Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1A Section 3B
Omit "An installation", substitute "Unless the contrary intention appears, an installation".
1 After section 4
Insert:
The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
2 The Schedule (section 3.2 of the Criminal Code , note)
Omit "Note", substitute "Note 1".
3 The Schedule (at the end of section 3.2 of the Criminal Code )
Add:
Note 2: See Part 2.7 on geographical jurisdiction.
4 The Schedule (subsection 4.1(2) of the Criminal Code )
Insert:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
5 The Schedule (section 5.1 of the Criminal Code , example)
Repeal the example.
6 The Schedule (section 5.6 of the Criminal Code )
Omit "of an offence" (wherever occurring).
7 The Schedule (at the end of Part 2.3 of the Criminal Code )
Add:
A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.
7A After subsection 11.1(3)
Insert:
(3A) Subsection (3) has effect subject to subsection (6A).
7B After subsection 11.1(6)
Insert:
(6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence.
8 The Schedule (subsection 11.1(7) of the Criminal Code )
Omit "or section 11.5 (conspiracy)", substitute ", section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud)".
8A After subsection 11.2(3)
Insert:
(3A) Subsection (3) has effect subject to subsection (6).
8B At the end of section 11.2
Add:
(6) Any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling or procuring the commission of that offence.
8C After subsection 11.4(2)
Insert:
(2A) Subsection (2) has effect subject to subsection (4A).
8D After subsection 11.4(4)
Insert:
(4A) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence.
8E After subsection 11.5(2)
Insert:
(2A) Subsection (2) has effect subject to subsection (7A).
8F After subsection 11.5(7)
Insert:
(7A) Any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.
9 The Schedule (subsection 11.6(1) of the Criminal Code )
Omit "an Act to an offence against an Act", substitute "a law of the Commonwealth to an offence against a law of the Commonwealth".
10 The Schedule (subsections 11.6(2) and (3) of the Criminal Code )
Omit "an Act", substitute "a law of the Commonwealth".
11 The Schedule (at the end of section 11.6 of the Criminal Code (before the note))
Add:
(4) In particular, an express reference in a law of the Commonwealth to:
(a) an offence against, under or created by the Crimes Act 1914 ; or
(b) an offence against, under or created by a particular provision of the Crimes Act 1914 ; or
(c) an offence arising out of the first - mentioned law or another law of the Commonwealth; or
(d) an offence arising out of a particular provision; or
(e) an offence against, under or created by the Taxation Administration Act 1953 ;
does not mean that the first - mentioned law is impliedly to the contrary effect.
12 The Schedule (after Part 2.6 of the Criminal Code )
Insert:
Part 2.7 -- Geographical jurisdiction
Division 14 -- Standard geographical jurisdiction
14.1 Standard geographical jurisdiction
(1) This section may apply to a particular offence in either of the following ways:
(a) unless the contrary intention appears, this section applies to the following offences:
(i) a primary offence, where the provision creating the offence commences at or after the commencement of this section;
(ii) an ancillary offence, to the extent to which it relates to a primary offence covered by subparagraph (i);
(b) if a law of the Commonwealth provides that this section applies to a particular offence--this section applies to that offence.
Note: In the case of paragraph (b), the expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
(2) If this section applies to a particular offence, a person does not commit the offence unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Defence--primary offence
(3) If this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first - mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3).
(4) For the purposes of the application of subsection 13.3(3) to an offence, subsection (3) of this section is taken to be an exception provided by the law creating the offence.
Defence--ancillary offence
(5) If this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3).
(6) For the purposes of the application of subsection 13.3(3) to an offence, subsection (5) of this section is taken to be an exception provided by the law creating the offence.
Division 15 -- Extended geographical jurisdiction
15.1 Extended geographical jurisdiction--category A
(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia ; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia ; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) the conduct constituting the alleged offence occurs wholly outside Australia and:
(i) at the time of the alleged offence, the person is an Australian citizen; or
(ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia ;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence--primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first - mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence--ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
15.2 Extended geographical jurisdiction--category B
(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia ; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
(i) wholly or partly in Australia ; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(c) the conduct constituting the alleged offence occurs wholly outside Australia and:
(i) at the time of the alleged offence, the person is an Australian citizen; or
(ii) at the time of the alleged offence, the person is a resident of Australia ; or
(iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia ;
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence--primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first - mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence--ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
15.3 Extended geographical jurisdiction--category C
(1) If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
(a) whether or not the conduct constituting the alleged offence occurs in Australia ; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia .
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence--primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(aa) the alleged offence is a primary offence; and
(a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(b) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or that part of that foreign country, that creates an offence that corresponds to the first - mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence--ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
15.4 Extended geographical jurisdiction--category D
If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
(a) whether or not the conduct constituting the alleged offence occurs in Australia ; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia .
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
(1) Proceedings for an offence must not be commenced without the Attorney - General's written consent if:
(a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country; and
(c) at the time of the alleged offence, the person alleged to have committed the offence is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
(2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence before the necessary consent has been given.
16.2 When conduct taken to occur partly in Australia
Sending things
(1) For the purposes of this Part, if a person sends a thing, or causes a thing to be sent:
(a) from a point outside Australia to a point in Australia ; or
(b) from a point in Australia to a point outside Australia ;
that conduct is taken to have occurred partly in Australia .
Sending electronic communications
(2) For the purposes of this Part, if a person sends, or causes to be sent, an electronic communication:
(a) from a point outside Australia to a point in Australia ; or
(b) from a point in Australia to a point outside Australia ;
that conduct is taken to have occurred partly in Australia .
Point
(3) For the purposes of this section, point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
(1) For the purposes of the application of this Part to a particular primary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence.
(2) For the purposes of the application of this Part to a particular ancillary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence to which the ancillary offence relates.
(3) For the purposes of this Part, if a provision creating an offence extends to an external Territory, it is to be assumed that if the expression Australia were used in a geographical sense in that provision, that expression would include that external Territory.
(4) This section does not affect the meaning of the expressions Australian aircraft , Australian citizen or Australian ship .
A reference in this Part to a result of conduct constituting an offence is a reference to a result that is a physical element of the offence (within the meaning of subsection 4.1(1)).
13 The Schedule (section 70.1 of the Criminal Code , definition of foreign country )
Repeal the definition.
14 The Schedule (subsection 70.5(4) of the Criminal Code )
Repeal the subsection.
15 The Schedule (before Chapter 8 of the Criminal Code )
Insert:
Chapter 7 -- The proper administration of Government
In this Chapter:
"duty" :
(a) in relation to a person who is a Commonwealth public official--means any authority, duty, function or power that:
(i) is conferred on the person as a Commonwealth public official; or
(ii) the person holds himself or herself out as having as a Commonwealth public official; and
(b) in relation to a person who is a public official--means any authority, duty, function or power that:
(i) is conferred on the person as a public official; or
(ii) 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.
"obtaining" includes:
(a) obtaining for another person; and
(b) inducing a third person to do something that results in another person obtaining.
"property" includes:
(a) real property; and
(b) personal property; and
(c) money; and
(d) a thing in action or other intangible property; and
(e) electricity; and
(f) a wild creature that is:
(i) tamed; or
(ii) ordinarily kept in captivity; or
(iii) reduced (or in the course of being reduced) into the possession of a person.
"services" includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities, but does not include rights or benefits being the supply of goods.
"supply" includes:
(a) in relation to goods--supply (including re - supply) by way of sale, exchange, lease, hire or hire - purchase; and
(b) in relation to services--provide, grant or confer.
Note: The expression person includes a Commonwealth entity. This is the combined effect of paragraph 22(1)(a) of the Acts Interpretation Act 1901 (which provides that person includes a body politic or corporate), and the definition of person in the Dictionary.
130.2 When property belongs to a person
(1) For the purposes of this Chapter, property belongs to a person if, and only if:
(a) the person has possession or control of the property; or
(b) the person has a proprietary right or interest in the property, other than an equitable interest arising only from:
(i) an agreement to transfer an interest; or
(ii) an agreement to grant an interest; or
(iii) a constructive trust.
(2) Subsection (1) has effect subject to subsections 134.1(9) and (10) (which deal with money transfers).
For the purposes of this Chapter, 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: The following provisions affect the meaning of dishonesty :
(a) section 131.2 (theft);
(b) section 134.1 (obtaining property by deception).
130.4 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Chapter, the determination of dishonesty is a matter for the trier of fact.
Part 7.2 -- Theft and other property offences
(1) A person is guilty of an offence if:
(a) the person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of theft.
(3) Absolute liability applies to the paragraph (1)(b) element of the offence of theft.
(4) Section 15.4 (extended geographical jurisdiction--category D) applies to an offence against subsection (1).
