Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p12
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 12/39)
Character Range: 57977–60688

term of 5 years or more; or
 (e) the defendant knew that the building was owned or occupied by a Commonwealth entity.

 (5) In this section:

property offence means:
 (a) robbery; or
 (b) aggravated robbery; or
 (c) burglary; or
 (d) aggravated burglary; or
 (e) an offence against subsection 132.8(1); or
 (f) an offence against section 134.1.

Note: It is an element of the offence of theft, and of each property offence, that the property belongs to a Commonwealth entity.

132.8  Dishonest taking or retention of property

Taking

 (1) A person is guilty of an offence if the person:
 (a) on a particular occasion, dishonestly takes one or more items of property belonging to a Commonwealth entity, where:
 (i) the value or total value of the property is $500 or more; or
 (ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control would be likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity; and
 (b) does not have consent to do so from the person who has authority to give consent.

Penalty: Imprisonment for 2 years.

Retention

 (2) A person is guilty of an offence if the person:
 (a) on a particular occasion, takes one or more items of property belonging to a Commonwealth entity; and
 (b) dishonestly retains any or all of those items; and
 (c) does not have consent to the retention from the person who has authority to give consent; and
 (d) either:
 (i) at the time of the taking of the property, the value or total value of the property was $500 or more; or
 (ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control is likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity.

Penalty: Imprisonment for 2 years.

132.9  Geographical jurisdiction

  Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.

Part 7.3—Fraudulent conduct

Division 133—Preliminary

133.1  Definitions

  In this Part:

account means an account (including a loan account, a credit card account or a similar account) with a bank or other financial institution.

deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
 (a) a deception as to the intentions of the person using the deception or any other person; and
 (b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.

Division 134—Obtaining