Document ID: chunk:federal_register_of_legislation:C2008A00020:clause:1_28b
Version: federal_register_of_legislation:C2008A00020
Segment Type: clause
Provision Reference: sch 1 cl 28B
Character Range: 17091–18495

28B  Misuse of credit cards or credit vouchers—criminal offence

 (1) A person must not use a Commonwealth authority credit card, Commonwealth authority credit card number or Commonwealth authority credit voucher to obtain cash, goods or services otherwise than for the authority.

Penalty: Imprisonment for 7 years.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2) Subsection (1) does not apply to a particular use of a Commonwealth authority credit card, Commonwealth authority credit card number or Commonwealth authority credit voucher if:
 (a) the use is authorised by the regulations; and
 (b) the authority is reimbursed in accordance with the regulations.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

 (3) For the purposes of paragraph (2)(b), an amount that is to be reimbursed to the authority is a debt due to the authority and is recoverable by the authority in a court of competent jurisdiction.

 (4) In this section:

Commonwealth authority credit card means a credit card issued to the Commonwealth authority to enable the authority to obtain cash, goods or services on credit.

Commonwealth authority credit voucher means a credit voucher issued to the Commonwealth authority to enable the authority to obtain goods or services on credit.