Note: For alternative verdicts, see sections 132.1 and 134.1.
131.2 Special rules about the meaning of dishonesty
(1) For the purposes of this Division, a person's appropriation of property belonging to another is taken not to be 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.
(2) However, the rule in subsection (1) does not apply if the person appropriating the property held it as trustee or personal representative.
(3) For the purposes of this Division, a person's appropriation of property belonging to another may be dishonest even if the person or another person is willing to pay for the property.
131.3 Appropriation of property
(1) For the purposes of this Division, any assumption of the rights of an owner to ownership, possession or control of property, without the consent of the person to whom it belongs, amounts to an appropriation of the property. This includes, in a case where a person has come by property (innocently or not) without committing theft, any later such assumption of rights without consent by keeping or dealing with it as owner.
(2) For the purposes of this Division, if property, or a right or interest in property, is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights which the person had believed himself or herself to be acquiring does not, because of any defect in the transferor's title, amount to an appropriation of the property.
131.4 Theft of land or things forming part of land
(1) For the purposes of this Division, a person cannot commit theft of land, except in the following cases:
(a) the case where the person appropriates anything forming part of the land by severing it or causing it to be severed;
(b) the case where:
(i) the person is a trustee or personal representative, or is authorised (by power of attorney, as liquidator of a company or otherwise) to sell or dispose of land belonging to another; and
(ii) the person appropriates the land, or anything forming part of it, by dealing with it in breach of the confidence reposed in the person.
(2) For the purposes of this section, land does not include incorporeal hereditaments.
(1) For the purposes of this Division, if property is subject to a trust, the persons to whom the property belongs include any person who has a right to enforce the trust.
(2) Accordingly, for the purposes of this Division, an intention to defeat the trust is an intention to deprive any such person of the property.
131.6 Obligation to deal with property in a particular way
For the purposes of this Division, if:
(a) a person receives property from or on account of another; and
(b) the person is under a legal obligation to the other to retain and deal with that property or its proceeds in a particular way;
the property or proceeds belong (as against the person) to the other.
131.7 Property obtained because of fundamental mistake
(1) For the purposes of this Division, if:
(a) a person gets property by another's fundamental mistake; and
(b) the person is under a legal obligation to make restoration (in whole or in part) of the property or its proceeds;
then, to the extent of that obligation, the property or proceeds belongs (as against the person) to the person entitled to restoration.
(2) For the purposes of this Division, an intention not to make restoration is:
(a) an intention to permanently deprive the person so entitled of the property or proceeds; and
(b) an appropriation of the property or proceeds without the consent of the person entitled to restoration.
(3) For the purposes of this section, a fundamental mistake is:
(a) a mistake about the identity of the person getting the property; or
(b) a mistake as to 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 at the time of getting the money.
(4) In this section:
"money" includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.
131.8 Property of a corporation sole
For the purposes of this Division, property of a corporation sole belongs to the corporation despite a vacancy in the corporation.
131.9 Property belonging to 2 or more persons
If property belongs to 2 or more persons, a reference in this Division (other than paragraph 131.1(1)(b)) to the person to whom the property belongs is a reference to all of those persons.
131.10 Intention of permanently depriving a person of property
(1) For the purposes of this Division, if:
(a) a person appropriates property belonging to another without meaning the other permanently to lose the thing itself; and
(b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
the person has the intention of permanently depriving the other of it.
(2) For the purposes of this section, a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(3) For the purposes of this section, if:
(a) a person has possession or control (lawfully or not) of property belonging to another; and
(b) the person parts with the property under a condition as to its return that the person may not be able to perform; and
(c) the parting is done for purposes of the person's own and without the other's authority;
the parting is taken to amount to treating the property as the person's own to dispose of regardless of the other's rights.
Note: See also paragraph 131.7(2)(a).
(1) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were appropriated over a period of time.
(2) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in property other than money even though the deficiency is made up of any number of particular items of property that were appropriated over a period of time.
Division 132 -- Other property offences
(1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of receiving.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew or believed that the property belonged to a Commonwealth entity.
Stolen property
(3) For the purposes of this section, property is stolen property if, and only if:
(a) it is original stolen property (as defined by subsection (5)); or
(aa) it is previously received property (as defined by subsection (5A)); or
(b) it is tainted property (as defined by subsection (7)).
This subsection has effect subject to subsections (4) and (6).
(4) For the purposes of this section, stolen property does not include land obtained in the course of an offence against section 134.1.
Original stolen property
(5) For the purposes of this section, original stolen property is:
(a) property, or a part of property, that:
(i) was appropriated in the course of theft (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and
(ii) is in the possession or custody of the person who so appropriated the property; or
(b) property, or a part of property, that:
(i) was obtained in the course of an offence against section 134.1 (whether or not the property, or the part of the property, is in the state it was in when it was so obtained); and
(ii) is in the possession or custody of the person who so obtained the property or the person for whom the property was so obtained.
Previously received property
(5A) For the purposes of this section, previously received property is property that:
(a) was received in the course of an offence against subsection (1); and
(b) is in the possession or custody of the person who received the property in the course of that offence.
(6) For the purposes of this section, property ceases to be original stolen property or previously received property:
(a) after the property is restored:
(i) to the person from whom it was appropriated or obtained; or
(ii) to other lawful possession or custody; or
(b) after:
(i) the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property; or
(ii) a person claiming through the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property.
Tainted property
(7) For the purposes of this section, tainted property is property that:
(a) is (in whole or in part) the proceeds of sale of, or property exchanged for:
(i) original stolen property; or
(ii) previously received property; and
(b) if subparagraph (a)(i) applies--is in the possession or custody of:
(i) if the original stolen property was appropriated in the course of theft--the person who so appropriated the original stolen property; or
(ii) if the original stolen property was obtained in the course of an offence against section 134.1--the person who so obtained the property or the person for whom the property was so obtained; and
(c) if subparagraph (a)(ii) applies--is in the possession or custody of the person who received the previously received property in the course of an offence against subsection (1).
Money transfers
(8) For the purposes of this section, if, as a result of the application of subsection 134.1(9) or (10), an amount credited to an account held by a person is property obtained in the course of an offence against section 134.1:
(a) while the whole or any part of the amount remains credited to the account, the property is taken to be in the possession of the person; and
(b) if the person fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled--the person is taken to have received the property; and
(c) subsection (6) of this section does not apply to the property.
Note: Subsections 134.1(9) and (10) deal with money transfers.
Alternative verdicts
(9) If, in a prosecution for an offence of theft or an offence against section 134.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of receiving, the trier of fact may find the defendant not guilty of the offence of theft or the section 134.1 offence but guilty of the offence of receiving, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(10) If, in a prosecution for an offence of receiving, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft or an offence against section 134.1, the trier of fact may find the defendant not guilty of the offence of receiving but guilty of the offence of theft or the section 134.1 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Receiving property stolen before commencement
(11) For the purposes of this section:
(a) it is to be assumed that sections 131.1 and 134.1 had been in force at all times before the commencement of this section; and
(b) property that was appropriated or obtained at a time 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 law of the Commonwealth in force at that time.
Obtaining
(12) The definition of obtaining in section 130.1 does not apply to this section.
Note: See subsection 134.1(3).
Definition
(13) In this section:
"account" has the same meaning as in section 133.1.
(1) A person is guilty of an offence if the person commits theft and:
(a) immediately before committing theft, the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person;
with intent to commit theft or to escape from the scene; or
(b) at the time of committing theft, or immediately after committing theft, the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person;
with intent to commit theft or to escape from the scene.
Penalty: Imprisonment for 15 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of robbery.
Note: Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(1) A person is guilty of an offence if the person:
(a) commits a robbery in company with one or more other persons; or
(b) commits a robbery and, at the time of the robbery, has an offensive weapon with him or her.
Penalty: Imprisonment for 20 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated robbery.
Note: Robbery means an offence against section 132.2. Under section 132.2, an element of the offence of robbery is that the defendant commits theft. Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) In this section:
"offensive weapon" includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
(1) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of burglary.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.
Penalty: Imprisonment for 13 years.
(3A) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is an offence against a law of the Commonwealth.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5) For the purposes of this Code, an offence against subsection (3) is also to be known as the offence of burglary.
(6) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth, a State or a Territory; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more; and
(c) the building is owned or occupied by a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(6A) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is an offence against a law of the Commonwealth, a State or a Territory.
(7) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(8) Absolute liability applies to the paragraph (6)(c) element of the offence.
(9) For the purposes of this Code, an offence against subsection (6) is also to be known as the offence of burglary.
