Part 4 Offences relating to property
Division 1 Stealing and like offences
94AA Property previously stolen
Where on the trial of a person for any offence which includes the stealing of any property it appears that the property was, at the time when it was taken by the accused, already out of the possession of the owner by reason of its having been previously stolen, the accused may be convicted of the offence charged notwithstanding that it is not proved that the taking by him or her amounted to an interference with the right to possession of, or a trespass against, the owner.
94 Robbery or stealing from the person
Whosoever:robs or assaults with intent to rob any person, or
shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.steals any chattel, money, or valuable security from the person of another,
95 Same in circumstances of aggravation
(1) Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.(2) In this section, circumstances of aggravation means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:(a) the alleged offender uses corporal violence on any person,(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,(c) the alleged offender deprives any person of his or her liberty.
96 Same (robbery) with wounding
Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment for 25 years.
97 Robbery etc or stopping a mail, being armed or in company
(1) Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person,robs, or assaults with intent to rob, any person, or
shall be liable to imprisonment for twenty years.stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same,
(2) Aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.(3) Alternative verdict
If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
98 Robbery with arms etc and wounding
Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon, such person, shall be liable to imprisonment for 25 years.
Subdivision 3 Demanding property with intent to steal
99 Demanding property with intent to steal
(1) Whosoever, with menaces, or by force, demands any property from any person, with intent to steal the same, shall be liable to imprisonment for ten years.(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.(3) It is immaterial whether any such menace is of violence or injury by the offender or by any other person.
Subdivision 4 Sacrilege and housebreaking
(1) In sections 106–115A:building includes any place of Divine worship.
circumstances of aggravation means circumstances involving any one or more of the following:
(a) the alleged offender is armed with an offensive weapon, or instrument,(b) the alleged offender is in the company of another person or persons,(c) the alleged offender uses corporal violence on any person,(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,(e) the alleged offender deprives any person of his or her liberty,(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.circumstances of special aggravation means circumstances involving either or both of the following:
(a) the alleged offender wounds or intentionally or recklessly inflicts grievous bodily harm on any person,(b) the alleged offender is armed with a dangerous weapon.(2) The matters referred to in:(a) paragraph (c), (d) or (e) of the definition of circumstances of aggravation, or(b) paragraph (a) of the definition of circumstances of special aggravation,can occur immediately before, or at the time of, or immediately after any of the elements of the offence concerned occurred.(2A) For the purposes of paragraph (f) of the definition of circumstances of aggravation, if there was a person, or there were persons, in the place in relation to which an offence is alleged to have been committed at the time it was committed, the defendant is presumed to have known that fact unless the defendant satisfies the court that he or she had reasonable grounds for believing that there was no one in the place.(3) The definitions in subsection (1) are not mutually exclusive.
109 Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence
(1) Whosoever:enters the dwelling-house of another, with intent to commit a serious indictable offence therein, or,
and in either case breaks out of the said dwelling-house shall be liable to imprisonment for fourteen years.being in such dwelling-house commits any serious indictable offence therein,
(2) Aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.(3) Specially aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
110 Breaking, entering and assaulting with intent to murder etc
Whosoever breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person, shall be liable to imprisonment for 25 years.
(1) Whosoever enters any dwelling-house, with intent to commit a serious indictable offence therein, shall be liable to imprisonment for ten years.(2) Aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.(3) Specially aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
112 Breaking etc into any house etc and committing serious indictable offence
(1) A person who:(a) breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or(b) being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building,is guilty of an offence and liable to imprisonment for 14 years.(2) Aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.(3) Specially aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
113 Breaking etc into any house etc with intent to commit serious indictable offence
(1) A person who breaks and enters any dwelling-house or other building with intent to commit any serious indictable offence therein is guilty of an offence and liable to imprisonment for 10 years.(2) Aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.(3) Specially aggravated offence
A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
114 Being armed with intent to commit indictable offence
(1) Any person who:(a) is armed with any weapon, or instrument, with intent to commit an indictable offence,(b) has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,(c) has his or her face blackened or otherwise disguised, or has in his or her possession the means of blacking or otherwise disguising his or her face, with intent to commit an indictable offence,(d) enters or remains in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building,shall be liable to imprisonment for seven years.(2) For the purposes of subsection (1) (b) conveyance means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, used in or intended for navigation, and drive shall be construed accordingly.
115 Being convicted offender armed with intent to commit indictable offence
Whosoever, having been convicted of any indictable offence, afterwards commits any offence mentioned in section 114, shall be liable to imprisonment for ten years.
(1) Aggravated offence reduced to basic offence
If on the trial of a person for an offence under section 106 (2), 107 (2), 109 (2), 111 (2), 112 (2) or 113 (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (1), 107 (1), 109 (1), 111 (1), 112 (1) or 113 (1) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.(2) Specially aggravated offence reduced to aggravated offence
If on the trial of a person for an offence under section 106 (3), 107 (3), 109 (3), 111 (3), 112 (3) or 113 (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (2), 107 (2), 109 (2), 111 (2), 112 (2) or 113 (2) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.(3) Specially aggravated offence reduced to basic offence
If on the trial of a person for an offence under section 106 (3), 107 (3), 109 (3), 111 (3), 112 (3) or 113 (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (1), 107 (1), 109 (1), 111 (1), 112 (1) or 113 (1) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly. This subsection does not apply to an offence if the jury proceeds under subsection (2) in relation to it.
116 All larcenies to be of same nature
Every larceny, whatever the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects, as grand larceny was before the passing of the Act seventh and eighth George the Fourth, chapter twenty-nine.
Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.
118 Intent to return property no defence
Where, on the trial of a person for larceny, it appears that the accused appropriated the property in question to the accused’s own use, or for the accused’s own benefit, or that of another, but intended eventually to restore the same, or in the case of money to return an equivalent amount, such person shall not by reason only thereof be entitled to acquittal.
119 Verdict where several takings proved
Where, on the trial of a person for larceny, it appears that the property alleged in any count to have been stolen at one time, was taken at different times, the prosecutor shall not be required to elect upon which taking the prosecutor will proceed, unless the Judge so orders:Provided always that evidence shall not in any such case be given of any taking which occurred more than six months in point of time from any other of such takings.
120 Trial for larceny—verdict of embezzlement etc
Where, on the trial of a person for larceny, it appears that the person took the property in such manner as to amount in law to the offence of embezzlement or fraudulent misappropriation, or the fraudulent application, or disposition, of property as a clerk, or servant, or person employed in the Public Service, or of obtaining property by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, the jury may acquit the person of the larceny charged, and find the person guilty of such other offence, and the person shall be liable to punishment accordingly.
121 Verdict of “larceny or receiving”
Where, on the trial of a person charged with larceny, or any offence which includes larceny, and, also, with having unlawfully received the property charged to have been stolen, knowing it to have been stolen, the jury find specially that the person either stole, or unlawfully received, such property, and that they are unable to say which of those offences was committed by the person, such person shall not by reason thereof be entitled to acquittal, but shall be liable to be sentenced for the larceny, or for the unlawful receiving, whichever of the two offences is subject to the lesser punishment.
