Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p171
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 171/268)
Character Range: 798993–801647

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 property or a financial advantage by deception

134.1  Obtaining property by deception
 (1) A person commits an offence if:
 (a) the person, by a deception, dishonestly obtains property belonging to another with the intention of permanently depriving the other of the property; and
 (b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 10 years.
 (2) Absolute liability applies to the paragraph (1)(b) element of the offence.

Obtaining property
 (3) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person (the first person) is taken to have obtained property if, and only if:
 (a) the first person obtains ownership, possession or control of it for himself or herself or for another person; or
 (b) the first person enables ownership, possession or control of it to be retained by himself or herself; or
 (c) the first person induces a third person to pass ownership, possession or control of it to another person; or
 (d) the first person induces a third person to enable another person to retain ownership, possession or control of it; or
 (e) subsection (9) or (10) applies.
 (4) The definition of obtaining in section 130.1 does not apply for the purposes of this section (or for the purposes of the application of section 132.1 to this section).
 (5) For the purposes of this section, a person's obtaining of property belonging to another may be dishonest even if the person or another person is willing to pay for the property.

Intention of permanently depriving a person of property
 (6) For the purposes of this section, if:
 (a) a person obtains 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.
 (7) For the purposes of subsection (6), 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.
 (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