Introductory

Offences against public order

Offences against the administration of law and justice, against office and against public authority

Acts injurious to the public in general

Offences against the person and relating to marriage and parental rights and duties

Offences relating to property and contracts

Stealing and like offences

sch.1-sec.390 Things capable of being stolen

Anything that is the property of any person is capable of being stolen if it is— moveable; or capable of being made moveable, even if it is made moveable in order to steal it. sch 1 pt 6 div 1 ch 36 s 390 amd 1986 No. 1 s 26 sub 1997 No. 3 s 64

• (a) moveable; or
• (b) capable of being made moveable, even if it is made moveable in order to steal it.

sch.1-sec.391 Definition of stealing

A person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person anything capable of being stolen, is said to steal that thing. A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say— an intent to permanently deprive the owner of the thing of it; an intent to permanently deprive any person who has any special property in the thing of such property; an intent to use the thing as a pledge or security; an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; an intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion; in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner. A person who has taken possession of anything capable of being stolen in such circumstances that the thing thereupon is not identifiable is deemed to have taken or converted the thing fraudulently notwithstanding that the property in the thing has passed to the person if, at the time the person transports the thing away, the person has not discharged or made arrangements with the owner or previous owner of the thing for discharging the person’s indebtedness in respect of the thing. The presumption provided for by subsection (2A) is rebuttable. The taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment. In the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it. It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of the property. When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes, on reasonable grounds, that the owner can not be discovered. The act of stealing is not complete until the person taking or converting the thing actually moves it or otherwise actually deals with it by some physical act. For stealing that is a failure to pay an employee, or another person on behalf of the employee, an amount payable to the employee or other person in relation to the performance of work by the employee— the amount is a thing that is capable of being stolen; and subsection (6) does not apply; and the amount is converted to the person’s own use when— the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and the amount is not paid. In this section— Act includes an Act of another State or the Commonwealth. industrial instrument means— an industrial instrument under the Industrial Relations Act 2016 , schedule 5 ; or a fair work instrument under the Fair Work Act 2009 (Cwlth) . owner includes the owner, any part owner, or any person having possession or control of, or a special property in, the thing in question. special property , in a thing, includes— a charge or lien on the thing; and a right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person’s benefit; and a right of an employee, in relation to the performance of work by the employee— to be paid the thing; or to have the thing paid to another person on behalf of the employee. sch 1 pt 6 div 1 ch 36 s 391 amd 1943 7 Geo 6 No. 14 s 15; 1989 No. 17 s 37 ; 2020 No. 34 s 4 (sch.1-sec.391-ssec.1) A person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person anything capable of being stolen, is said to steal that thing. (sch.1-sec.391-ssec.2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say— an intent to permanently deprive the owner of the thing of it; an intent to permanently deprive any person who has any special property in the thing of such property; an intent to use the thing as a pledge or security; an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; an intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion; in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner. (sch.1-sec.391-ssec.2A) A person who has taken possession of anything capable of being stolen in such circumstances that the thing thereupon is not identifiable is deemed to have taken or converted the thing fraudulently notwithstanding that the property in the thing has passed to the person if, at the time the person transports the thing away, the person has not discharged or made arrangements with the owner or previous owner of the thing for discharging the person’s indebtedness in respect of the thing. (sch.1-sec.391-ssec.2B) The presumption provided for by subsection (2A) is rebuttable. (sch.1-sec.391-ssec.3) The taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment. (sch.1-sec.391-ssec.4) In the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it. (sch.1-sec.391-ssec.4A) It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of the property. (sch.1-sec.391-ssec.5) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes, on reasonable grounds, that the owner can not be discovered. (sch.1-sec.391-ssec.6) The act of stealing is not complete until the person taking or converting the thing actually moves it or otherwise actually deals with it by some physical act. (sch.1-sec.391-ssec.6A) For stealing that is a failure to pay an employee, or another person on behalf of the employee, an amount payable to the employee or other person in relation to the performance of work by the employee— the amount is a thing that is capable of being stolen; and subsection (6) does not apply; and the amount is converted to the person’s own use when— the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and the amount is not paid. (sch.1-sec.391-ssec.7) In this section— Act includes an Act of another State or the Commonwealth. industrial instrument means— an industrial instrument under the Industrial Relations Act 2016 , schedule 5 ; or a fair work instrument under the Fair Work Act 2009 (Cwlth) . owner includes the owner, any part owner, or any person having possession or control of, or a special property in, the thing in question. special property , in a thing, includes— a charge or lien on the thing; and a right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person’s benefit; and a right of an employee, in relation to the performance of work by the employee— to be paid the thing; or to have the thing paid to another person on behalf of the employee.