122 Verdict where persons indicted for joint larceny or receiving
On the trial of any two, or more, persons charged with larceny, and also with having unlawfully received property, the jury may find all, or any, of such persons guilty, either of stealing, or unlawfully receiving, the property, or part or parts thereof, or may find one, or more, of the said persons guilty of stealing, and the other, or others, of them guilty of unlawfully receiving the property, or part or parts thereof.
123 Verdict of minor indictable offence
Where, on the trial of a person for larceny, it appears that the property in question was taken, appropriated, or retained, under circumstances amounting to a minor indictable offence, the jury may acquit the person of the offence charged and find the person guilty of the minor indictable offence, and the person shall be liable to punishment accordingly.
Where, upon the trial of a person for larceny, it appears:(a) that the person had fraudulently appropriated to his or her own use or that of another, the property in respect of which the person is indicted, although the person had not originally taken the property with any fraudulent intent, or(b) that the person had fraudulently retained the property in order to secure a reward for its restoration,the jury may return a verdict accordingly, and thereupon the person shall be liable to imprisonment for two years, or to a fine of 20 penalty units, or both.
Whosoever, being a bailee of any property, fraudulently takes, or converts, the same, or any part thereof, or any property into or for which it has been converted, or exchanged, to his or her own use, or the use of any person other than the owner thereof, although he or she does not break bulk, or otherwise determine the bailment, shall be deemed to be guilty of larceny and liable to be indicted for that offence.The accused shall be taken to be a bailee within the meaning of this section, although he or she may not have contracted to restore, or deliver, the specific property received by him or her, or may only have contracted to restore, or deliver, the property specifically.
126 Stealing cattle or killing with intent to steal
Whosoever:steals any cattle, or
shall be liable to imprisonment for fourteen years.wilfully kills any cattle with intent to steal the carcass, or skin, or other part, of the cattle so killed,
127 Stealing or killing cattle—uncertainty as to sex or age not to entitle to acquittal
Where, on the trial of a person for an offence under section 126 it appears that the person stole, or killed, an animal of the species described in the indictment, but it is uncertain on the evidence what was its sex, or age, such person shall not be entitled to acquittal by reason only of such uncertainty.
128 Trial for stealing cattle—verdict of stealing skins
Where, on the trial of a person for stealing cattle, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of stealing the carcass, or skin, or part, of such cattle, or of killing the said cattle within section 126, they may acquit the person of the offence charged, and find the person guilty of such last-mentioned stealing, or killing, and the person shall be liable to punishment accordingly.
129 Trial for killing cattle—verdict of stealing
Where, on the trial of a person for the offence of killing cattle within the meaning of section 126, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of stealing such cattle, they may acquit the person of the offence charged, and find the person guilty of such stealing, and the person shall be liable to punishment accordingly.
130 Trial for stealing cattle—verdict of misdemeanour
Where, on the trial of a person for stealing cattle, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of an offence within section 131, they may acquit the person of the offence charged, and find the person guilty of an offence under the said last mentioned section, and the person shall be liable to punishment accordingly.
131 Unlawfully using etc another person’s cattle
Whosoever:takes and works, or otherwise uses, or takes for the purpose of working, or using, any cattle the property of another person without the consent of the owner, or person in lawful possession thereof, or
takes any such cattle for the purpose of secreting the same, or obtaining a reward for the restoration or pretended finding thereof, or for any other fraudulent purpose, or
shall be liable to imprisonment for three years.fraudulently brands, or ear-marks, or defaces, or alters, the brands or ear-marks of any cattle the property of another person,
Whosoever, having been summarily convicted under this or any former Act, of any such offence as is hereinafter in this section mentioned, afterwards,steals any dog, or
shall be liable to imprisonment for one year.has unlawfully in his or her possession any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen,
133 Taking money to restore dogs
Whosoever corruptly takes any money or reward, directly or indirectly, under pretence, or upon account, of aiding any person to recover any dog which has been stolen, or which is in the possession of any person other than its owner, shall be liable to imprisonment for one year.
134 Stealing, destroying etc valuable security
Whosoever steals, embezzles, or for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any valuable security, shall be liable, as if he or she had stolen a chattel, to be punished as for larceny.
135 Stealing, destroying etc wills or codicils
Whosoever steals, or, for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any will, codicil, or other testamentary instrument, either during the life of the testator, or after the testator’s death, or whether the same relates to real, or personal estate, or to both, shall be liable to imprisonment for seven years.
136 Proviso to sections 134 and 135
No person shall be convicted under section 134 or section 135 in respect of any act done by the person, if, before being charged with the offence, the person first disclosed such act on oath, under compulsory process, in a proceeding instituted in good faith by a party aggrieved, or under compulsory examination in some matter in bankruptcy, or insolvency, or under compulsory examination in some matter in the liquidation of a corporation.
137 Civil remedies not affected by conviction
(1) Nothing in section 134 or in section 135, nor any proceeding, conviction, or judgment thereupon, shall affect any remedy at law, or in equity, which any party aggrieved would have had if this Act had not been passed.(2) No evidence of the conviction of any person under either of the said sections shall be admissible in any action, or suit, against the person.
138 Stealing, destroying etc records etc of any court or public office
Whosoever steals, or for any fraudulent purpose, takes from its place of deposit, for the time being, or from any person having the lawful custody thereof, or unlawfully and intentionally or recklessly cancels, obliterates, injures, or destroys, the whole or any part, of any record, document, or writing, of, or belonging to, any Court, or relating to any matter or cause, civil or criminal, pending, or terminated, in any Court, or relating to the business of any office or employment under Her Majesty, and being in any public office, shall be liable to imprisonment for seven years.
139 Stealing etc metal, glass, wood etc fixed to house or land
Whosoever steals, or rips, cuts, severs, or breaks with intent to steal, any glass, or woodwork, belonging to any building, or any metal, or any utensil, or fixture, whether made of metal or other material, or of both respectively, fixed in, or to, any building, or anything made of metal, fixed in any land being private property, or used as a fence to any dwelling-house, garden, or area, or being in any square, or street, or in, or on, any place dedicated to public use or ornament, or in any burial-ground, shall be liable to be punished as for larceny.
140 Stealing etc trees etc in pleasure-grounds etc
Whosoever:steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood, growing in any park, pleasure-ground, garden, orchard, or avenue, or in any ground belonging to any dwelling-house, where the value of the article stolen, or the amount of injury done, exceeds two dollars, or
shall be liable to be punished as for larceny.steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood respectively growing elsewhere than in any situation beforementioned, where the value of the article stolen, or the amount of injury done, exceeds ten dollars,
148 Stealing property in a dwelling-house
Whosoever steals in a dwelling-house any property shall be liable to imprisonment for seven years.
Whosoever steals any property in a dwelling-house, and uses thereafter any menace or threat to any person therein, shall be liable to imprisonment for fourteen years.
150 Stealing goods in process of manufacture
Whosoever steals, to the value of one dollar, any goods, article, or material, while anywhere placed, or exposed, during the process or progress of manufacture, shall be liable to imprisonment for a term not exceeding three years.