(10) For the purposes of this section, a person is taken not to be a trespasser:
(a) merely because the person is permitted to enter, or remain in, a building for a purpose that is not the person's intended purpose; or
(b) if the person is permitted to enter, or remain in, a building as a result of fraud, misrepresentation or another person's mistake.
(12) In this section:
"building" includes:
(a) a part of a building; or
(b) a mobile home or a caravan; or
(c) a structure (whether or not movable), a vehicle, or a vessel, that is used, designed or adapted for residential purposes.
(1) A person is guilty of an offence if the person:
(a) commits a burglary in company with one or more other persons; or
(b) commits a burglary, and at the time of the burglary, has an offensive weapon with him or her.
Penalty: Imprisonment for 17 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated burglary.
(3) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(1), it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(4) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(3), it is not necessary to prove that:
(a) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or
(b) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(6), it is not necessary to prove that:
(a) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
(b) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or
(c) the defendant knew that the building was owned or occupied by a Commonwealth entity.
(6) In this section:
"offensive weapon" includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
132.6 Making off without payment
(1) A person is guilty of an offence if:
(a) the person, knowing that immediate payment for any goods or services supplied by another person is required or expected from him or her, dishonestly makes off:
(i) without having paid; and
(ii) with intent to avoid payment of the amount due; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 2 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
(3) For the purposes of this section, immediate payment includes payment at the time of collecting goods in respect of which a service has been provided.
132.7 Going equipped for theft or a property offence
(1) A person is guilty of an offence if the person, when not at home, has with him or her any article with intent to use it in the course of, or in connection with, theft or a property offence.
Penalty: Imprisonment for 3 years.
(2) In a prosecution for an offence against subsection (1) in relation to:
(a) theft; or
(b) robbery; or
(c) aggravated robbery; or
(d) the offence of burglary created by subsection 132.4(1); or
(e) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(1); or
(f) an offence against section 134.1;
it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1) in relation to:
(a) the offence of burglary created by subsection 132.4(3); or
(b) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(3);
it is not necessary to prove that:
(c) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or
(d) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(4) In a prosecution for an offence against subsection (1) in relation to:
(a) the offence of burglary created by subsection 132.4(6); or
(b) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(6);
it is not necessary to prove that:
(c) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
(d) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or
(e) the defendant knew that the building was owned or occupied by a Commonwealth entity.
(5) In this section:
"property offence" means:
(a) robbery; or
(b) aggravated robbery; or
(c) burglary; or
(d) aggravated burglary; or
(e) an offence against subsection 132.8(1); or
(f) an offence against section 134.1.
Note: It is an element of the offence of theft, and of each property offence, that the property belongs to a Commonwealth entity.
132.8 Dishonest taking or retention of property
Taking
(1) A person is guilty of an offence if the person:
(a) on a particular occasion, dishonestly takes one or more items of property belonging to a Commonwealth entity, where:
(i) the value or total value of the property is $500 or more; or
(ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control would be likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity; and
(b) does not have consent to do so from the person who has authority to give consent.
Penalty: Imprisonment for 2 years.
Retention
(2) A person is guilty of an offence if the person:
(a) on a particular occasion, takes one or more items of property belonging to a Commonwealth entity; and
(b) dishonestly retains any or all of those items; and
(c) does not have consent to the retention from the person who has authority to give consent; and
(d) either:
(i) at the time of the taking of the property, the value or total value of the property was $500 or more; or
(ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control is likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity.
Penalty: Imprisonment for 2 years.
132.9 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction--category D) applies to each offence against this Division.
Part 7.3 -- Fraudulent conduct
In this Part:
"account" means an account (including a loan account, a credit card account or a 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 as to law, and includes:
(a) a deception as to the intentions of the person using the deception or any other person; 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 134 -- Obtaining property or a financial advantage by deception
134.1 Obtaining property by deception
(1) A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains property belonging to another with the intention of permanently depriving the other of the property; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Obtaining property
(3) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person (the first person ) is taken to have obtained property if, and only if:
(a) the first person obtains ownership, possession or control of it for himself or herself or for another person; or
(b) the first person enables ownership, possession or control of it to be retained by himself or herself; or
(c) the first person induces a third person to pass ownership, possession or control of it to another person; or
(d) the first person induces a third person to enable another person to retain ownership, possession or control of it; or
(e) subsection (9) or (10) applies.
(4) The definition of obtaining in section 130.1 does not apply for the purposes of this section (or for the purposes of the application of section 132.1 to this section).
(5) For the purposes of this section, a person's obtaining of property belonging to another may be dishonest even if the person or another person is willing to pay for the property.
Intention of permanently depriving a person of property
(6) For the purposes of this section, if:
(a) a person obtains property belonging to another without meaning the other permanently to lose the thing itself; and
(b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
the person has the intention of permanently depriving the other of it.
(7) For the purposes of subsection (6), a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(8) For the purposes of subsection (6), if:
(a) a person has possession or control (lawfully or not) of property belonging to another; and
(b) the person parts with the property under a condition as to its return that the person may not be able to perform; and
(c) the parting is done for purposes of the person's own and without the other's authority;
the parting is taken to amount to treating the property as the person's own to dispose of regardless of the other's rights.
Money transfers
(9) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person ) causes an amount to be transferred from an account held by another person (the second person ) to an account held by the first person:
(a) the amount is taken to have been property that belonged to the second person; and
(b) the first person is taken to have obtained the property for himself or herself with the intention of permanently depriving the second person of the property.
(10) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person ) causes an amount to be transferred from an account held by another person (the second person ) to an account held by a third person:
(a) the amount is taken to have been property that belonged to the second person; and
(b) the first person is taken to have obtained the property for the third person with the intention of permanently depriving the second person of the property.
(11) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if:
(a) a credit is made to an account (the credited account ); and
(b) a debit is made to another account (the debited account ); and
(c) either:
(i) the credit results from the debit; or
(ii) the debit results from the credit;
the amount of the credit is taken to be transferred from the debited account to the credited account.
(12) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person is taken to cause an amount to be transferred from an account if the person induces another person to transfer the amount from the account (whether or not the other person is the holder of the account).
General deficiency
(13) A person may be convicted of an offence against this section involving all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were obtained over a period of time.
(14) A person may be convicted of an offence against this section involving all or any part of a general deficiency in property other than money even though the deficiency is made up of any number of particular items of property that were obtained over a period of time.
Alternative verdicts
(15) If, in a prosecution for an offence of theft, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence of theft but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(16) If, in a prosecution for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft, the trier of fact may find the defendant not guilty of the offence against this section but guilty of the offence of theft, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
134.2 Obtaining a financial advantage by deception
(1) A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains a financial advantage from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
134.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction--category D) applies to each offence against this Division.
Division 135 -- Other offences involving fraudulent conduct
Obtaining a gain
(1) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly obtaining a gain from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
Causing a loss
(3) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly causing a loss to another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another person; and
(b) the first - mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and
(c) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(6) Absolute liability applies to the paragraph (5)(c) element of the offence.
Influencing a Commonwealth public official
(7) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly influencing a public official in the exercise of the official's duties as a public official; and
(b) the public official is a Commonwealth public official; and
(c) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
135.2 Obtaining financial advantage
(1) A person is guilty of an offence if the person obtains a financial advantage for himself or herself from a Commonwealth entity knowing or believing that he or she is not eligible to receive that financial advantage.
Penalty: Imprisonment for 12 months.
(2) A person is guilty of an offence if the person obtains a financial advantage for another person from a Commonwealth entity knowing or believing that the other person is not eligible to receive that financial advantage.
Penalty: Imprisonment for 12 months.
(3) For the purposes of subsection (2), a person is taken to have obtained a financial advantage for another person from a Commonwealth entity if the first - mentioned person induces the Commonwealth entity to do something that results in the other person obtaining the financial advantage.
(4) The definition of obtaining in section 130.1 does not apply to this section.
Obtaining a gain
(1) A person is guilty of an offence if:
(a) the person conspires with another person with the intention of dishonestly obtaining a gain from a third person; and
(b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
Causing a loss
(3) A person is guilty of an offence if:
(a) the person conspires with another person with the intention of dishonestly causing a loss to a third person; and
(b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person conspires with another person to dishonestly cause a loss, or to dishonestly cause a risk of loss, to a third person; and
(b) the first - mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and
(c) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
Influencing a Commonwealth public official
(7) A person is guilty of an offence if:
(a) the person conspires with another person with the intention of dishonestly influencing a public official in the exercise of the official's duties as a public official; and
(b) the public official is a Commonwealth public official; and
(c) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
General provisions
(9) For a person to be guilty of an offence against this section:
(a) the person must have entered into an agreement with one or more other persons; and
(b) the person and at least one other party to the agreement must have intended to do the thing pursuant to the agreement; and
(c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.
