Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 47M

  (1)   For the purposes of this Subdivision, 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   47J(2)(a).