151 Selling etc materials to be manufactured
Whosoever, being, for the purpose of manufacture, or any special purpose connected with manufacture, employed to make, prepare, or work up, any goods, article, or material, or being for any such purpose entrusted with any such goods, article, or material, or with any tools, or apparatus, sells, pawns, purloins, secretes, embezzles, exchanges, or otherwise fraudulently disposes of the same, or any part thereof, shall be liable to imprisonment for four years.
152 Stealing from ship in port or on wharfs etc
Whosoever:steals any property in any vessel, barge, or boat, while in any haven, or port, or upon any navigable river, or canal, or in any creek, or basin, belonging to, or communicating with, any such haven, port, river, or canal, or
shall be liable to imprisonment for seven years.steals any property from any dock, wharf, or quay,
153 Stealing from ship in distress or wrecked
Whosoever steals, or plunders, any part of any vessel in distress, or wrecked, stranded, or cast on shore, or any property of any kind to the value of two dollars belonging to such vessel, shall be liable to imprisonment for ten years.
154 Tenants etc stealing articles let to hire
Whosoever, being the tenant, or occupier, of any house, building, or lodging, steals any chattel, or fixture let to be used therewith, whether the contract was entered into by the accused, or by any person on his or her behalf, shall be liable to be punished as for larceny.
154A Taking a conveyance without consent of owner
(1) Any person who:(a) without having the consent of the owner or person in lawful possession of a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or(b) knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it,shall be deemed to be guilty of larceny and liable to be indicted for that offence.(2) For the purposes of this section conveyance means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and drive shall be construed accordingly.
154B Stealing aircraft and unlawfully taking or exercising control of aircraft
(1) Whosoever steals any aircraft shall be liable to imprisonment for ten years.(2) Whosoever without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for seven years.(3) Whosoever without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for fourteen years.(4) Whosoever without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for twenty years.
154C Taking motor vehicle or vessel with assault or with occupant on board
(1) A person who:(a) assaults another person with intent to take a motor vehicle or vessel and, without having the consent of the owner or person in lawful possession of it, takes and drives it, or takes it for the purpose of driving it, or(b) without having the consent of the owner or person in lawful possession of a motor vehicle or vessel, takes and drives it, or takes it for the purpose of driving it, when a person is in or on it,is liable to imprisonment for 10 years.(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.(3) In this section:circumstances of aggravation means circumstances involving any one or more of the following:
(a) the alleged offender is in the company of another person or persons,(b) the alleged offender is armed with an offensive weapon or instrument,(c) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.drive includes operate.
motor vehicle means a motor vehicle within the meaning of the Road Transport (General) Act 2005.
vessel means a vessel within the meaning of the Marine Safety Act 1998.
(1) A person who steals a firearm is liable to imprisonment for 14 years.(2) In this section:firearm has the same meaning as in the Firearms Act 1996.
Subdivision 5A Offences relating to theft of motor vehicles and vessels
(1) In this Subdivision:interfere with a thing includes alter, deface, remove, obliterate, conceal or add anything to the thing.
motor vehicle means:
(a) a motor vehicle within the meaning of the Road Transport (General) Act 2005 (whether or not the vehicle contains the motor intended to form part of it), or(b) a motor intended to form part of, or capable of forming part of, any such motor vehicle, or(c) any part of any such motor vehicle containing, or consisting of, an identification plate for a vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth.unique identifier means any numbers, letters, symbols or other identification information:
(a) marked on or attached to a motor vehicle or vessel, or a part of a motor vehicle or vessel, or(b) marked on a thing that is designed to be attached to a motor vehicle or vessel, or a part of the motor vehicle or vessel, or(c) stored in electronic form in a part of a motor vehicle or vessel,for the primary purpose of:(d) enabling a particular motor vehicle, vessel or part to be distinguished from all other motor vehicles, vessels or parts (including by enabling a part to be identified as a part of a particular motor vehicle or vessel), or(e) identifying different motor vehicle or vessel production batches (including by enabling a part to be identified as a part of a motor vehicle or vessel of a particular production batch).vessel means a vessel within the meaning of the Marine Safety Act 1998.
(2) For the purposes of this Subdivision, a part of a motor vehicle or vessel includes a thing (such as a key) manufactured in connection with the motor vehicle or vessel that enables the operation of the motor vehicle or vessel or prevents the unauthorised operation of the motor vehicle or vessel.
154F Stealing motor vehicle or vessel
A person who steals a motor vehicle or vessel is guilty of an offence.Maximum penalty: imprisonment for 10 years.
154G Facilitating organised car or boat rebirthing activities
(1) A person who facilitates a car or boat rebirthing activity that is carried out on an organised basis knowing that:(a) it is a car or boat rebirthing activity, and(b) it is carried out on an organised basis,is guilty of an offence.Maximum penalty: imprisonment for 14 years.
(2) For the purposes of this section, a car or boat rebirthing activity is an activity involving one or more of the following:(a) the stealing of a motor vehicle or vessel or the receiving of a stolen motor vehicle or stolen vessel,(b) the interference with a motor vehicle or vessel, or a part of a motor vehicle or vessel, or a unique identifier, for the purpose of concealing the fact that a motor vehicle or vessel, or any part of a motor vehicle or vessel, is stolen,(c) the affixing of stolen parts to a motor vehicle or vessel,(d) the interference with a unique identifier, being a unique identifier that wholly or partly identifies a motor vehicle or vessel for registration under a law of any jurisdiction, for the purpose of disguising or misrepresenting the identity of a motor vehicle or vessel,(e) the registration, in this or any other jurisdiction, of a stolen motor vehicle or stolen vessel, or of a motor vehicle or vessel that has had stolen parts affixed to it,(f) the supply of, or offering to supply, a stolen motor vehicle or stolen vessel.(3) A person facilitates a car or boat rebirthing activity if the person:(a) takes, or participates in, any step, or causes any step to be taken, that is part of the activity, or(b) provides or arranges finance for any step that is part of the activity, or(c) provides the premises in which any step that is part of the activity is taken, or allows any step that is part of the activity to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.(4) A car or boat rebirthing activity is carried out on an organised basis if:(a) it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and(b) it is carried out for profit or gain.(5) In proceedings for an offence against this section, for the purpose of proving that an activity was carried out on an organised basis, or that the accused knew it was carried out on an organised basis, it is not necessary to prove:(a) that the accused knew any of the participants in the activity or that any of the participants knew each other, or(b) that the activity was planned, organised, structured or otherwise carried out under the direction of any particular person or persons or in any hierarchical manner, or(c) that the same participants were involved on each occasion on which the activity was carried out.
154H Making, using and interfering with unique identifiers
(1) A person who:(a) dishonestly interferes with, or copies, a unique identifier, or(b) possesses a motor vehicle or vessel, or a part of a motor vehicle or vessel, with the intention of dishonestly interfering with, or copying, a unique identifier, or(c) dishonestly makes a unique identifier, or a purported unique identifier, or(d) knowingly induces another person to accept any information attached to a motor vehicle, vessel or a part of a motor vehicle or vessel as a genuine unique identifier for the motor vehicle, vessel or part, when the information is not in fact a genuine unique identifier for that motor vehicle, vessel or part,is guilty of an offence.Maximum penalty: imprisonment for 7 years.
