New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 192C

192C Obtaining property belonging to another

(1) For the purposes of this Part, a person
"obtains property" if--

(a) the person obtains ownership, possession or control of the property for himself or herself or for another person, or

(b) the person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or

(c) the person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.

(2) A person does not commit an offence under this Part by obtaining or intending to obtain property belonging to another unless the person intends to permanently deprive the other of the property.

(3) For the purposes of this Part,
"property belongs" to a person if--

(a) the person has possession or control of the property, or

(b) the person has a proprietary right or interest in the property (not being an equitable interest arising only from an agreement to transfer or grant an interest or from a constructive trust).

If property is subject to a trust, the persons to whom it belongs include any person having a right to enforce the trust.

(4) A person obtaining property belonging to another without meaning the other permanently to lose the thing itself has, nevertheless, the intention of permanently depriving the other of it if the person's intention is to treat the thing as his or her own to dispose of regardless of the other's rights. A borrowing or lending of the property may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

(5) Without limiting the generality of subsection (4), 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 the purposes of his or her own and without the other's authority,

the parting amounts to treating the property as his or her own to dispose of regardless of the other's rights.