• (a) an intent to permanently deprive the owner of the thing of it;
• (b) an intent to permanently deprive any person who has any special property in the thing of such property;
• (c) an intent to use the thing as a pledge or security;
• (d) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;
• (e) an intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion;
• (f) in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner.
• (a) the amount is a thing that is capable of being stolen; and
• (b) subsection (6) does not apply; and
• (c) the amount is converted to the person’s own use when— (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and (ii) the amount is not paid.
• (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and
• (ii) the amount is not paid.
• (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and
• (ii) the amount is not paid.
• (a) an industrial instrument under the Industrial Relations Act 2016 , schedule 5 ; or
• (b) a fair work instrument under the Fair Work Act 2009 (Cwlth) .
• (a) a charge or lien on the thing; and
• (b) a right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person’s benefit; and
• (c) a right of an employee, in relation to the performance of work by the employee— (i) to be paid the thing; or (ii) to have the thing paid to another person on behalf of the employee.
• (i) to be paid the thing; or
• (ii) to have the thing paid to another person on behalf of the employee.
• (i) to be paid the thing; or
• (ii) to have the thing paid to another person on behalf of the employee.

sch.1-sec.392 Special cases

When a wild animal in the enjoyment of its natural liberty has been killed by any person, the taking of the dead body of the animal by that person, or by any person acting under the person’s orders, before it has been reduced into actual possession by the owner of the land on which the animal was killed or on which it died, is not deemed to be stealing. When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to the factor or agent for the purpose of sale or otherwise for any sum of money not greater than the amount due to the factor or agent from his or her principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by the factor or agent for or on account of his or her principal, such dealing with the goods or document of title is not deemed to be stealing. sch 1 pt 6 div 1 ch 36 s 392 amd 2008 No. 55 s 65 (sch.1-sec.392-ssec.1) When a wild animal in the enjoyment of its natural liberty has been killed by any person, the taking of the dead body of the animal by that person, or by any person acting under the person’s orders, before it has been reduced into actual possession by the owner of the land on which the animal was killed or on which it died, is not deemed to be stealing. (sch.1-sec.392-ssec.2) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to the factor or agent for the purpose of sale or otherwise for any sum of money not greater than the amount due to the factor or agent from his or her principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by the factor or agent for or on account of his or her principal, such dealing with the goods or document of title is not deemed to be stealing.

sch.1-sec.393 Funds etc. held under direction

When a person receives, either alone or jointly with another person, any money or valuable security, or a power of attorney for the sale, mortgage, pledge, or other disposition, of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney, was received until the direction has been complied with. However, if the person receiving the money, security or power of attorney, and the person from whom the person receives it ordinarily deal with each other on such terms that in the absence of any special direction all money paid to the former on account of the latter would be properly treated as an item in a debtor and creditor account between them, the former can not be charged with stealing the money or any such proceeds unless the direction is in writing. (sch.1-sec.393-ssec.1) When a person receives, either alone or jointly with another person, any money or valuable security, or a power of attorney for the sale, mortgage, pledge, or other disposition, of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney, was received until the direction has been complied with. (sch.1-sec.393-ssec.2) However, if the person receiving the money, security or power of attorney, and the person from whom the person receives it ordinarily deal with each other on such terms that in the absence of any special direction all money paid to the former on account of the latter would be properly treated as an item in a debtor and creditor account between them, the former can not be charged with stealing the money or any such proceeds unless the direction is in writing.

sch.1-sec.394 Funds etc. received by agents for sale

When a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring the person to sell it or otherwise dispose of it, and requiring the person to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds (if any) shall form an item in a debtor and creditor account between the person and the person to whom the person is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof.

sch.1-sec.395 Money received for another

When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.

sch.1-sec.396 Stealing by persons having an interest in the thing stolen

When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to stealing, it is immaterial that the person has a special property or interest therein, or that the person is the owner of the thing taken or converted subject to some special property or interest of some other person therein; or that the person is lessee of the thing, or that the person is 1 of 2 or more joint owners of the thing; or that the person is a director or officer of a corporation or company or society who are the owners of it.