(10) A person may be found guilty of an offence against this section even if:
(a) obtaining the gain, causing the loss, causing the risk of loss, or influencing the Commonwealth public official, as the case may be, is impossible; or
(b) the only other party to the agreement is a body corporate; or
(c) each other party to the agreement is a person who is not criminally responsible; or
(d) subject to subsection (11), all other parties to the agreement have been acquitted of the offence.
(11) A person cannot be found guilty of an offence against this section if:
(a) all other parties to the agreement have been acquitted of such an offence; and
(b) a finding of guilt would be inconsistent with their acquittal.
(12) A person cannot be found guilty of an offence against this section if, before the commission of an overt act pursuant to the agreement, the person:
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the doing of the thing.
(13) A court may dismiss a charge of an offence against this section if the court thinks that the interests of justice require the court to do so.
(14) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. However, before the necessary consent has been given, a person may be:
(a) arrested for an offence against this section; or
(b) charged with an offence against this section; or
(c) remanded in custody or released on bail in connection with an offence against this section.
135.5 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction--category D) applies to each offence against this Division.
Part 7.4 -- False or misleading statements
Division 136 -- False or misleading statements in applications
136.1 False or misleading statements in applications
Knowledge
(1) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so knowing that the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with:
(i) an application for a licence, permit or authority; or
(ii) an application for registration; or
(iii) an application or claim for a benefit; and
(d) any of the following subparagraphs applies:
(i) the statement is made to a Commonwealth entity;
(ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
Recklessness
(4) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so reckless as to whether the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading; and
(c) the statement is made in, or in connection with:
(i) an application for a licence, permit or authority; or
(ii) an application for registration; or
(iii) an application or claim for a benefit; and
(d) any of the following subparagraphs applies:
(i) the statement is made to a Commonwealth entity;
(ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 6 months.
(5) Subsection (4) does not apply as a result of subparagraph (4)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) Subsection (4) does not apply as a result of subparagraph (4)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).
Alternative verdicts
(7) If, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (4), the trier of fact may find the defendant not guilty of the offence against subsection (1) but guilty of the offence against subsection (4), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Geographical jurisdiction
(8) Section 15.4 (extended geographical jurisdiction--category D) applies to an offence against subsection (1) or (4).
Definition
(9) In this section:
"benefit" includes any advantage and is not limited to property.
Division 137 -- False or misleading information or documents
137.1 False or misleading information
(1) A person is guilty of an offence if:
(a) the person gives information to another person; and
(b) the person does so knowing that the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is misleading; and
(c) any of the following subparagraphs applies:
(i) the information is given to a Commonwealth entity;
(ii) the information is given to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
(iii) the information is given in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the information is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
(4) Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).
(5) Subsection (1) does not apply as a result of subparagraph (1)(c)(ii) if, before the information was given by a person (the first person ) to the person mentioned in that subparagraph (the second person ), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:
"Giving false or misleading information is a serious offence".
137.2 False or misleading documents
(1) A person is guilty of an offence if:
(a) the person produces a document to another person; and
(b) the person does so knowing that the document is false or misleading; and
(c) the document is produced in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
(a) stating that the document is, to the knowledge of the first - mentioned person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first - mentioned person, false or misleading.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
137.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction--category D) applies to each offence against this Division.
Part 7.5 -- Unwarranted demands
138.1 Unwarranted demand with menaces
(1) For the purposes of this Part, a person (the first person ) makes an unwarranted demand with menaces of another person if, and only if:
(a) the first person makes a demand with menaces of the other person; and
(b) the first person does not believe that he or she has reasonable grounds for making the demand; and
(c) the first person does not reasonably believe that the use of the menaces is a proper means of reinforcing the demand.
(2) This Part applies to a demand whether or not it is for property.
(3) This Part applies to a demand with menaces, whether or not the menaces relate to conduct to be engaged in by the person making the demand.
(1) For the purposes of this Part, menaces includes:
(a) a threat (whether express or implied) of conduct that is detrimental or unpleasant to another person; or
(b) a general threat of detrimental or unpleasant conduct that is implied because of the status, office or position of the maker of the threat.
Threat against an individual
(2) For the purposes of this Part, a threat against an individual is taken not to be menaces unless:
(a) both:
(i) the threat would be likely to cause the individual to act unwillingly; and
(ii) the maker of the threat is aware of the vulnerability of the individual to the threat; or
(b) the threat would be likely to cause a person of normal stability and courage to act unwillingly.
Threat against a person who is not an individual
(3) For the purposes of this Part, a threat against a person who is not an individual is taken not to be menaces unless:
(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.
Division 139 -- Unwarranted demands
139.1 Unwarranted demands of a Commonwealth public official
A person is guilty of an offence if:
(a) the person makes an unwarranted demand with menaces of another person; and
(b) the demand or the menaces are directly or indirectly related to:
(i) the other person's capacity as a Commonwealth public official; or
(ii) any influence the other person has in the other person's capacity as a Commonwealth public official; and
(c) the first - mentioned person does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing the official in the exercise of the official's duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
139.2 Unwarranted demands made by a Commonwealth public official
A Commonwealth public official is guilty of an offence if:
(a) the official makes an unwarranted demand with menaces of another person; and
(b) the demand or the menaces are directly or indirectly related to:
(i) the official's capacity as a Commonwealth public official; or
(ii) any influence the official has in the official's capacity as a Commonwealth public official; and
(c) the official does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing another Commonwealth public official in the exercise of the other official's duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
139.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction--category C) applies to each offence against this Division.
Part 7.6 -- Bribery and related offences
In this Part:
"benefit" includes any advantage and is not limited to property.
(1) For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first - mentioned person induces a third person to do something that results in the other person obtaining the benefit.
(2) The definition of obtaining in section 130.1 does not apply to this Part.
141.1 Bribery of a Commonwealth public official
Giving a bribe
(1) A person is guilty of an offence if:
(a) the person dishonestly:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
(b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official's duties as a public official; and
(c) the public official is a Commonwealth public official; and
(d) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
Receiving a bribe
(3) A Commonwealth public official is guilty of an offence if:
(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the official does so with the intention:
(i) that the exercise of the official's duties as a Commonwealth public official will be influenced; or
(ii) of inducing, fostering or sustaining a belief that the exercise of the official's duties as a Commonwealth public official will be influenced.
Penalty: Imprisonment for 10 years.
Geographical jurisdiction
(4) Section 15.4 (extended geographical jurisdiction--category D) applies to an offence against subsection (1) or (3).
Division 142 -- Offences relating to bribery
142.1 Corrupting benefits given to, or received by, a Commonwealth public official
Giving a corrupting benefit
(1) A person is guilty of an offence if:
(a) the person dishonestly:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the official's duties as a public official; and
(c) the public official is a Commonwealth public official; and
(d) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
Receiving a corrupting benefit
(3) A Commonwealth public official is guilty of an offence if:
(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first - mentioned official) in the exercise of the official's duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
Benefit in the nature of a reward
(4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.
(1) A Commonwealth public official is guilty of an offence if:
(a) the official:
(i) exercises any influence that the official has in the official's capacity as a Commonwealth public official; or
(ii) engages in any conduct in the exercise of the official's duties as a Commonwealth public official; or
(iii) uses any information that the official has obtained in the official's capacity as a Commonwealth public official; and
(b) the official does so with the intention of:
(i) dishonestly obtaining a benefit for himself or herself or for another person; or
(ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 5 years.
(2) A person is guilty of an offence if:
(a) the person has ceased to be a Commonwealth public official in a particular capacity; and
(b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and
(c) the person does so with the intention of:
(i) dishonestly obtaining a benefit for himself or herself or for another person; or
(ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 5 years.
(3) Paragraph (2)(a) applies to a cessation by a person:
(a) whether or not the person continues to be a Commonwealth public official in some other capacity; and
(b) whether the cessation occurred before, at or after the commencement of this section.
142.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction--category D) applies to each offence against this Division.
Part 7.7 -- Forgery and related offences
(1) In this Part:
"document" includes:
(a) any paper or other material on which there is writing; or
(b) any paper or other material on which there are marks, figures, symbols or perforations that are:
(i) capable of being given a meaning by persons qualified to interpret them; or
(ii) capable of being responded to by a computer, a machine or an electronic device; or
(c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.
"false Commonwealth document" has the meaning given by section 143.3.
"false document" has the meaning given by section 143.2.
"information" means information, whether in the form of data, text, sounds, images or in any other form.
(2) The following are examples of things covered by the definition of document in subsection (1):
(a) a credit card;
(b) a debit card;
(c) a card by means of which property can be obtained.
