ACTIn ForceAct
Crimes Act 1900
115Interpretation for div 6.3
Start here
Get a plain-English read of 115
Turn the raw legal text into a practical explanation grounded in Crimes Act 1900.
115 Interpretation for div 6.3
(1) In this division:
property means any real or personal property (other than intangible
property), and includes—
(a) a wild animal that is tamed or ordinarily kept in captivity; and
(b) a wild animal that is not tamed or ordinarily kept in captivity but
that is—
(i) reduced into the possession of a person who has not lost or
abandoned that possession; or
(ii) in the course of being reduced into the possession of a
(2) For this division, property shall be taken to belong to any person
who—
(a) has possession or control of it; or
(b) has any proprietary right or interest in it, other than an equitable
interest arising only from an agreement to transfer or grant an
interest; or
(c) has a charge on it.
(3) If any property is subject to a trust, the trustee and any person having
a right to enforce the trust shall, for this division, be taken to be the
persons to whom the property belongs.
(4) The property of a corporation sole shall, for this division, be taken to
belong to the corporation notwithstanding any vacancy in the
corporation.
(5) For section 116 (Destroying or damaging property) and section 117
(Arson), a person who destroys or damages property shall be taken to
have done so intentionally if he or she acted—
(a) with intent to destroy or damage any property; or
(b) in the knowledge or belief that his or her actions were likely to
result in destruction of or damage to property.
(6) For section 116 (Destroying or damaging property) and section 117
(Arson), a person who destroys or damages property shall be taken to
have intended to endanger the life of another person by that
destruction or damage if he or she acted—
(a) with intent to endanger the life of any other person; or
(b) in the knowledge or belief that his or her actions were likely to
endanger the life of another person.