Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p14
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 14/39)
Character Range: 62899–65453

making it equivalent to an outright taking or disposal.

 (8) For the purposes of subsection (6), 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.

Money transfers

 (9) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by the first person:
 (a) the amount is taken to have been property that belonged to the second person; and
 (b) the first person is taken to have obtained the property for himself or herself with the intention of permanently depriving the second person of the property.

 (10) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by a third person:
 (a) the amount is taken to have been property that belonged to the second person; and
 (b) the first person is taken to have obtained the property for the third person with the intention of permanently depriving the second person of the property.

 (11) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if:
 (a) a credit is made to an account (the credited account); and
 (b) a debit is made to another account (the debited account); and
 (c) either:
 (i) the credit results from the debit; or
 (ii) the debit results from the credit;
the amount of the credit is taken to be transferred from the debited account to the credited account.

 (12) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person is taken to cause an amount to be transferred from an account if the person induces another person to transfer the amount from the account (whether or not the other person is the holder of the account).

General deficiency

 (13) A person may be convicted of an offence against this section involving all or any part of a general deficiency in money even though the