(2) For the purposes of this section, information is attached to a motor vehicle, vessel or a part of a motor vehicle or vessel if it is:(a) marked on or attached to the motor vehicle, vessel or part, or(b) marked on a thing attached to the motor vehicle, vessel or part, or(c) stored in electronic form in a part of the motor vehicle or vessel.(3) In proceedings for an offence against this section, if it is necessary to allege a person knowingly induced another person to accept information attached to a motor vehicle, vessel or a part of a motor vehicle or vessel as a genuine unique identifier for the motor vehicle, vessel or part, it is not necessary to allege that the accused knowingly induced a particular person to accept the information as a genuine unique identifier.(4) In this section, a reference to inducing a person to accept information attached to a motor vehicle, vessel or a part of a motor vehicle or vessel as a genuine unique identifier includes a reference to causing a computer to respond to the information attached to the motor vehicle, vessel or part as if it were a genuine unique identifier.(5) In this section:information includes numbers, letters or symbols.
154I Possession of motor vehicle or vessel where unique identifier has been interfered with
(1) A person who dishonestly has possession of a motor vehicle or vessel, or a part of a motor vehicle or vessel, a unique identifier of which has been interfered with, is guilty of an offence.Maximum penalty: imprisonment for 5 years.
(2) For the purposes of this section, a person dishonestly has possession of a thing if:(a) the person obtained or received the thing dishonestly, or(b) the person intends to register, supply or use the thing dishonestly.
154J Possession of vehicle identification plate not attached to motor vehicle
(1) A person is guilty of an offence if the person, without reasonable excuse, knowingly has possession of a vehicle identification plate not attached to the motor vehicle to which it relates.Maximum penalty: imprisonment for 5 years.
(2) The onus of proof of reasonable excuse in proceedings for an offence against this section lies on the accused.(3) In this section:motor vehicle means a motor vehicle within the meaning of the Road Transport (General) Act 2005 (whether or not the vehicle contains the motor intended to form part of it).
vehicle identification number means a vehicle identification number allocated to a vehicle in accordance with the national standards under the Motor Vehicle Standards Act 1989 of the Commonwealth.
vehicle identification plate means a plate, label or other thing that has a vehicle identification number on it, is designed to be attached to a motor vehicle and which:
(a) enables the motor vehicle to be identified for the purposes of registration under a law of any jurisdiction, or(b) includes information relating to the manufacture of the motor vehicle or compliance with the national standards under the Motor Vehicle Standards Act 1989 of the Commonwealth.
Subdivision 6 Embezzlement or larceny
155 Definition of clerk or servant
Every person employed for any purpose, as, or in the capacity of, a clerk, or servant, or as a collector of moneys, although temporarily only, or employed also by other persons, or employed to pay as well as receive moneys, or although the person had no authority from his or her employer to receive money, or other property, on his or her account, shall be deemed a clerk, or servant.
156 Larceny by clerks or servants
Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.
157 Embezzlement by clerks or servants
Whosoever, being a clerk, or servant, fraudulently embezzles, either the whole or any part of, any property delivered to, or received, or taken into possession by him or her, for, or in the name, or on the account of, his or her master, or employer, shall be deemed to have stolen the same, although such property was not received into the possession of such master, or employer, otherwise than by the actual possession of such clerk, or servant, and shall be liable to imprisonment for ten years.
158 Destruction, falsification of accounts etc by clerk or servant
Whosoever, being a clerk, or servant, or person acting in the capacity of a clerk, or servant,destroys, alters, mutilates, or falsifies, any book, paper, writing, valuable security, or account, belonging to, or in the possession of, or received for his or her employer, or
with intent in any such case to defraud,makes, or concurs in making, any false entry in, or omits, or alters, or concurs in omitting or altering, any material particular from, or in, any such book, or writing, or account,
shall be liable to imprisonment for five years.
159 Larceny by persons in Public Service
Whosoever, being employed in the Public Service, steals any property, or any part thereof, intrusted to him or her, or taken into his or her possession, or being in his or her custody, or under his or her control, by virtue or colour of such employment, shall be liable to imprisonment for ten years.
160 Embezzlement etc by persons in the Public Service
Whosoever, being employed in the Public Service, fraudulently embezzles any property, or any part thereof, so intrusted to him or her, or taken into his or her possession, or being in his or her custody, or under his or her control, or fraudulently secretes, removes, or in any manner fraudulently applies, or disposes of, the same, or any part thereof, shall be deemed to have stolen the same, and shall be liable to imprisonment for ten years.
161 Proof of general deficiency in accounts
On the prosecution of a person for larceny, or embezzlement as a clerk, or servant, or as a person employed in the Public Service, where the charge is in respect of money, it shall not be necessary to prove the larceny, or embezzlement, by the accused of any specific sum of money, if there is proof of a general deficiency on the examination of the books of account, or entries kept, or made by him or her, or otherwise, and the jury are satisfied that he or she stole, or fraudulently embezzled the deficient money, or any part thereof.
162 Larceny etc by joint owners
Whosoever, being a member of any copartnership, or being one of two, or more, joint owners, steals, or embezzles, any property of, or belonging to, such copartnership, or joint owners, may be convicted of, and punished for, the offence as if he or she was not a member of the copartnership, or one of such joint owners.Copartnership shall, for the purposes of this section, include all corporations and societies whatsoever.
163 Trial for embezzlement—verdict of larceny
Where, on the trial of any person for embezzlement, or the fraudulent application, or disposition, of property as a clerk, or servant, or person employed in the Public Service, it appears that the person obtained the property in such manner as to amount in law to larceny, the jury may acquit the person of the offence charged, and find the person guilty of larceny, or of larceny as such clerk, servant, or person, as the case may be, and the person shall be liable to punishment accordingly.
Subdivision 7 Frauds by factors and other agents
164 Terms “agents”, “intrusted” and “misappropriate”
For the purposes of sections 165 to 171 both inclusive:intrusted means intrusted, either solely, or jointly, with any other person.
agent includes bankers, merchants, attorneys, factors, brokers, and every other person acting in the capacity of an agent so intrusted.
misappropriate means appropriate in any manner whether by sale, pledge, or otherwise, to the agent’s own use or benefit, or the use or benefit of some one other than the person, by, or for whom, he or she was so intrusted.
165 Agent misappropriating money etc intrusted to him or her
Whosoever having been intrusted as an agent with any money, or security for the payment of money, with a direction in writing to apply, pay, or deliver, such money or security, or any part thereof, respectively, or the proceeds, or any part of the proceeds, of such security for any purpose, or to any person specified in such direction, misappropriates in any manner such money, security, or proceeds, or any part thereof, respectively, in violation of good faith, and contrary to the terms of such direction, shall be liable to imprisonment for ten years.
166 The like as to goods etc intrusted to him or her
Whosoever having been intrusted as an agent with any chattel, or valuable security, for safe custody, or for any special purpose, without authority to sell, negotiate, transfer, or pledge the same, or with any power of attorney for the sale, or transfer, of any share, or interest, in any public stock, or fund, or in any stock, or fund of any body corporate, or company, misappropriates in any manner such chattel, or security, or the proceeds of the same, or any part thereof, or the share, or interest, in the stock or fund, to which such power of attorney relates, or any part thereof, in violation of good faith, and contrary to the purpose for which such chattel, security, or power of attorney, was intrusted to him or her shall be liable to imprisonment for ten years.