Section sch.1-sec.397

sch 1 pt 6 div 1 ch 36 s 397 om 2008 No. 55 s 66

sch.1-sec.398 Punishment of stealing

Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 5 years. The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. sch 1 pt 6 div 1 ch 36 s 398 amd 1961 10 Eliz 2 No. 11 s 13; 1964 No. 14 s 9 ; 1973 No. 88 s 5 ; 1986 No. 1 s 27 ; 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 38 ; 1997 No. 3 s 65 ; 2002 No. 23 s 12 ; 2008 No. 55 s 67 ; 2014 No. 13 s 4 ; 2014 No. 39 s 29 ; 2016 No. 62 s 125 ; 2020 No. 34 s 5 ; 2024 No. 6 s 36 sch 1 ; 2026 No. 4 s 10 (sch.1-sec.398-ssec.1) Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 5 years. (sch.1-sec.398-ssec.2) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section. (sch.1-sec.398-ssec.3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

sch.1-sec Punishment in special cases

sch.1-sec.1-oc.2 Stealing wills

If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to 14 years imprisonment.

sch.1-sec.2-oc.2 Stealing stock

If the thing stolen is 1 or more animals and the offender is sentenced to pay a fine, the fine must be at least the following amount for each animal— if the animal’s value is determined under a regulation under section 450F —that value or 10 penalty units, whichever is higher; otherwise—10 penalty units. Subclause (1) applies whether the person is sentenced to pay the fine in addition to, or instead of, imprisonment. Subclause (1) applies whether the person is liable to imprisonment for 5 years or a longer period under this section. In this clause— animal means an animal that is stock. (sch.1-sec.2-oc.2-ssec.1) If the thing stolen is 1 or more animals and the offender is sentenced to pay a fine, the fine must be at least the following amount for each animal— if the animal’s value is determined under a regulation under section 450F —that value or 10 penalty units, whichever is higher; otherwise—10 penalty units. (sch.1-sec.2-oc.2-ssec.2) Subclause (1) applies whether the person is sentenced to pay the fine in addition to, or instead of, imprisonment. (sch.1-sec.2-oc.2-ssec.3) Subclause (1) applies whether the person is liable to imprisonment for 5 years or a longer period under this section. (sch.1-sec.2-oc.2-ssec.4) In this clause— animal means an animal that is stock.

• (a) if the animal’s value is determined under a regulation under section 450F —that value or 10 penalty units, whichever is higher;
• (b) otherwise—10 penalty units.

sch.1-sec.4-oc.2 Stealing from the person—stealing goods in transit etc.

If the offence is committed under any of the circumstances following, that is to say— if the thing is stolen from the person of another; if the thing is stolen in a dwelling, and its value exceeds $1,000, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling; if the thing is stolen from any kind of vehicle or place of deposit used for the conveyance or custody of goods in transit from 1 place to another; if the thing is stolen from a vehicle which is in distress or wrecked or stranded; if the thing is stolen from a public office in which it is deposited or kept; if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument; the offender is liable to imprisonment for 10 years.

• (a) if the thing is stolen from the person of another;
• (b) if the thing is stolen in a dwelling, and its value exceeds $1,000, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling;
• (c) if the thing is stolen from any kind of vehicle or place of deposit used for the conveyance or custody of goods in transit from 1 place to another;
• (d) if the thing is stolen from a vehicle which is in distress or wrecked or stranded;
• (e) if the thing is stolen from a public office in which it is deposited or kept;
• (f) if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument;

sch.1-sec.5-oc.2 Stealing by persons in the public service

If the offender is a person employed in the public service, and the thing stolen is the property of the Sovereign, or came into the possession of the offender by virtue of the offender’s employment, the offender is liable to imprisonment for 10 years.

sch.1-sec.6-oc.2 Stealing by clerks and servants

If the offender is a clerk or servant, and the thing stolen is the property of the offender’s employer, or came into the possession of the offender on account of the offender’s employer, the offender is liable to imprisonment for 10 years.

sch.1-sec.7-oc.2 Stealing by directors or officers of companies

If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, the offender is liable to imprisonment for 10 years.

sch.1-sec.8-oc.2 Stealing by agents etc.