(1) For the purposes of this Part, a document is a false document if, and only if:
(a) the document, or any part of the document:
(i) purports to have been made in the form in which it is made by a person who did not make it in that form; or
(ii) purports 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
(b) the document, or any part of the document:
(i) purports to have been made in the terms in which it is made by a person who did not make it in those terms; or
(ii) purports 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
(c) the document, or any part of the document:
(i) purports to have been altered in any respect by a person who did not alter it in that respect; or
(ii) purports to have been altered in any respect on the authority of a person who did not authorise its alteration in that respect; or
(d) the document, or any part of the document:
(i) purports to have been made or altered by a person who did not exist; or
(ii) purports to have been made or altered on the authority of a person who did not exist; or
(e) the document, or any part of the document, purports to have been made or altered on a date on which, at a time at which, at a place at which, or otherwise in circumstances in which, it was not made or altered.
(2) For the purposes of this Part, a person is taken to make a false document if the person alters a document so as to make it a false document (whether or not it was already a false document before the alteration).
(3) This section has effect as if a document that purports to be a true copy of another document were the original document.
143.3 False Commonwealth documents
(1) For the purposes of this Part, a document is a false Commonwealth document if, and only if:
(a) the document, or any part of the document:
(i) purports to have been made in the form in which it is made by a Commonwealth entity, or a Commonwealth public official, who did not make it in that form; or
(ii) purports to have been made in the form in which it is made on the authority of a Commonwealth entity, or a Commonwealth public official, who did not authorise its making in that form; or
(b) the document, or any part of the document:
(i) purports to have been made in the terms in which it is made by a Commonwealth entity, or a Commonwealth public official, who did not make it in those terms; or
(ii) purports to have been made in the terms in which it is made on the authority of a Commonwealth entity, or a Commonwealth public official, who did not authorise its making in those terms; or
(c) the document, or any part of the document:
(i) purports to have been altered in any respect by a Commonwealth entity, or a Commonwealth public official, who did not alter it in that respect; or
(ii) purports to have been altered in any respect on the authority of a Commonwealth entity, or a Commonwealth public official, who did not authorise its alteration in that respect; or
(d) the document, or any part of the document:
(i) purports to have been made or altered by a Commonwealth entity, or a Commonwealth public official, who did not exist; or
(ii) purports to have been made or altered on the authority of a Commonwealth entity, or a Commonwealth public official, who did not exist; or
(e) the document, or any part of the document, purports to have been made or altered by a Commonwealth entity, or a Commonwealth public official, on a date on which, at a time at which, at a place at which, or otherwise in circumstances in which, it was not made or altered.
(2) For the purposes of this Part, a person is taken to make a false Commonwealth document if the person alters a document so as to make it a false Commonwealth document (whether or not it was already a false Commonwealth document before the alteration).
(3) This section has effect as if a document that purports to be a true copy of another document were the original document.
(4) A reference in this section to a Commonwealth public official is a reference to a person in the person's capacity as a Commonwealth public official.
143.4 Inducing acceptance of false documents
If it is necessary for the purposes of this Part to prove an intent to induce a person in the person's capacity as a public official to accept a false document as genuine, it is not necessary to prove that the defendant intended so to induce a particular person in the person's capacity as a public official.
(1) A person is guilty of an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly induce a third person in the third person's capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the capacity is a capacity as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.
(3) A person is guilty of an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the response is in connection with the operations of a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly induce a third person to accept it as genuine; and
(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
(7) A person is guilty of an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
(9) Section 15.4 (extended geographical jurisdiction--category D) applies to an offence against subsection (1), (3), (5) or (7).
Division 145 -- Offences relating to forgery
(1) A person is guilty of an offence if:
(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person in the other person's capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and
(b) the capacity is a capacity as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.
(3) A person is guilty of an offence if:
(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and
(b) the response is in connection with the operations of a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
(7) A person is guilty of an offence if:
(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
145.2 Possession of forged document
(1) A person is guilty of an offence if:
(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:
(i) to dishonestly induce a third person in the third person's capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the capacity is a capacity as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.
(3) A person is guilty of an offence if:
(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:
(i) to cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the response is in connection with the operations of a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:
(i) to dishonestly induce a third person to accept it as genuine; and
(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
(7) A person is guilty of an offence if:
(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:
(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
145.3 Possession, making or adaptation of devices etc. for making forgeries
(1) A person is guilty of an offence if:
(a) the person knows that a device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and
(b) the person has the device, material or thing in his or her possession with the intention that the person or another person will use it to commit an offence against section 144.1.
Penalty: Imprisonment for 10 years.
(2) A person is guilty of an offence if:
(a) the person makes or adapts a device, material or other thing; and
(b) the person knows that the device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and
(c) the person makes or adapts the device, material or thing with the intention that the person or another person will use it to commit an offence against section 144.1.
Penalty: Imprisonment for 10 years.
(3) A person is guilty of an offence if:
(a) the person knows that a device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose); and
(b) the person has the device, material or thing in his or her possession; and
(c) the person does not have a reasonable excuse for having the device, material or thing in his or her possession.
Penalty: Imprisonment for 2 years.
Note: A defendant bears an evidential burden in relation to the matter in paragraph (3)(c). See subsection 13.3(3).
(4) A person is guilty of an offence if:
(a) the person makes or adapts a device, material or other thing; and
(b) the person knows that the device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose).
Penalty: Imprisonment for 2 years.
Note: See also section 10.5 (lawful authority).
145.4 Falsification of documents etc.
(1) A person is guilty of an offence if:
(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and
(b) the document is:
(i) kept, retained or issued for the purposes of a law of the Commonwealth; or
(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
(c) the first - mentioned person does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss.
Penalty: Imprisonment for 7 years.
(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.
(2) A person is guilty of an offence if:
(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and
(b) the person does so with the intention of:
(i) obtaining a gain from another person; or
(ii) causing a loss to another person; and
(c) the other person is a Commonwealth entity.
Penalty: Imprisonment for 7 years.
(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
145.5 Giving information derived from false or misleading documents
(1) A person is guilty of an offence if:
(a) the person dishonestly gives information to another person; and
(b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first - mentioned person, is false or misleading in a material particular; and
(c) the document is:
(i) kept, retained or issued for the purposes of a law of the Commonwealth; or
(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
(d) the first - mentioned person does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss.
Penalty: Imprisonment for 7 years.
(1A) Absolute liability applies to the paragraph (1)(c) element of the offence.
(2) A person is guilty of an offence if:
(a) the person dishonestly gives information to another person; and
(b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first - mentioned person, is false or misleading in a material particular; and
(c) the first - mentioned person does so with the intention of:
(i) obtaining a gain from another person; or
(ii) causing a loss to another person; and
(d) the other person is a Commonwealth entity.
Penalty: Imprisonment for 7 years.
(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
145.6 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction--category D) applies to each offence against this Division.
Part 7.8 -- Causing harm to, and impersonation and obstruction of, Commonwealth public officials
In this Part:
"Commonwealth law enforcement officer" means a person who is:
(a) a member or special member of the Australian Federal Police; or
(b) a member of the National Crime Authority; or
(c) a member of the staff of the National Crime Authority; or
(d) the Chief Executive Officer of Customs; or
(e) a person employed in the Australian Customs Service.
"fear" includes apprehension.
"harm" means:
(a) physical harm (whether temporary or permanent); or
(b) harm to a person's mental health (whether temporary or permanent);
but does not include being subjected to a force or impact that is within the limits of what is reasonably acceptable as incidental to:
(c) social interaction; or
(d) life in the community.
"harm to a person's mental health" includes significant psychological harm to the person, but does not include a reference to ordinary emotional reactions (for example, distress, grief, fear or anger).
"physical harm" includes:
(a) unconsciousness; and
(b) pain; and
(c) disfigurement; and
(d) infection with a disease; and
(e) any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).
"serious harm" means any harm (including the cumulative effect of more than one harm) that:
(a) endangers, or is likely to endanger, a person's life; or
(b) is, or is likely to be, significant and longstanding.
For the purposes of this Part, a person's conduct is taken to cause harm if it substantially contributes to harm.
Division 147 -- Causing harm to Commonwealth public officials
147.1 Causing harm to a Commonwealth public official etc.
Causing harm to a Commonwealth public official
(1) A person (the first person ) is guilty of an offence if:
(a) the first person engages in conduct; and
(b) the first person's conduct causes harm to a public official; and
(c) the first person intends that his or her conduct cause harm to the official; and
(d) the harm is caused without the consent of the official; and
(e) the first person engages in his or her conduct because of:
(i) the official's status as a public official; or
(ii) any conduct engaged in by the official in the official's capacity as a public official; and
(ea) the public official is a Commonwealth public official; and
(eb) if subparagraph (e)(i) applies--the status mentioned in that subparagraph was status as a Commonwealth public official; and
(ec) if subparagraph (e)(ii) applies--the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.