167 Not to affect trustees or mortgagees nor to restrain agents from receiving money on valuable securities etc
Nothing in section 165 or section 166 shall affect any trustee under any instrument, or any mortgagee of property, in respect of any act done by such trustee, or mortgagee, in relation to the property comprised in, or affected by, the trust, or mortgage, or shall restrain an agent from receiving money payable upon any valuable security according to the tenor and effect thereof, or from disposing of property on which he or she has any claim entitling him or her by law so to do, unless such disposal extends to more than is requisite for satisfying such claim.
168 Fraudulent sale of property by agent
Whosoever, being an agent intrusted with property for safe custody, fraudulently sells, negotiates, transfers, pledges, or in any manner misappropriates, the same, or any part thereof, shall be guilty of an indictable offence and liable to imprisonment for 5 years.
169 The same by person under power of attorney
Whosoever, being intrusted with any power of attorney for the sale, or transfer, of property, fraudulently sells, transfers, or otherwise misappropriates the same, or any part thereof, shall be liable to imprisonment for ten years.
170 Agent obtaining advances on property of his or her principal
Whosoever, being an agent intrusted with property for the purpose of sale, or otherwise disposing of the same,otherwise than for the use of his or her principal, and in violation of good faith, transfers, consigns, pledges, or delivers the same, or any part thereof, as security for money, or other valuable thing, borrowed, or received, or to be borrowed, or received, by such agent, or,
otherwise than for the use of his or her principal, and in violation of good faith, obtains any advance of money, or other valuable thing, upon any undertaking by him or her to transfer, consign, pledge, or deliver such property, or any part thereof, or
shall be liable to imprisonment for ten years:assists in the making of any such transfer, consignment, pledge, or delivery, or in the obtaining of any such advance, knowing the same in any such case to be in violation of good faith,
Provided that nothing in this section shall extend to any transfer, consignment, pledge, or delivery, made, or agreed to be made, as security for no greater sum than the amount, if any, then due to such agent, and of any current bill, or bills, drawn by, or on account of, his or her principal and accepted by such agent.
171 What to be deemed intrusting with goods etc
For the purposes of section 170:(1) every agent intrusted with the possession of a document of title to property, whether derived immediately from the owner of the property, or obtained by such agent by reason of his or her having possession of such property, or of some other document of title thereto, shall be deemed to have been intrusted with the property indicated by such document,(2) every transfer, pledge, or delivery, of any such document shall be deemed a transfer, pledge, or delivery, of the property indicated by the same,(3) where any such document, or the property thereby indicated, is held by any person on the behalf, or subject to the control, of any such agent, the same shall be taken to be in the possession of such agent,(4) every agent in possession of property, or of any such document of title, shall be taken to have been intrusted therewith by the owner, unless the contrary is shown.
172 Trustees fraudulently disposing of property
Whosoever, being a trustee of property for the use or benefit, wholly or partially, of some other person or for any public or charitable purpose,converts, or appropriates, the same, or any part thereof, for the use or benefit of himself or herself, or some other person, or for any other than such public or charitable purpose, or,
in violation in any such case of good faith, and with intent to defraud, shall be liable to imprisonment for ten years:otherwise disposes of, or destroys such property, or any part thereof,
Provided that no prosecution shall be instituted under this section without the leave of the Supreme Court or of the Attorney-General.
173 Directors etc fraudulently appropriating etc property
Whosoever, being a director, officer, or member, of any body corporate, or public company,fraudulently takes, or applies, for his or her own use or benefit, or any use or purpose other than the use or purpose of such body corporate, or company, or
shall be liable to imprisonment for 10 years.fraudulently destroys any of the property of such body corporate, or company,
174 Directors etc omitting certain entries
Whosoever, being a director, or officer of any body corporate, or public company, receives, or possesses himself or herself, of any of the property of such body corporate, or company, otherwise than in payment of a just debt, and, with intent to defraud, omits to make, or direct to be made, a true and sufficient entry thereof in the books, or accounts, of such body corporate, or company, shall be liable to imprisonment for 10 years.
175 Director etc wilfully destroying etc books of company etc
Whosoever, being a director, officer, or member, of any body corporate, or public company,destroys, alters, mutilates, or falsifies, any book, entry, paper-writing, or valuable security, belonging to such body corporate, or company, or
with intent in any such case to defraud,makes, or concurs in making, any false entry, or omits, or concurs in omitting, any material particular in any book of account, or other document,
shall be liable to imprisonment for 10 years.
176 Director or officer publishing fraudulent statements
Whosoever, being a director, or officer, of any body corporate, or public company, makes, circulates, or publishes, or concurs in making, circulating, or publishing, any written statement, or account, which he or she knows to be false in any material particular, with intent to deceive, or defraud, any member, shareholder, or creditor, of such body corporate, or company, or with intent to induce any person to become a shareholder, or partner therein, or to intrust, or advance, any property to such body corporate, or company, or to enter into any security for the benefit thereof, shall be liable to imprisonment for 10 years.
176A Directors etc cheating or defrauding
Whosoever, being a director, officer, or member, of any body corporate or public company, cheats or defrauds, or does or omits to do any act with intent to cheat or defraud, the body corporate or company or any person in his or her dealings with the body corporate or company shall be liable to imprisonment for 10 years.
177 Proviso to sections 165 to 176 inclusive
No person shall be convicted of any offence under any of the sections from section 165 to section 176 both inclusive in respect of any act or omission by the person, if, before being charged with the offence, the person first disclosed such act or omission, on oath, under compulsory process, in a proceeding instituted by a party aggrieved, or under compulsory examination in some matter in bankruptcy, or insolvency, or under compulsory examination in some matter in the liquidation of a corporation.
178 No relief from compulsory disclosures
(1) Nothing in sections 165 to 176 both inclusive shall relieve any person from making a full discovery, by answer to interrogatories, or from answering any question in a civil proceeding.(2) No evidence of the conviction of any person, under any of the said sections, shall be admissible in any suit against the person.(3) Nothing in the said sections, nor any proceeding or conviction under them, shall affect any remedy which any party would have had if this Act had not been passed, nor shall affect any agreement entered into, or security given, by a trustee, having for its object the restoration, or repayment, of any trust property misappropriated.
Subdivision 8 Fraudulent misappropriation
178A Fraudulent misappropriation of moneys collected or received
Whosoever having collected or received any money or valuable security upon terms requiring him or her to deliver or account for or pay to any person the whole or any part of:(a) such money or valuable security or the proceeds thereof, or(b) any balance of such money, valuable security, or proceeds thereof after any authorised deductions or payments have been made thereout,fraudulently misappropriates to his or her own use or the use of any other person, or fraudulently omits to account for or pay the whole or any part of such money, valuable security, or proceeds, or the whole or any part of such balance in violation of the terms on which he or she collected or received such money or valuable security, shall be liable to imprisonment for seven years.For the purposes of this section any such money, valuable security, or proceeds thereof, or any balance thereout shall be deemed to be the property of the person who authorised the collection or receipt of the money or valuable security or from whom the money or valuable security was received notwithstanding that the accused may have been authorised to make any deduction thereout on his or her own behalf, or any payment thereout to another person, or to mix such money, valuable security, or proceeds thereof, or such balance with his or her own moneys.
