Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p3
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 3/39)
Character Range: 36439–39064

this Division, if property, or a right or interest in property, is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights which the person had believed himself or herself to be acquiring does not, because of any defect in the transferor's title, amount to an appropriation of the property.

131.4  Theft of land or things forming part of land

 (1) For the purposes of this Division, a person cannot commit theft of land, except in the following cases:
 (a) the case where the person appropriates anything forming part of the land by severing it or causing it to be severed;
 (b) the case where:
 (i) the person is a trustee or personal representative, or is authorised (by power of attorney, as liquidator of a company or otherwise) to sell or dispose of land belonging to another; and
 (ii) the person appropriates the land, or anything forming part of it, by dealing with it in breach of the confidence reposed in the person.

 (2) For the purposes of this section, land does not include incorporeal hereditaments.

131.5  Trust property

 (1) For the purposes of this Division, if property is subject to a trust, the persons to whom the property belongs include any person who has a right to enforce the trust.

 (2) Accordingly, for the purposes of this Division, an intention to defeat the trust is an intention to deprive any such person of the property.

131.6  Obligation to deal with property in a particular way

  For the purposes of this Division, if:
 (a) a person receives property from or on account of another; and
 (b) the person is under a legal obligation to the other to retain and deal with that property or its proceeds in a particular way;
the property or proceeds belong (as against the person) to the other.

131.7  Property obtained because of fundamental mistake

 (1) For the purposes of this Division, if:
 (a) a person gets property by another's fundamental mistake; and
 (b) the person is under a legal obligation to make restoration (in whole or in part) of the property or its proceeds;
then, to the extent of that obligation, the property or proceeds belongs (as against the person) to the person entitled to restoration.

 (2) For the purposes of this Division, an intention not to make restoration is:
 (a) an intention to permanently deprive the person so entitled of the property 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