Penalty:
(f) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer--imprisonment for 13 years; or
(g) in any other case--imprisonment for 10 years.
(1A) Absolute liability applies to the paragraphs (1)(ea), (eb) and (ec) elements of the offence.
Causing harm to a former Governor - General, former Minister or former Parliamentary Secretary
(2) A person (the first person ) is guilty of an offence if:
(a) the first person engages in conduct; and
(b) the first person's conduct causes harm to another person; and
(c) the other person is a former Governor - General, a former Minister or a former Parliamentary Secretary; and
(d) the first person intends that his or her conduct cause harm to the other person; and
(e) the harm is caused without the consent of the other person; and
(f) the first person engages in his or her conduct because of:
(i) the other person's status as a former Governor - General, former Minister or former Parliamentary Secretary; or
(ii) any conduct engaged in by the other person in the other person's former capacity as a Governor - General, Minister or Parliamentary Secretary.
Penalty: Imprisonment for 10 years.
147.2 Threatening to cause harm to a Commonwealth public official etc.
Threatening to cause serious harm
(1) A person (the first person ) is guilty of an offence if:
(a) the first person makes to another person (the second person ) a threat to cause serious harm to the second person or to a third person; and
(b) the second person or the third person is a public official; and
(c) the first person:
(i) intends the second person to fear that the threat will be carried out; or
(ii) is reckless as to causing the second person to fear that the threat will be carried out; and
(d) the first person makes the threat because of:
(i) the official's status as a public official; or
(ii) any conduct engaged in by the official in the official's capacity as a public official; and
(da) the official is a Commonwealth public official; and
(db) if subparagraph (d)(i) applies--the status mentioned in that subparagraph was status as a Commonwealth public official; and
(dc) if subparagraph (d)(ii) applies--the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.
Penalty:
(e) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer--imprisonment for 9 years; or
(f) in any other case--imprisonment for 7 years.
(1A) Absolute liability applies to the paragraphs (1)(da), (db) and (dc) elements of the offence.
Threatening to cause harm
(2) A person (the first person ) is guilty of an offence if:
(a) the first person makes to another person (the second person ) a threat to cause harm to the second person or to a third person; and
(b) the second person or the third person is a public official; and
(c) the first person:
(i) intends the second person to fear that the threat will be carried out; or
(ii) is reckless as to causing the second person to fear that the threat will be carried out; and
(d) the first person makes the threat because of:
(i) the official's status as a public official; or
(ii) any conduct engaged in by the official in the official's capacity as a public official; and
(e) the official is a Commonwealth public official; and
(f) if subparagraph (d)(i) applies--the status mentioned in that subparagraph was status as a Commonwealth public official; and
(g) if subparagraph (d)(ii) applies--the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.
Penalty: Imprisonment for 2 years
(2A) Absolute liability applies to the paragraphs (2)(e), (f) and (g) elements of the offence.
Threatening to cause serious harm to a former Governor - General, former Minister or former Parliamentary Secretary
(3) A person (the first person ) is guilty of an offence if:
(a) the first person makes to another person (the second person ) a threat to cause serious harm to the second person or to a third person; and
(b) the second person or the third person is a former Governor - General, a former Minister or a former Parliamentary Secretary; and
(c) the first person:
(i) intends the second person to fear that the threat will be carried out; or
(ii) is reckless as to causing the second person to fear that the threat will be carried out; and
(d) the first person makes the threat because of:
(i) the second or third person's status as a former Governor - General, a former Minister or a former Parliamentary Secretary; or
(ii) any conduct engaged in by the second or third person in the second or third person's former capacity as a Governor - General, a Minister or a Parliamentary Secretary.
Penalty: Imprisonment for 7 years.
Threats
(4) For the purposes of this section, a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
Unnecessary to prove that a threatened person actually feared harm
(5) In a prosecution for an offence against this section, it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
147.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction--category C) applies to each offence against this Division.
Division 148 -- Impersonation of Commonwealth public officials
148.1 Impersonation of an official by a non - official
(1) A person other than a Commonwealth public official is guilty of an offence if:
(a) on a particular occasion, the person impersonates another person in that other person's capacity as a Commonwealth public official; and
(b) the first - mentioned person does so knowing it to be in circumstances when the official is likely to be on duty; and
(c) the first - mentioned person does so with intent to deceive.
Penalty: Imprisonment for 2 years.
(2) A person other than a Commonwealth public official is guilty of an offence if:
(a) the person falsely represents himself or herself to be another person in that other person's capacity as a Commonwealth public official; and
(b) the first - mentioned person does so in the course of doing an act, or attending a place, in the assumed character of that official.
Penalty: Imprisonment for 2 years.
(2A) For the purposes of subsection (2), it is immaterial:
(a) whether the other person exists or is fictitious; and
(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.
(3) A person other than a Commonwealth public official is guilty of an offence if:
(a) the person:
(i) impersonates another person in that other person's capacity as a Commonwealth public official; or
(ii) falsely represents himself or herself to be a another person in that other person's capacity as a Commonwealth public official; and
(b) the first - mentioned person does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing the exercise of a public duty or function; and
(c) if subparagraph (a)(i) applies--the first - mentioned person also does so with intent to deceive.
Penalty: Imprisonment for 5 years.
(3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial:
(a) whether the other person exists or is fictitious; and
(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.
(4) The definition of duty in section 130.1 does not apply to this section.
(5) To avoid doubt, for the purposes of this section:
(a) impersonation does not include conduct engaged in solely for satirical purposes; and
(b) false representation does not include conduct engaged in solely for satirical purposes.
148.2 Impersonation of an official by another official
(1) A Commonwealth public official is guilty of an offence if:
(a) on a particular occasion, the official impersonates another person in that other person's capacity as a Commonwealth public official; and
(b) the first - mentioned official does so knowing it to be in circumstances when the other official is likely to be on duty; and
(c) the first - mentioned official does so with intent to deceive.
Penalty: Imprisonment for 2 years.
(2) A Commonwealth public official is guilty of an offence if:
(a) the official falsely represents himself or herself to be another person in the other person's capacity as a Commonwealth public official; and
(b) the first - mentioned official does so in the course of doing an act, or attending a place, in the assumed character of the other official.
Penalty: Imprisonment for 2 years.
(2A) For the purposes of subsection (2), it is immaterial:
(a) whether the other person exists or is fictitious; and
(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.
(3) A Commonwealth public official is guilty of an offence if:
(a) the official:
(i) impersonates another person in the other person's capacity as a Commonwealth public official; or
(ii) falsely represents himself or herself to be another person in the other person's capacity as a Commonwealth public official; and
(b) the first - mentioned official does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing the exercise of a public duty or function; and
(c) if subparagraph (a)(i) applies--the first - mentioned official also does so with intent to deceive.
Penalty: Imprisonment for 5 years.
(3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial:
(a) whether the other person exists or is fictitious; and
(b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.
(4) The definition of duty in section 130.1 does not apply to this section.
(5) To avoid doubt, for the purposes of this section:
(a) impersonation does not include conduct engaged in solely for satirical purposes; and
(b) false representation does not include conduct engaged in solely for satirical purposes.
148.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction--category C) applies to each offence against this Division.
Division 149 -- Obstruction of Commonwealth public officials
149.1 Obstruction of Commonwealth public officials
(1) A person is guilty of an offence if:
(a) the person knows that another person is a public official; and
(b) the first - mentioned person obstructs, hinders, intimidates or resists the official in the performance of the official's functions; and
(c) the official is a Commonwealth public official; and
(d) the functions are functions as a Commonwealth public official.
Penalty: Imprisonment for 2 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the functions were functions as a Commonwealth public official.
(3) For the purposes of this section, it is immaterial whether the defendant was aware that the public official was performing the official's functions.
(4) Section 15.3 (extended geographical jurisdiction--category C) applies to an offence against subsection (1).
(5) The definition of duty in section 130.1 does not apply to this section.
(6) In this section:
"function" :
(a) in relation to a person who is a public official--means any authority, duty, function or power that is conferred on the person as a public official; or
(b) in relation to a person who is a Commonwealth public official--means any authority, duty, function or power that is conferred on the person as a Commonwealth public official.
This Chapter is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
This Chapter does not limit the power of a court to punish a contempt of the court.
To avoid doubt, subsection 11.6(2) does not apply to the following provisions:
(a) subsection 131.1(2) (theft);
(b) subsection 132.1(2) (receiving);
(c) subsection 132.2(2) (robbery);
(d) subsection 132.3(2) (aggravated robbery);
(e) subsections 132.4(2), (5) and (9) (burglary);
(f) subsection 132.5(2) (aggravated burglary);
(g) the definitions of aggravated burglary , aggravated robbery , burglary , receiving , robbery and theft in the Dictionary.