If the thing stolen is any of the things following, that is to say— property which has been received by the offender with a power of attorney for the disposition thereof; money received by the offender with a direction that the same should be applied to any purpose or paid to any person specified in the direction; the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction; the whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney or other authority for the disposition of the property received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction; the offender is liable to imprisonment for 10 years.

• (a) property which has been received by the offender with a power of attorney for the disposition thereof;
• (b) money received by the offender with a direction that the same should be applied to any purpose or paid to any person specified in the direction;
• (c) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;
• (d) the whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney or other authority for the disposition of the property received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;

sch.1-sec.9-oc.2 Stealing property valued at more than $5,000

If the thing stolen is property, including an animal that is stock, and its value is more than $5,000, the offender is liable to imprisonment for 10 years.

sch.1-sec.10-oc.2 Stealing by tenants or lodgers

If the thing stolen is a fixture or chattel let to the offender to be used by him or her with a house or lodging, and its value exceeds $1,000, the offender is liable to imprisonment for 10 years.

sch.1-sec.11-oc.2 Stealing after previous conviction

If the offender, before committing the offence, had been convicted upon indictment of any of the indictable offences defined in this division, or had been twice previously summarily convicted of an offence punishable on summary conviction under this division, whether each of the convictions was in respect of an offence of the same character or not, the offender is liable to imprisonment for 10 years.

sch.1-sec.12-oc.2 Stealing of a vehicle

If the thing stolen is a vehicle the offender is liable to imprisonment for 14 years.

sch.1-sec.13-oc.2 Stealing by looting

If— the offence is committed during a natural disaster, civil unrest or an industrial dispute; or the thing stolen is left unattended by the death or incapacity of the person in possession of the property; or the offence is committed in an area that— is a declared area for a disaster situation under the Disaster Management Act 2003 ; or was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ; the offender is liable to imprisonment for 10 years.

• (a) the offence is committed during a natural disaster, civil unrest or an industrial dispute; or
• (b) the thing stolen is left unattended by the death or incapacity of the person in possession of the property; or
• (c) the offence is committed in an area that— (i) is a declared area for a disaster situation under the Disaster Management Act 2003 ; or (ii) was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;
• (i) is a declared area for a disaster situation under the Disaster Management Act 2003 ; or
• (ii) was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;
• (i) is a declared area for a disaster situation under the Disaster Management Act 2003 ; or
• (ii) was, immediately before the offence was committed, a declared area for a disaster situation under the Disaster Management Act 2003 ;

sch.1-sec.15-oc.2 Stealing firearm or ammunition

If the thing stolen is a firearm or ammunition, the offender is liable to imprisonment for 14 years.

sch.1-sec.16-oc.2 Stealing by employers

If the offender is or was an employer and the thing stolen is the property of a person who is or was the offender’s employee, the offender is liable to imprisonment for 10 years.

sch.1-sec.399 Fraudulent concealment of particular documents

A person who, with intent to defraud, conceals the whole or part of— a register or record kept by lawful authority; or a document recording title to property; or a testamentary instrument (whether the testator is living or dead); commits a crime. Maximum penalty— if the offence is committed in relation to a document recording title to property—3 years imprisonment; or otherwise—14 years imprisonment. sch 1 pt 6 div 1 ch 37 s 399 amd 1988 No. 88 s 5 sch 2 sub 2008 No. 55 s 68

• (a) a register or record kept by lawful authority; or
• (b) a document recording title to property; or
• (c) a testamentary instrument (whether the testator is living or dead);
• (a) if the offence is committed in relation to a document recording title to property—3 years imprisonment; or
• (b) otherwise—14 years imprisonment.

