitute

  1. Failing to comply with requirement of authorised officer

[2.190]Section 41 (1)

omit

[2.191]Section 41 (2)

omit

  1. A person

    substitute

    A person

Part 2.91Trade Measurement Act 1991

[2.192]Section 65 (a)

omit

[2.193]Section 65 (e)

omit

inspector; or

substitute

inspector.

[2.194]Section 65 (f)

omit

[2.195]Section 65

renumber paragraphs when Act next republished under Legislation Act

[2.196]Section 66 (2)

omit

under section 73

substitute

against the Criminal Code, part 4.3 (False or misleading statements, documents or information)

[2.197]Section 73

omit

Part 2.92Transplantation and Anatomy Act 1978

[2.198]Section 48 (4) (b)

omit

[2.199]Section 48 (4)

renumber paragraphs when Act next republished under Legislation Act

Part 2.93Tree Protection (Interim Scheme) Act 2001

[2.200]Section 40 (3) (a)

substitute

(a)an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents); or

[2.201]Sections 42 to 44

omit

Part 2.94Utilities Act 2000

[2.202]Sections 76, 118, 141, 168, 216 and 217

omit

Part 2.95Utilities (Water Restrictions) Regulations 2002

[2.203]Regulation 18

omit

Part 2.96Vocational Education and Training Act 2003

[2.204]Sections 44 and 45

omit

Part 2.97Waste Minimisation Act 2001

[2.205]Section 41

omit

[2.206]Section 48 (3) (a)

substitute

(a)an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents); or

[2.207]Sections 50 and 51

omit

Part 2.98Water and Sewerage Act 2000

[2.208]Sections 41 to 43

omit

Part 2.99Water Resources Act 1998

[2.209]Section 51 (2)

omit

section 52 or 53

substitute

section 53 or the Criminal Code, part 3.4 (False or misleading statements, information and documents)

[2.210]Section 52

omit

[2.211]Section 53 heading

substitute

  1. Failing to comply with requirement of authorised officer

[2.212]Section 53 (1)

omit

[2.213]Section 53 (2)

omit

  1. A person

    substitute

    A person

Schedule 3Other consequential amendments

(see s 3)

Part 3.1Bail Act 1992

[3.1]Section 9D (1), example

substitute

Example

Claude is served with a summons to attend the Magistrates Court to answer a charge that he has committed the offence of taking a motor vehicle without consent (punishable by 5 years imprisonment under the Criminal Code, section 318 (1), and so a serious offence for this section). Before the court date, Claude is arrested and charged with having committed an aggravated robbery the day after being served with the summons (punishable by 25 years imprisonment under the Criminal Code, section 310, and so also a serious offence for this section). At the time of the alleged aggravated robbery, the charge of taking a motor vehicle without consent was still pending. This section will apply to any decision about the grant of bail to Claude in relation to the aggravated robbery charge.

[3.2]Section 9G (3), example 1

omit

armed robbery

substitute

aggravated robbery

[3.3]Schedule 1, part 1.1, items about armed robbery and aggravated burglary

omit

[3.4]Schedule 1, new part 1.1A

insert

Part 1.1AOffences against Criminal Code

column 1

item

column 2

provision

column 3

description of offence
1 310 aggravated robbery
2 312 aggravated burglary

[3.5]Schedule 1

renumber parts when Act next republished under Legislation Act

Part 3.2Crimes Act 1900

[3.6]Section 7A, note 1, 4th dot point

omit

[3.7]Divisions 6.1 and 6.2 etc

omit

·division 6.1, 6.2 and 6.4

·sections 149 and 150

·sections 153 to 156

[3.8]Section 181 (b)

omit

section 92 or 94

substitute

the Criminal Code, section 310 (Aggravated robbery) or section 312 (Aggravated burglary)

[3.9]Section 220 (4), definition of relevant summary offence

substitute

relevant summary offence means an offence against—

(a)section 380 (Possession of offensive weapons and disabling substances); or

(b)section 381 (Possession of offensive weapons and disabling substances with intent); or

(c)the Criminal Code, section 321 (Minor theft); or

(d)the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed blood alcohol concentration exceeded).

[3.10]Section 349

omit

[3.11]Section 350 (16), definition of loss

substitute

loss—see the Criminal Code, section 300.

[3.12]Section 350 (16), definition of stolen property

substitute

stolen property—see the Criminal Code, section 314.

[3.13]Section 367 (1)

after

this Act

insert

or the Criminal Code

[3.14]Sections 386 to 386C

omit

Part 3.3Crimes (Offences against the Government) Act 1989

[3.15]New section 10 (3)

insert

  1. In this section:

    officer of the Territory means—

    (a)a public employee; or

    (b)a person who performs services for the Territory or a Territory authority.

[3.16]Section 10 (as amended)

relocate to the Crimes Act 1900 as section 153

[3.17]New section 19 (3)

insert

  1. In this section:

    government premises means any land, building or part of a building occupied by the Territory or a Territory authority.

    unreasonable obstruction means anything done by someone that is, or contributes to, an obstruction of or interference with the exercise or enjoyment by other people of their lawful rights or privileges (including rights of passage on public streets) that is unreasonable in all the circumstances (including the place, time, length and nature of the obstruction or interference).

[3.18]Section 19 (as amended)

relocate to the Crimes Act 1900 as section 154

[3.19]Act repealed

The Crimes (Offences against the Government) Act 1989 A1989-34, as amended by this part, is repealed.

Part 3.4Magistrates Court Act 1930

[3.20]Section 59

omit

Part 3.5Victims of Crime (Financial Assistance) Act 1983

[3.21]Section 3

omit

A violent crime

substitute

  1. A violent crime

[3.22]Section 3, table

omit

91, 92 robbery offences

[3.23]New section 3 (2)

insert

  1. An offence against the Criminal Code, section 309 (Robbery) or section 310 (Aggravated robbery) is also a violent crime.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 11 December 2003.

  2. Notification

    Notified under the Legislation Act on 26 March 2004.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Bill 2004 which originated in the Assembly as the Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Bill 2003 and was passed by the Legislative Assembly on 11 March 2004.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2004

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