16 The Schedule (before the Dictionary in the Criminal Code )
Insert:
Chapter 10 -- National infrastructure
In this Part:
"article" has the same meaning as in the Australian Postal Corporation Act 1989 .
"article in the course of post" means an article that is being carried by post, and includes an article that has been collected or received by or on behalf of Australia Post for carriage by post, but has not been delivered by or on behalf of Australia Post.
"Australia Post" means the Australian Postal Corporation.
"carry" , in relation to an article, has the same meaning as in the Australian Postal Corporation Act 1989 .
"carry by post" has the same meaning as in the Australian Postal Corporation Act 1989 .
"mail-receptacle" means a mail - bag, package, parcel, container, wrapper, receptacle or similar thing that:
(a) belongs to, or is in the possession of, Australia Post; and
(b) is used, or intended for use, in the carriage of articles by post (whether or not it actually contains such articles).
"postage stamp" has the same meaning as in the Australian Postal Corporation Act 1989 .
"postal message" means:
(a) a material record of an unwritten communication:
(i) carried by post; or
(ii) collected or received by Australia Post for carriage by post; or
(b) a material record issued by Australia Post as a record of an unwritten communication:
(i) carried by post; or
(ii) collected or received by Australia Post for carriage by post.
"property" has the same meaning as in Chapter 7.
"unwritten communication" has the same meaning as in the Australian Postal Corporation Act 1989 .
For the purposes of this Part, 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.
470.3 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.
Division 471 -- Postal offences
471.1 Theft of mail - receptacles, articles or postal messages
(1) A person is guilty of an offence if:
(a) the person dishonestly appropriates:
(i) a mail - receptacle; or
(ii) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
(iii) a postal message; and
(b) the person does so with the intention of permanently depriving another person of the mail - receptacle, article or postal message.
Penalty: Imprisonment for 10 years.
Dishonesty
(2) For the purposes of this section, a person's appropriation of a mail - receptacle, article or postal message may be dishonest even if the person or another person is willing to pay for the mail - receptacle, article or postal message.
Intention of permanently depriving a person of a mail - receptacle, article or postal message
(3) For the purposes of this section, if:
(a) a person appropriates a mail - receptacle, article or postal message without meaning another permanently to lose the thing itself; and
(b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
the person has the intention of permanently depriving the other of it.
(4) For the purposes of subsection (3), a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
471.2 Receiving stolen mail - receptacles, articles or postal messages
(1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Penalty: Imprisonment for 10 years.
Stolen property
(2) For the purposes of this section, property is stolen property if, and only if:
(a) it is original stolen property (as defined by subsection (3)); or
(b) it is tainted property (as defined by subsection (5)).
This subsection has effect subject to subsection (4).
Original stolen property
(3) For the purposes of this section, original stolen property is property, or a part of property, that:
(a) was appropriated in the course of an offence against section 471.1 (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and
(b) is in the possession or custody of the person who so appropriated the property.
(4) For the purposes of this section, property ceases to be original stolen property:
(a) after the property is restored:
(i) to the person from whom it was appropriated; or
(ii) to other lawful possession or custody; or
(b) after:
(i) the person from whom the property was appropriated ceases to have any right to restitution in respect of the property; or
(ii) a person claiming through the person from whom the property was appropriated ceases to have any right to restitution in respect of the property.
Tainted property
(5) For the purposes of this section, tainted property is property that:
(a) is (in whole or in part) the proceeds of sale of, or property exchanged for, original stolen property; and
(b) is in the possession or custody of the person who so appropriated the original stolen property.
Alternative verdicts
(6) If, in a prosecution for an offence against section 471.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence against section 471.1 but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(7) If, in a prosecution for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 471.1, the trier of fact may find the defendant not guilty of the offence against this section but guilty of the offence against section 471.1, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Receiving stolen property before commencement
(8) For the purposes of this section:
(a) it is to be assumed that section 471.1 had been in force at all times before the commencement of this section; and
(b) property that was appropriated at a time before the commencement of this section does not become stolen property unless the property was appropriated in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.
471.3 Taking or concealing of mail - receptacles, articles or postal messages
A person is guilty of an offence if the person dishonestly takes or conceals:
(a) a mail - receptacle; or
(b) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
(c) a postal message.
Penalty: Imprisonment for 5 years.
471.4 Dishonest removal of postage stamps or postmarks
A person is guilty of an offence if the person dishonestly:
(a) removes any postage stamp affixed to, or printed on, an article; or
(b) removes any postmark from a postage stamp that has previously been used for postal services .
Penalty: Imprisonment for 12 months.
471.5 Dishonest use of previously used, defaced or obliterated stamps
(1) A person is guilty of an offence if the person dishonestly uses for postal services a postage stamp:
(a) that has previously been used for postal services; or
(b) that has been obliterated; or
(c) that has been defaced.
Penalty: Imprisonment for 12 months.
(2) If, in proceedings for an offence against subsection (1), it is proved that the defendant caused an article to or on which was affixed or printed a postage stamp:
(a) that had previously been used for postal services; or
(b) that had been obliterated; or
(c) that had been defaced;
to be carried by post, it is presumed, in the absence of evidence to the contrary, that the defendant used the stamp for postal services.
(3) The burden of proof in respect of evidence to the contrary is an evidential burden of proof.
471.6 Damaging or destroying mail - receptacles, articles or postal messages
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the person's conduct causes damage to, or the destruction of:
(i) a mail - receptacle; or
(ii) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
(iii) a postal message; and
(c) the person:
(i) intends that his or her conduct cause that damage; or
(ii) is reckless as to whether his or her conduct causes that damage.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this section, a person's conduct is taken to cause the destruction of a thing if the person's conduct causes the physical loss of the thing by interfering with the thing (including by removing any restraint over the thing or abandoning the thing).
(3) For the purposes of this section, a person's conduct is taken to cause damage to a thing if:
(a) the person's conduct causes any loss of a use of the function of the thing by interfering with the thing; or
(b) the person's conduct causes the thing to be defaced.
471.7 Tampering with mail - receptacles
(1) A person is guilty of an offence if the person dishonestly:
(a) opens a mail - receptacle; or
(b) tampers with a mail - receptacle.
Penalty: Imprisonment for 5 years.
(2) A person is guilty of an offence if:
(a) the person intentionally opens a mail - receptacle; and
(b) the person is not authorised by Australia Post to open the mail - receptacle; and
(c) the person does so knowing that he or she is not authorised by Australia Post to open the mail - receptacle.
Penalty: Imprisonment for 2 years.
471.8 Dishonestly obtaining delivery of articles
A person is guilty of an offence if the person dishonestly obtains delivery of, or receipt of, an article in the course of post that is not directed to the person.
Penalty: Imprisonment for 5 years.
471.9 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction--category C) applies to each offence against this Part.
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
472.2 Interpretation of other laws
In determining the meaning of a provision of:
(a) Part VIIA of the Crimes Act 1914 ; or
(b) the Australian Postal Corporation Act 1989 ;
this Part is to be disregarded.
Part 10.6 -- Telecommunications
In this Part:
"loss" means a loss in property, whether temporary or permanent, and includes not getting what one might get.
"obtaining" includes:
(a) obtaining for another person; and
(b) inducing a third person to do something that results in another person obtaining.
"property" has the same meaning as in Chapter 7.
"carriage service" has the same meaning as in the Telecommunications Act 1997 .
"carriage service provider" has the same meaning as in the Telecommunications Act 1997 .
For the purposes of this Part, 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.
473.3 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.
Division 474 -- Telecommunications offences
474.1 General dishonesty with respect to a carriage service provider
Obtaining a gain
(1) A person is guilty of an offence if the person does anything with the intention of dishonestly obtaining a gain from a carriage service provider by way of the supply of a carriage service.
Penalty: Imprisonment for 5 years.
Causing a loss
(2) A person is guilty of an offence if the person does anything with the intention of dishonestly causing a loss to a carriage service provider in connection with the supply of a carriage service.
Penalty: Imprisonment for 5 years.
(3) A person is guilty of an offence if:
(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to a carriage service provider in connection with the supply of a carriage service; and
(b) the person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring.
Penalty: Imprisonment for 5 years.
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
17 The Dictionary in the Criminal Code
Insert:
"aggravated burglary" means an offence against section 132.5.
18 The Dictionary in the Criminal Code
Insert:
"aggravated robbery" means an offence against section 132.3.