Section sch.1-sec.400

sch 1 pt 6 div 1 ch 37 s 400 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 68

Section sch.1-sec.401

sch 1 pt 6 div 1 ch 37 s 401 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 68

sch.1-sec.403 Severing with intent to steal

Any person who makes anything moveable with intent to steal it is guilty of a crime, and is liable to the same punishment as if the person had stolen the thing after it became moveable.

Section sch.1-sec.405

sch 1 pt 6 div 1 ch 37 s 405 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 69

sch.1-sec.406 Bringing stolen goods into Queensland

Any person who, having at any place not in Queensland obtained any property by any act which if it had been done in Queensland would have constituted the crime of stealing, and which is an offence under the laws in force in the place where it was done, brings such property into Queensland, or has it in the person’s possession in Queensland, is guilty of a crime, and is liable to the same punishment as if the person had stolen it in Queensland; but so that the punishment does not exceed that which would be incurred for the same act under the laws in force in the place where the act by which the person obtained the property was done.

Section sch.1-sec.407

sch 1 pt 6 div 1 ch 37 s 407 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 70

Section sch.1-sec.408

sch 1 pt 6 div 1 ch 37 s 408 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 70

sch.1-sec.408A Unlawful use or possession of motor vehicles, aircraft or vessels

A person who— unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently; is guilty of a crime and is liable to imprisonment for 10 years. If the offender uses or intends to use the motor vehicle, aircraft or vessel for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 12 years. If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to imprisonment for 12 years. If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years. If— the motor vehicle, aircraft or vessel is an emergency vehicle; and the offender knows, or ought reasonably to know, it is an emergency vehicle; the offender is liable to imprisonment for 14 years. Subsections (1) to (5) do not apply if the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person. The accused person bears the evidential burden in relation to the matters stated in subsection (6) . This section applies without prejudice to any provision of any other Act relating to the unlawful use or possession of motor vehicles, aircraft or vessels save that an offender shall not be liable to be convicted under both this section and such other provision in respect of any one and the same unlawful use or possession of any motor vehicle, aircraft or vessel. In this section— advertise means attract the notice and attention of the public or a limited section of the public. material includes an electronic document. vessel means every kind of vessel designed for use on or in water, not propelled exclusively by oars. sch 1 pt 6 div 1 ch 37 s 408A ins 1957 6 Eliz 2 No. 1 s 2 amd 1961 10 Eliz 2 No. 11 s 14; 1964 No. 14 s 10 sub 1975 No. 27 s 11 amd 1988 No. 88 s 5 sch 2 ; 2005 No. 70 s 166 sch ; 2007 No. 37 s 42 sch ; 2023 No. 3 s 8 ; 2024 No. 45 s 17 (sch.1-sec.408A-ssec.1) A person who— unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently; is guilty of a crime and is liable to imprisonment for 10 years. (sch.1-sec.408A-ssec.2) If the offender uses or intends to use the motor vehicle, aircraft or vessel for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 12 years. (sch.1-sec.408A-ssec.3) If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to imprisonment for 12 years. (sch.1-sec.408A-ssec.4) If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years. (sch.1-sec.408A-ssec.5) If— the motor vehicle, aircraft or vessel is an emergency vehicle; and the offender knows, or ought reasonably to know, it is an emergency vehicle; the offender is liable to imprisonment for 14 years. (sch.1-sec.408A-ssec.6) Subsections (1) to (5) do not apply if the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person. (sch.1-sec.408A-ssec.7) The accused person bears the evidential burden in relation to the matters stated in subsection (6) . (sch.1-sec.408A-ssec.8) This section applies without prejudice to any provision of any other Act relating to the unlawful use or possession of motor vehicles, aircraft or vessels save that an offender shall not be liable to be convicted under both this section and such other provision in respect of any one and the same unlawful use or possession of any motor vehicle, aircraft or vessel. (sch.1-sec.408A-ssec.9) In this section— advertise means attract the notice and attention of the public or a limited section of the public. material includes an electronic document. vessel means every kind of vessel designed for use on or in water, not propelled exclusively by oars.