Subdivision 9 Valueless cheques
Whosoever obtains any chattel, money or valuable security by passing any cheque which is not paid on presentation shall, unless he or she proves:(a) that he or she had reasonable grounds for believing that that cheque would be paid in full on presentation, and(b) that he or she had no intent to defraud,be liable to imprisonment for one year, notwithstanding that there may have been some funds to the credit of the account on which the cheque was drawn at the time it was passed.
Subdivision 10 Obtaining money etc by deception
178BA Obtaining money etc by deception
(1) Whosoever by any deception dishonestly obtains for himself or herself or another person any money or valuable thing or any financial advantage of any kind whatsoever shall be liable to imprisonment for 5 years.(2) In subsection (1):deception means deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including:
(a) a deception as to the present intentions of the person using the deception or of any other person, and(b) an act or thing done or omitted to be done with the intention of causing:(i) a computer system, or(ii) a machine that is designed to operate by means of payment or identification,to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.(3) For the purposes of and without limiting Part 1A, the necessary geographical nexus exists between the State and an offence against this section if the offence is committed by a public official (within the meaning of the Independent Commission Against Corruption Act 1988) and involves public money of the State or other property held by the public official for or on behalf of the State.
Subdivision 11 Obtaining money etc by false or misleading statements
178BB Obtaining money etc by false or misleading statements
(1) Whosoever, with intent to obtain for himself or herself or another person any money or valuable thing or any financial advantage of any kind whatsoever, makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) which he or she knows to be false or misleading in a material particular or which is false or misleading in a material particular and is made with reckless disregard as to whether it is true or is false or misleading in a material particular shall be liable to imprisonment for 5 years.(2) For the purposes of and without limiting Part 1A, the necessary geographical nexus exists between the State and an offence against this section if the offence is committed by a public official (within the meaning of the Independent Commission Against Corruption Act 1988) and involves public money of the State or other property held by the public official for or on behalf of the State.
Subdivision 12 Obtaining credit by fraud
178C Obtaining credit by fraud
Whosoever incurring any debt or liability obtains credit by any false pretence or by any wilfully false promise or partly by a false pretence and partly by a wilfully false promise or by any other fraud shall be liable to imprisonment for one year.
Subdivision 13 False pretences
Whosoever, by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, obtains from any person any property, with intent to defraud, shall be liable to imprisonment for five years.
180 Causing payment etc by false pretence etc
Where the accused, by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, causes, or procures, any money to be paid, or any property to be delivered, to himself or herself, or any other person for the use or benefit, or on account of himself or herself, or any other person, with intent to defraud, the accused shall be deemed to have obtained the same within the meaning of section 179.
Where the accused falsely, and with intent to defraud, represents that the accused has a title, or right, to certain property, or to convey, or dispose of, certain property, knowing such representation to be false, and thereby obtains any property, the accused shall be deemed to have obtained the same within the meaning of section 179.
182 Accused may be convicted on a charge of false pretences etc though property obtained partly by a false promise
Where, on the trial of a person for obtaining property by any false pretence or by any wilfully false promise, it appears that the property was obtained partly by a false pretence and partly by a wilfully false promise, such person shall not by reason thereof be entitled to acquittal.
183 Trial for false pretences etc—verdict of larceny
Where, on the trial of a person for obtaining property by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, it appears that the person obtained the property in such manner as to amount in law to larceny or fraudulent misappropriation, the jury may acquit the person of the offence charged, and find the person guilty of larceny, or of larceny as a clerk, or servant, or a person employed in the Public Service, or of fraudulent misappropriation, as the case may be, and the person shall be liable to punishment accordingly.
Whosoever falsely personates, or pretends to be, some other person, with intent fraudulently to obtain any property, shall be liable to imprisonment for seven years.Nothing in this section shall prevent any person so personating, or pretending, from being proceeded against in respect of such act, or pretence, under any other enactment or at Common Law.
184A Personating owner of stock or property
A person who falsely and deceitfully personates:(a) any owner of any share or interest of or in any stock, annuities or other public funds or of or in the capital stock of any body corporate, or(b) any owner of any dividend or money payable in respect of a share or interest referred to in paragraph (a), or(c) any owner of any property, or any estate or interest in or charge or encumbrance on property,and transfers, or endeavours to transfer, any share, estate or interest belonging to the owner or receives, or endeavours to receive, any money due to the owner as if the person were the true owner is liable to imprisonment for 10 years.
185 Inducing persons by fraud to execute instruments
Whosoever, with intent to defraud or injure any person, causes, or induces, any person, by any false pretence, to execute, make, accept, indorse, or destroy, the whole, or any part, of any valuable security, or to write, impress, or affix, any name, or seal, upon any paper, or parchment, in order that the same may be afterwards made or converted into, or used or dealt with as a valuable security, shall be liable to imprisonment for seven years.
Subdivision 14 Fraudulent arrangements
185A Inducing persons to enter into certain arrangements by misleading etc statements etc
(1) Whosoever, by any statement, promise or forecast which he or she knows to be misleading, false or deceptive, or by any dishonest concealment of material facts, or by the reckless making (dishonestly or otherwise) of any statement, promise or forecast which is misleading, false or deceptive, induces or attempts to induce another person to take part or offer to take part in any arrangement with respect to property other than marketable securities, being arrangements the purpose or effect, or pretended purpose or effect, of which is to enable persons taking part in arrangements (whether by becoming owners of the property or any part of the property or otherwise) to participate in or receive profits or income alleged to arise or to be likely to arise from the acquisition, holding, management or disposal of such property, or sums to be paid or alleged to be likely to be paid out of such profits or income, shall be liable to imprisonment for five years.(2) Any person guilty of conspiracy to commit an offence under subsection (1) shall be punishable as if he or she had committed such an offence.(3) Without limiting the generality of subsection (1) a statement, promise or forecast shall, for the purposes of that subsection, be deemed to be misleading or deceptive if it is of such a nature that it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the statement, promise or forecast indicates that that state of affairs does exist.(4) Where a body corporate is convicted of an offence under subsection (1) any director of the body corporate, or any manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity shall, if he or she consented to or connived at the commission of that offence, be guilty of that offence and be liable to be proceeded against and punished accordingly.(5) Without limiting the generality of subsection (4), a person shall, for the purposes of that subsection, be deemed to be a director of a body corporate if he or she occupies in relation thereto the position of a director, by whatever name called, or is a person in accordance with whose directions or instructions the directors of the company or any of them act:Provided that a person shall not, by reason only that the directors of a body corporate act on advice given by the person in a professional capacity, be taken, for the purposes of this subsection, to be a person in accordance with whose directions or instructions those directors act.
(6) In this section marketable securities has the meaning ascribed to that expression in the Corporations Act 2001 of the Commonwealth.
