Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p8
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 8/39)
Character Range: 48469–51092

an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.

 (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.

132.3  Aggravated robbery

 (1) A person is guilty of an offence if the person:
 (a) commits a robbery in company with one or more other persons; or
 (b) commits a robbery and, at the time of the robbery, has an offensive weapon with him or her.

Penalty: Imprisonment for 20 years.

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

Note: Robbery means an offence against section 132.2. Under section 132.2, an element of the offence of robbery is that the defendant commits theft. Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.

 (2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.

 (3) In this section:

offensive weapon includes:
 (a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
 (b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.

132.4  Burglary

 (1) A person is guilty of an offence if:
 (a) the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and
 (b) the property belongs to a Commonwealth entity.

Penalty: Imprisonment for 13 years.

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

 (2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.

 (3) A person is guilty of an offence if:
 (a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
 (aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and
 (b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.

Penalty: Imprisonment for 13 years.

 (3A) In a prosecution for an offence against subsection