Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p4
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 4/39)
Character Range: 38825–41455

or proceeds; and
 (b) an appropriation of the property or proceeds without the consent of the person entitled to restoration.

 (3) For the purposes of this section, a fundamental mistake is:
 (a) a mistake about the identity of the person getting the property; or
 (b) a mistake as to the essential nature of the property; or
 (c) a mistake about the amount of any money if the person getting the money is aware of the mistake at the time of getting the money.

 (4) In this section:

money includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.

131.8  Property of a corporation sole

  For the purposes of this Division, property of a corporation sole belongs to the corporation despite a vacancy in the corporation.

131.9  Property belonging to 2 or more persons

  If property belongs to 2 or more persons, a reference in this Division (other than paragraph 131.1(1)(b)) to the person to whom the property belongs is a reference to all of those persons.

131.10  Intention of permanently depriving a person of property

 (1) For the purposes of this Division, if:
 (a) a person appropriates property belonging to another without meaning the other permanently to lose the thing itself; and
 (b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
the person has the intention of permanently depriving the other of it.

 (2) For the purposes of this section, a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

 (3) For the purposes of this section, if:
 (a) a person has possession or control (lawfully or not) of property belonging to another; and
 (b) the person parts with the property under a condition as to its return that the person may not be able to perform; and
 (c) the parting is done for purposes of the person's own and without the other's authority;
the parting is taken to amount to treating the property as the person's own to dispose of regardless of the other's rights.

Note: See also paragraph 131.7(2)(a).

131.11  General deficiency

 (1) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were appropriated over a period of time.

 (2) For the