Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_47m
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 47M
Character Range: 67885–69145

47M  Intention of permanently depriving a person of property

 (1) For the purposes of this Subdivision, 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 47J(2)(a).