• (a) unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or
• (b) has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently;
• (a) advertise the offender’s involvement in the offence; or
• (b) advertise the act or omission constituting the offence;
• (a) the offence is committed in the night; or
• (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property;
• (i) uses or threatens to use actual violence; or
• (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
• (iii) is in company with 1 or more persons; or
• (iv) damages, or threatens or attempts to damage, any property;
• (i) uses or threatens to use actual violence; or
• (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
• (iii) is in company with 1 or more persons; or
• (iv) damages, or threatens or attempts to damage, any property;
• (a) the motor vehicle, aircraft or vessel is an emergency vehicle; and
• (b) the offender knows, or ought reasonably to know, it is an emergency vehicle;

Section sch.1-sec.408B

sch 1 pt 6 div 1 ch 37 s 408B ins 1976 No. 25 s 5 amd 1988 No. 88 s 5 sch 2 ; 1992 No. 44 s 235 sch 3 om 1997 No. 3 s 120 sch 1

sch.1-sec.408C Fraud

A person who dishonestly— applies to his or her own use or to the use of any person— property belonging to another; or property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or obtains property from any person; or induces any person to deliver property to any person; or gains a benefit or advantage, pecuniary or otherwise, for any person; or causes a detriment, pecuniary or otherwise, to any person; or induces any person to do any act which the person is lawfully entitled to abstain from doing; or induces any person to abstain from doing any act which that person is lawfully entitled to do; or makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment; commits the crime of fraud. Maximum penalty—5 years imprisonment. The offender is liable to imprisonment for 14 years if, for an offence against subsection (1) — the offender is a director or officer of a corporation, and the victim is the corporation; or the offender is an employee of the victim; or any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or the offender is or was an employer of the victim. The offender is liable to imprisonment for 20 years, if, for an offence against subsection (1) — the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or the offender carries on the business of committing the offence. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. For the purposes of this section— property , without limiting the definition of property in section 1 , includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations; and a person’s act or omission in relation to property may be dishonest even though— he or she is willing to pay for the property; or he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or an owner or other person consents to doing any act or to making any omission; or a mistake is made by another person; and a person’s act or omission in relation to property is not taken to be dishonest, if when the person does the act or makes the omission, he or she does not know to whom the property belongs and believes on reasonable grounds that the owner can not be discovered by taking reasonable steps, unless the property came into his or her possession or control as trustee or personal representative; and persons to whom property belongs include the owner, any joint or part owner or owner in common, any person having a legal or equitable interest in or claim to the property and any person who, immediately before the offender’s application of the property, had control of it; and obtain includes to get, gain, receive or acquire in any way; and if a person obtains property from any person or induces any person to deliver property to any person it is immaterial in either case whether the owner passes or intends to pass ownership in the property or whether he or she intends to pass ownership in the property to any person. sch 1 pt 6 div 1 ch 37 s 408C ins 1979 No. 2 s 5 amd 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 39 ; 1997 No. 3 s 66 ; 2008 No. 55 s 71 ; 2016 No. 62 s 126 ; 2020 No. 34 s 6 (sch.1-sec.408C-ssec.1) A person who dishonestly— applies to his or her own use or to the use of any person— property belonging to another; or property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or obtains property from any person; or induces any person to deliver property to any person; or gains a benefit or advantage, pecuniary or otherwise, for any person; or causes a detriment, pecuniary or otherwise, to any person; or induces any person to do any act which the person is lawfully entitled to abstain from doing; or induces any person to abstain from doing any act which that person is lawfully entitled to do; or makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment; commits the crime of fraud. Maximum penalty—5 years imprisonment. (sch.1-sec.408C-ssec.2) The offender is liable to imprisonment for 14 years if, for an offence against subsection (1) — the offender is a director or officer of a corporation, and the victim is the corporation; or the offender is an employee of the victim; or any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or the offender is or was an employer of the victim. (sch.1-sec.408C-ssec.2A) The offender is liable to imprisonment for 20 years, if, for an offence against subsection (1) — the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or the offender carries on the business of committing the offence. (sch.1-sec.408C-ssec.2B) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sch.1-sec.408C-ssec.2C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. (sch.1-sec.408C-ssec.3) For the purposes of this section— property , without limiting the definition of property in section 1 , includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations; and a person’s act or omission in relation to property may be dishonest even though— he or she is willing to pay for the property; or he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or an owner or other person consents to doing any act or to making any omission; or a mistake is made by another person; and a person’s act or omission in relation to property is not taken to be dishonest, if when the person does the act or makes the omission, he or she does not know to whom the property belongs and believes on reasonable grounds that the owner can not be discovered by taking reasonable steps, unless the property came into his or her possession or control as trustee or personal representative; and persons to whom property belongs include the owner, any joint or part owner or owner in common, any person having a legal or equitable interest in or claim to the property and any person who, immediately before the offender’s application of the property, had control of it; and obtain includes to get, gain, receive or acquire in any way; and if a person obtains property from any person or induces any person to deliver property to any person it is immaterial in either case whether the owner passes or intends to pass ownership in the property or whether he or she intends to pass ownership in the property to any person.