Subdivision 15 Corrupt rewards
186 Taking reward for helping to recover stolen property
Whosoever corruptly takes, or offers, or agrees, to take, any money, or reward, directly or indirectly, under pretence, or upon account, of helping any person to recover any property, taken, or obtained, or converted, or disposed of, in such manner as to be punishable by this Act, shall, unless he or she has used all due diligence to cause the offender to be brought to trial for the same, be liable to imprisonment for five years.
187 Term “stealing” in sections 188 and 189
For the purposes of sections 188 and 189:Stealing includes the taking, extorting, obtaining, embezzling, or otherwise disposing of the property in question.
188 Receiving stolen property where stealing a serious indictable offence
(1) Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to a serious indictable offence, knowing the same to have been stolen, shall be guilty of a serious indictable offence, and may be indicted, either as an accessory after the fact, or for a substantive offence, and in the latter case whether the principal offender has been previously tried or not, or is amenable to justice or not, and in either case is liable:(a) if the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 12 years, or(b) in the case of any other property, to imprisonment for 10 years.(2) In this section:motor vehicle has the same meaning as it has in Subdivision 5A.
vessel means a vessel within the meaning of the Marine Safety Act 1998.
189 Receiving etc where principal guilty of minor indictable offence
Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof is a minor indictable offence, knowing the same to have been stolen, shall be guilty of a minor indictable offence, and whether the person guilty of the principal offence has been previously tried or not, or is amenable to justice or not, shall be liable to imprisonment for three years.
189A Receiving etc goods stolen out of New South Wales
(1) Whosoever, without lawful excuse, receives or disposes of, or attempts to dispose of, or has in his or her possession, any property stolen outside the State of New South Wales, knowing the same to have been stolen, and whether or not he or she took part in the stealing of the property, shall be liable to imprisonment for ten years.(2) For the purposes of this section property shall be deemed to have been stolen if it has been taken, extorted, obtained, embezzled, converted, or disposed of under such circumstances that if the act had been committed in the State of New South Wales the person committing it would have been guilty of an indictable offence according to the law for the time being of the State of New South Wales.(3) No person shall be liable to conviction under this section if the taking, extorting, obtaining, embezzling, converting, or disposing is not a criminal offence in the country in which the act is committed.
189B Prosecution under section 188 or 189 where property stolen in course of transmission
(1) Where in the trial of a person for the offence under section 188 or 189 of receiving, or disposing of, or attempting to dispose of, any property knowing it to have been stolen, it is proved that the property was stolen in the course of transmission between New South Wales and any other jurisdiction or between any other jurisdiction and New South Wales:(a) the person shall be liable to be convicted of the offence without proof that the stealing took place in New South Wales, and(b) for the purpose of determining whether or not the stealing amounts to a serious indictable offence or a minor indictable offence, the stealing shall be deemed to have taken place in New South Wales.(2) For the purposes of subsection (1) other jurisdiction means a State (other than New South Wales) or Territory of the Commonwealth.
190 Receiving etc cattle unlawfully killed, or carcass etc
Whosoever:receives any animal, unlawfully killed, with intent to steal the carcass, or skin, or other part thereof, knowing the same to have been so killed, or
shall be guilty of a serious indictable offence, and may be indicted and punished as if the animal had been stolen, and the accused had unlawfully received the same.receives, or disposes of, or attempts to dispose of, any part of an animal so killed, or of an animal unlawfully stolen, knowing it to have been so killed or so stolen,
191 Uncertainty as to sex or age not to entitle to acquittal
Where, on the trial of a person for an offence under section 190, it appears that the animal was of the species mentioned in the indictment, but it is uncertain on the evidence what was its sex or age, such person shall not be entitled to acquittal by reason only of such uncertainty.
192 Receiving material or tools intrusted for manufacture
Whosoever receives any goods, article, or material or any tools, or apparatus for manufacturing, or working up, the same, knowing the same to have been purloined, embezzled, or secreted, within the meaning of section 151, or that the person offering the same is fraudulently disposing thereof, shall be liable to imprisonment for four years.
193 Verdict where several persons are indicted for jointly receiving
Where, on the trial of two or more persons for jointly receiving property, it appears that one, or more, separately received such property, or any part thereof, the jury may convict such one or more of the said persons as is, or are, proved to have so received the same.
In this Division:deal with includes:
(a) receive, possess, conceal or dispose of, or(b) bring or cause to be brought into New South Wales, including transfer or cause to be transferred by electronic communication, or(c) engage directly or indirectly in a transaction, including receiving or making a gift.instrument of crime means property that is used in the commission of, or to facilitate the commission of, a serious offence.
proceeds of crime means any property that is substantially derived or realised, directly or indirectly, by any person from the commission of a serious offence.
serious offence means:
(a) an offence (including a common law offence) against the laws of New South Wales, being an offence that may be prosecuted on indictment, or(b) the offence of supplying any restricted substance prescribed for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 that arises under section 18A (1) of that Act, or(c) an offence committed outside New South Wales (including outside Australia) that would be an offence referred to in paragraph (a) or (b) if it had been committed in New South Wales.
(1) A person who deals with proceeds of crime:(a) knowing that it is proceeds of crime, and(b) intending to conceal that it is proceeds of crime,is guilty of an offence.Maximum penalty: imprisonment for 20 years.
(2) A person who deals with proceeds of crime knowing that it is proceeds of crime is guilty of an offence.Maximum penalty: imprisonment for 15 years.
(3) A person who deals with proceeds of crime being reckless as to whether it is proceeds of crime is guilty of an offence.Maximum penalty: imprisonment for 10 years.
(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.
193C Dealing with property suspected of being proceeds of crime
(1) A person who deals with property that is property that there are reasonable grounds to suspect is proceeds of crime is guilty of a summary offence.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(2) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country.
193D Dealing with property that subsequently becomes an instrument of crime
(1) If:(a) a person deals with property intending that the property will become an instrument of crime, and(b) the property subsequently becomes an instrument of crime,the person is guilty of an offence.Maximum penalty: imprisonment for 15 years.
(2) If:(a) a person deals with property being reckless as to whether the property will become an instrument of crime, and(b) the property subsequently becomes an instrument of crime,the person is guilty of an offence.Maximum penalty: imprisonment for 10 years.
(3) Proceedings for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.(5) In this section:property means money or other valuables.
(1) If on the trial of a person for an offence under section 193B (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (2) or (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.(2) If on the trial of a person for an offence under section 193B (2), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.(3) If on the trial of a person for an offence under section 193D (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193D (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.
193F Proof of other offences not required
(1) To avoid doubt, it is not necessary, in order to prove for the purposes of an offence under this Division that property is proceeds of crime, to establish that:(a) a particular offence was committed in relation to the property, or(b) a particular person committed an offence in relation to the property.(2) To avoid doubt, it is not necessary, in order to prove for the purposes of an offence under this Division that property will be an instrument of crime, to establish:(a) an intention or risk that a particular offence will be committed in relation to the property, or(b) an intention or risk that a particular person will commit an offence in relation to the property.
This Division applies to or in respect of acts or omissions in relation to proceeds of crime arising from serious offences committed before or after the commencement of this Division.
