Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p2
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 2/39)
Character Range: 33835–36661

(iii) a constructive trust.

 (2) Subsection (1) has effect subject to subsections 134.1(9) and (10) (which deal with money transfers).

130.3  Dishonesty

  For the purposes of this Chapter, dishonest means:
 (a) dishonest according to the standards of ordinary people; and
 (b) known by the defendant to be dishonest according to the standards of ordinary people.

Note: The following provisions affect the meaning of dishonesty:

(a) section 131.2 (theft);

(b) section 134.1 (obtaining property by deception).

130.4  Determination of dishonesty to be a matter for the trier of fact

  In a prosecution for an offence against this Chapter, the determination of dishonesty is a matter for the trier of fact.

Part 7.2—Theft and other property offences

Division 131—Theft

131.1  Theft

 (1) A person is guilty of an offence if:
 (a) the person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property; and
 (b) the property belongs to a Commonwealth entity.

Penalty: Imprisonment for 10 years.

 (2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of theft.

 (3) Absolute liability applies to the paragraph (1)(b) element of the offence of theft.

 (4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

Note: For alternative verdicts, see sections 132.1 and 134.1.

131.2  Special rules about the meaning of dishonesty

 (1) For the purposes of this Division, a person's appropriation of property belonging to another is taken not to be dishonest if the person appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

 (2) However, the rule in subsection (1) does not apply if the person appropriating the property held it as trustee or personal representative.

 (3) For the purposes of this Division, a person's appropriation of property belonging to another may be dishonest even if the person or another person is willing to pay for the property.

131.3  Appropriation of property

 (1) For the purposes of this Division, any assumption of the rights of an owner to ownership, possession or control of property, without the consent of the person to whom it belongs, amounts to an appropriation of the property. This includes, in a case where a person has come by property (innocently or not) without committing theft, any later such assumption of rights without consent by keeping or dealing with it as owner.

 (2) For the purposes of this Division, if property, or a right or interest in property, is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights which the person had believed himself