19 The Dictionary in the Criminal Code
Insert:
"ancillary offence" means:
(a) an offence against section 11.1, 11.4 or 11.5; or
(b) an offence against a law of the Commonwealth, to the extent to which the offence arises out of the operation of section 11.2 or 11.3.
20 The Dictionary in the Criminal Code
Insert:
"Australian aircraft" means:
(a) an aircraft registered, or required to be registered, under the Civil Aviation Regulations as an Australian aircraft; or
(b) an aircraft (other than a defence aircraft) that is owned by, or in the possession or control of, a Commonwealth entity; or
(c) a defence aircraft.
21 The Dictionary in the Criminal Code
Insert:
"Australian ship" means:
(a) a ship registered, or required to be registered, under the Shipping Registration Act 1981 ; or
(b) an unregistered ship that has Australian nationality; or
(c) a defence ship.
22 The Dictionary in the Criminal Code
Insert:
"burglary" means an offence against section 132.4.
23 The Dictionary in the Criminal Code
Insert:
"Commonwealth authority" means a body established by or under a law of the Commonwealth, but does not include:
(a) a body established by or under:
(i) the Aboriginal Councils and Associations Act 1976 ; or
(ii) the Australian Capital Territory (Self - Government) Act 1988 ; or
(iii) the Corporations Law of the Australian Capital Territory ; or
(iv) the Norfolk Island Act 1979 ; or
(v) the Northern Territory (Self - Government) Act 1978 ; or
(vi) Part IX of the Workplace Relations Act 1996 ; or
(b) a body specified in the regulations.
24 The Dictionary in the Criminal Code
Insert:
"Commonwealth contract" means a contract, to which a Commonwealth entity is a party, under which services are to be, or were to be, provided to a Commonwealth entity.
25 The Dictionary in the Criminal Code
Insert:
"Commonwealth entity" means:
(a) the Commonwealth; or
(b) a Commonwealth authority.
26 The Dictionary in the Criminal Code
Insert:
"Commonwealth judicial officer" means:
(a) a Justice of the High Court; or
(b) a judge or justice of a court created by the Parliament (other than the Federal Magistrates Court ); or
(c) a Federal Magistrate; or
(d) a registrar or other officer of the High Court; or
(e) a judicial registrar, registrar or other officer of a court created by the Parliament; or
(f) a judge, justice, magistrate or other judicial officer of a court of a State or Territory who acts in the exercise of federal jurisdiction; or
(g) a judicial registrar, registrar or other officer of a court of a State or Territory who exercises powers, or performs functions, incidental to the exercise of federal jurisdiction; or
(h) a judge, justice, magistrate or other judicial officer of a court of a State or Territory who acts in the exercise of jurisdiction under a law in force in a Territory (other than the Australian Capital Territory, the Northern Territory or the Territory of Norfolk Island); or
(i) a judicial registrar, registrar or other officer of a court of a State or Territory who exercises powers, or performs functions, incidental to the exercise of jurisdiction under a law in force in a Territory (other than the Australian Capital Territory, the Northern Territory or the Territory of Norfolk Island).
27 The Dictionary in the Criminal Code
Insert:
"Commonwealth public official" means:
(a) the Governor - General; or
(b) a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or
(c) a Minister; or
(d) a Parliamentary Secretary; or
(e) a member of either House of the Parliament; or
(f) an individual who holds an appointment under section 67 of the Constitution; or
(g) the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory ; or
(h) the Administrator, an Acting Administrator, or a Deputy Administrator, of Norfolk Island ; or
(i) a Commonwealth judicial officer; or
(j) an APS employee; or
(k) an individual employed by the Commonwealth otherwise than under the Public Service Act 1999 ; or
(l) a member of the Australian Defence Force; or
(m) a member or special member of the Australian Federal Police; or
(n) an individual who holds or performs the duties of an office established by or under a law of the Commonwealth, other than:
(i) the Aboriginal Councils and Associations Act 1976 ; or
(ii) the Australian Capital Territory (Self - Government) Act 1988 ; or
(iii) the Corporations Law of the Australian Capital Territory ; or
(iv) the Norfolk Island Act 1979 ; or
(v) the Northern Territory (Self - Government) Act 1978 ; or
(vi) Part IX of the Workplace Relations Act 1996 ; or
(o) an officer or employee of a Commonwealth authority; or
(p) an individual who is a contracted service provider for a Commonwealth contract; or
(q) an individual who is an officer or employee of a contracted service provider for a Commonwealth contract and who provides services for the purposes (whether direct or indirect) of the Commonwealth contract; or
(r) an individual who exercises powers, or performs functions, conferred on the person by or under a law of the Commonwealth, other than:
(i) the Aboriginal Councils and Associations Act 1976 ; or
(ii) the Australian Capital Territory (Self - Government) Act 1988 ; or
(iii) the Corporations Law of the Australian Capital Territory ; or
(iv) the Norfolk Island Act 1979 ; or
(v) the Northern Territory (Self - Government) Act 1978 ; or
(vi) Part IX of the Workplace Relations Act 1996 ; or
(vii) a provision specified in the regulations; or
(s) an individual who exercises powers, or performs functions, conferred on the person under a law in force in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands (whether the law is a law of the Commonwealth or a law of the Territory concerned); or
(t) the Registrar, or a Deputy Registrar, of Aboriginal Corporations.
28 The Dictionary in the Criminal Code
Insert:
"contracted service provider" , for a Commonwealth contract, means:
(a) a person who is a party to the Commonwealth contract and who is responsible for the provision of services to a Commonwealth entity under the Commonwealth contract; or
(b) a subcontractor for the Commonwealth contract.
29 The Dictionary in the Criminal Code
Insert:
"defence aircraft" means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.
30 The Dictionary in the Criminal Code
Insert:
"defence ship" means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.
31 The Dictionary in the Criminal Code
Insert:
"electronic communication" means a communication of information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
32 The Dictionary in the Criminal Code
Insert:
"engage in conduct" is defined in subsection 4.1(2).
33 The Dictionary in the Criminal Code
Insert:
"foreign country" includes:
(a) a colony or overseas territory; and
(b) a territory outside Australia , where a foreign country is to any extent responsible for the international relations of the territory; and
(c) a territory outside Australia that is to some extent self - governing, but that is not recognised as an independent sovereign state by Australia .
34 The Dictionary in the Criminal Code
Insert:
"person" includes a Commonwealth authority that is not a body corporate, and another has a corresponding meaning.
Note: This definition supplements paragraph 22(1)(a) of the Acts Interpretation Act 1901 . That paragraph provides that person includes a body politic or corporate as well as an individual.
35 The Dictionary in the Criminal Code
Insert:
"primary offence" means an offence against a law of the Commonwealth, other than an ancillary offence.
36 The Dictionary in the Criminal Code
Insert:
"public official" includes:
(a) a Commonwealth public official; and
(b) an officer or employee of the Commonwealth or of a State or Territory; and
(c) an individual who performs work for the Commonwealth, or for a State or Territory, under a contract; and
(d) an individual who holds or performs the duties of an office established by a law of the Commonwealth or of a State or Territory; and
(e) an individual who is otherwise in the service of the Commonwealth or of a State or Territory (including service as a member of a military force or police force); and
(f) a member of the executive, judiciary or magistracy of the Commonwealth or of a State or Territory; and
(g) a member of the legislature of the Commonwealth or of a State or Territory; and
(h) an officer or employee of:
(i) an authority of the Commonwealth; or
(ii) an authority of a State or Territory.
37 The Dictionary in the Criminal Code
Insert:
"receiving" means an offence against section 132.1.
38 The Dictionary in the Criminal Code
Insert:
"robbery" means an offence against section 132.2.
39 The Dictionary in the Criminal Code
Insert:
"services provided to a Commonwealth entity" includes services that consist of the provision of services to other persons in connection with the performance of the Commonwealth entity's functions.
39A The Dictionary in the Criminal Code
Insert:
"special liability provision" means:
(a) a provision that provides that absolute liability applies to one or more (but not all) of the physical elements of an offence; or
(b) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew a particular thing; or
(c) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew or believed a particular thing.
40 The Dictionary in the Criminal Code
Insert:
"subcontractor" , for a Commonwealth contract, means a person:
(a) who is a party to a contract (the subcontract ):
(i) with a contracted service provider for the Commonwealth contract (within the meaning of paragraph (a) of the definition of contracted service provider ); or
(ii) with a subcontractor for the Commonwealth contract (under a previous application of this definition); and
(b) who is responsible under the subcontract for the provision of services to a Commonwealth entity, or to a contracted service provider for the Commonwealth contract, for the purposes (whether direct or indirect) of the Commonwealth contract.
41 The Dictionary in the Criminal Code
Insert:
"theft" means an offence against section 131.1.