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CRIMES ACT 1900 - SECT 192C
Obtaining property belonging to another
192C Obtaining property belonging to another
(1) For the purposes of this Part, a person
"obtains property" if- (a) the person obtains ownership, possession or control
of the property for himself or herself or for another person, or
(b) the
person enables ownership, possession or control of the property to be retained
by himself or herself or by another person, or
(c) the person induces a third
person to do something that results in the person or another person obtaining
or retaining ownership, possession or control of the property.
(2) A person
does not commit an offence under this Part by obtaining or intending to obtain
property belonging to another unless the person intends to permanently deprive
the other of the property.
(3) For the purposes of this Part,
"property belongs" to a person if- (a) the person has possession or control of
the property, or
(b) the person has a proprietary right or interest in the
property (not being an equitable interest arising only from an agreement to
transfer or grant an interest or from a constructive trust).
If property is
subject to a trust, the persons to whom it belongs include any person having a
right to enforce the trust.
(4) A person obtaining property belonging to
another without meaning the other permanently to lose the thing itself has,
nevertheless, the intention of permanently depriving the other of it if the
person’s intention is to treat the thing as his or her own to dispose of
regardless of the other’s rights. A borrowing or lending of the property may
amount to so treating it if, but only if, the borrowing or lending is for a
period and in circumstances making it equivalent to an outright taking or
disposal.
(5) Without limiting the generality of subsection (4), 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 the purposes of his or her own and without the other’s authority,
the parting amounts to treating the property as his or her own to dispose of
regardless of the other’s rights.
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