South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 130

130—Interpretation

In this Part—

"benefit" means—

            (a)         a benefit of a proprietary nature; or

            (b)         a financial advantage; or

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

"deal"—a person deals with property if the person—

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

            (b)         retains the property; or

            (c)         converts or disposes of the property; or

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

"deceive" means to engage in deception;

"deception" means a misrepresentation by words or conduct and includes—

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

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

            (c)         a misrepresentation of law;

"detriment" means—

            (a)         a detriment of a proprietary nature; or

            (b)         a financial disadvantage; or

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

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

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

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

"local conditions" in relation to a particular situation includes—

            (a)         the physical environment; or

            (b)         the cultural environment, including—

                  (i)         language;

                  (ii)         law and customs;

                  (iii)         the currency;

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

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

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

Examples—

1         An alteration to a computer program.

2         An alteration to a computer database.

"owner" of property means—

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

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

                  (ii)         a constructive trust; or

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

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

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

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

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

"property" means real or personal property and includes—

            (a)         money;

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

            (c)         electricity;

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

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

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

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

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

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

"transaction" includes a gift.