Division 2 Criminal destruction and damage
(1) In this Division, a reference to property does not include a reference to property that is not of a tangible nature.(2) In this Division, a reference to property includes a reference to wild creatures that have been tamed or are ordinarily kept in captivity and also includes any other wild creatures or their carcasses but only if they:(a) have been reduced into possession that has not been lost or abandoned, or(b) are in the course of being reduced into possession.(3) For the purposes of this Division, an act done by a person under a reasonable belief that the person had a right to do the act does not constitute an element of any offence under this Division.(4) For the purposes of this Division, damaging property includes removing, obliterating, defacing or altering the unique identifier of the property. The unique identifier is any numbers, letters or symbols that are marked on or attached to the property as a permanent record so as to enable the property to be distinguished from similar property.
Subdivision 2 Crimes against property generally
195 Destroying or damaging property
(1) A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:(a) to imprisonment for 5 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:(a) to imprisonment for 6 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.(2) A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:(a) to imprisonment for 7 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.
196 Destroying or damaging property with intent to injure a person
(1) A person who destroys or damages property, intending by the destruction or damage to cause bodily injury to another, is liable:(a) to imprisonment for 7 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 14 years.(2) A person who, during a public disorder, destroys or damages property, intending by the destruction or damage to cause bodily injury to another, is liable:(a) to imprisonment for 9 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 16 years.
197 Dishonestly destroying or damaging property
(1) A person who dishonestly, with a view to making a gain for that person or another, destroys or damages property is liable:(a) to imprisonment for 7 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 14 years.(2) A person who, during a public disorder, dishonestly, with a view to making a gain for that person or another, destroys or damages property is liable:(a) to imprisonment for 9 years, or(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 16 years.
198 Destroying or damaging property with intention of endangering life
A person who destroys or damages property, intending by the destruction or damage to endanger the life of another, is liable to imprisonment for 25 years.
199 Threatening to destroy or damage property
(1) A person who, without lawful excuse, makes a threat to another, with the intention of causing that other to fear that the threat would be carried out:(a) to destroy or damage property belonging to that other or to a third person, or(b) to destroy or damage the first-mentioned person’s own property in a way which that person knows will or is likely to endanger the life of, or to cause bodily injury to, that other or a third person,is liable to imprisonment for 5 years.(2) A person who, during a public disorder and without lawful excuse, makes a threat to another, with the intention of causing that other to fear that the threat would be carried out:(a) to destroy or damage property belonging to that other or to a third person, or(b) to destroy or damage the first-mentioned person’s own property in a way which that person knows will or is likely to endanger the life of, or to cause bodily injury to, that other or a third person,is liable to imprisonment for 7 years.
200 Possession etc of explosive or other article with intent to destroy or damage property
(1) A person who has possession, custody or control of an article with the intention that it should be used to destroy or damage property belonging to:(a) some other person, or(b) the first-mentioned person or the user, or both of them, and some other person,is liable (if the article is an explosive) to imprisonment for 7 years or (if the article is not an explosive) to imprisonment for 3 years.(2) A person who, during a public disorder, has possession, custody or control of an article with the intention that it should be used to destroy or damage property belonging to:(a) some other person, or(b) the first-mentioned person or the user, or both of them, and some other person,is liable (if the article is an explosive) to imprisonment for 9 years or (if the article is not an explosive) to imprisonment for 5 years.
Subdivision 3 Crimes relating to particular kinds of property
A person who intentionally or recklessly:(a) causes water to run into a mine or any subterranean channel connected to it,(b) destroys, damages or obstructs any shaft, passage, pit, airway, waterway or drain of, or associated with, a mine,(c) destroys, damages or renders useless any equipment, building, road or bridge belonging to a mine, or(d) hinders the working of equipment belonging to a mine,is liable to imprisonment for 7 years.
202 Causing damage etc to sea, river, canal and other works
A person who:(a) intentionally or recklessly destroys, damages, removes or interferes with piles or other materials that form part of, or have been fixed or placed in position in order to secure:(i) a sea wall or other structure designed to prevent erosion by the sea,(ii) the bank or bed of, or a dam, weir or lock located on, a river or canal,(iii) a drain, aqueduct, marsh or reservoir, or(iv) a dock, quay, wharf, jetty or other harbour installation,(b) intentionally or recklessly opens a floodgate or sluice that is located at or on a dam, weir, reservoir or watercourse, or(c) with the intention of obstructing or hindering the navigation of vessels or boats on a navigable river or canal:(i) interferes with or obstructs the flow of the river or canal,(ii) damages or interferes with the bank or bed of the river or canal, or(d) destroys, damages or interferes with any structure or equipment constructed or installed in connection with the use of the river or canal for the purposes of navigation,is liable to imprisonment for 7 years.
In this Subdivision:economic loss includes the disruption of government functions or the disruption of the use of public facilities.
public facility means any of the following (whether publicly or privately owned):
(a) a government facility, including premises used by government employees in connection with official duties,(b) a public infrastructure facility, including a facility providing water, sewerage, energy or other services to the public,(c) a public transport facility, including a conveyance used to transport people or goods,(d) a public place, including any premises, land or water open to the public,(e) a public computer system, including a computer system used for the operation of a public facility, for the provision of banking services or for other services to the public.
A person:(a) whose conduct causes damage to a public facility, and(b) who intended to cause that damage, and(c) who intended by that conduct to cause:is guilty of an offence.(i) extensive destruction of property, or(ii) major economic loss,Maximum penalty: Imprisonment for 25 years.
(1) A person who:(a) makes to another person a threat to damage a public facility, and(b) intends that person to fear that the threat will be carried out and will cause:is guilty of an offence.(i) extensive destruction of property, or(ii) major economic loss,Maximum penalty: Imprisonment for 14 years.
(2) In the prosecution of an offence under this section it is not necessary to prove that the person threatened actually feared that the threat would be carried out.(3) For the purposes of this section:(a) a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional, and(b) a threat to a person includes a threat to a group of persons, and(c) fear that a threat will be carried out includes apprehension that it will be carried out.
In this Subdivision:causing a fire includes:
(a) lighting a fire, or(b) maintaining a fire, or(c) failing to contain a fire, except where the fire was lit by another person or the fire is beyond the control of the person who lit the fire.firefighter means a member of a fire brigade under the Rural Fires Act 1997 or the Fire Brigades Act 1989 or of any other official firefighting unit (including a unit from outside the State).
spread of a fire means spread of a fire beyond the capacity of the person who causes the fire to extinguish it.
(1) A person:(a) who intentionally causes a fire, and(b) who is reckless as to the spread of the fire to vegetation on any public land or on land belonging to another,is guilty of an offence.Maximum penalty: Imprisonment for 14 years.
(2) For the purposes of this section, recklessness may also be established by proof of intention.(3) A person is not criminally responsible for an offence against this section if:(a) the person is a firefighter or acting under the direction of a firefighter, and(b) the person caused the fire in the course of bushfire fighting or hazard reduction operations.(4) If on the trial of a person for an offence against this section the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence against section 100 (1) of the Rural Fires Act 1997, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.