• (a) applies to his or her own use or to the use of any person— (i) property belonging to another; or (ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or
• (i) property belonging to another; or
• (ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or
• (b) obtains property from any person; or
• (c) induces any person to deliver property to any person; or
• (d) gains a benefit or advantage, pecuniary or otherwise, for any person; or
• (e) causes a detriment, pecuniary or otherwise, to any person; or
• (f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or
• (g) induces any person to abstain from doing any act which that person is lawfully entitled to do; or
• (h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;
• (i) property belonging to another; or
• (ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or
• (a) the offender is a director or officer of a corporation, and the victim is the corporation; or
• (b) the offender is an employee of the victim; or
• (c) any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or
• (d) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or
• (e) the offender is or was an employer of the victim.
• (a) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or
• (b) the offender carries on the business of committing the offence.
• (a) property , without limiting the definition of property in section 1 , includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations; and
• (b) a person’s act or omission in relation to property may be dishonest even though— (i) he or she is willing to pay for the property; or (ii) he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or (iii) an owner or other person consents to doing any act or to making any omission; or (iv) a mistake is made by another person; and
• (i) he or she is willing to pay for the property; or
• (ii) he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or
• (iii) an owner or other person consents to doing any act or to making any omission; or
• (iv) a mistake is made by another person; and
• (c) a person’s act or omission in relation to property is not taken to be dishonest, if when the person does the act or makes the omission, he or she does not know to whom the property belongs and believes on reasonable grounds that the owner can not be discovered by taking reasonable steps, unless the property came into his or her possession or control as trustee or personal representative; and
• (d) persons to whom property belongs include the owner, any joint or part owner or owner in common, any person having a legal or equitable interest in or claim to the property and any person who, immediately before the offender’s application of the property, had control of it; and
• (e) obtain includes to get, gain, receive or acquire in any way; and
• (f) if a person obtains property from any person or induces any person to deliver property to any person it is immaterial in either case whether the owner passes or intends to pass ownership in the property or whether he or she intends to pass ownership in the property to any person.
• (i) he or she is willing to pay for the property; or
• (ii) he or she intends to afterwards restore the property or to make restitution for the property or to afterwards fulfil his or her obligations or to make good any detriment; or
• (iii) an owner or other person consents to doing any act or to making any omission; or
• (iv) a mistake is made by another person; and

sch.1-sec.408D Obtaining or dealing with identification information

A person who obtains or deals with another entity’s identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour. Maximum penalty—5 years imprisonment. A person who possesses equipment for the purpose of committing, or facilitating the commission of, an offence against subsection (1) , commits a misdemeanour. Maximum penalty—5 years imprisonment. The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. For subsection (1) , it is immaterial whether the other entity is alive or dead, or exists or does not exist, or consents or does not consent to the obtaining or dealing. When a court is sentencing a person for an offence against subsection (1) , the court may order that the court’s certificate be issued to the other entity stating the offence, the entity’s name and anything else the court considers relevant for the entity’s benefit. The order may be made on the court’s own initiative or on application by the entity or the prosecutor. If the person is sentenced on a plea of guilty, the certificate may be given to the entity immediately. If subsection (5) does not apply, the certificate must not be given to the entity until the later of the following— the end of any period allowed for appeal against conviction; if an appeal is started—the end of any proceedings on the appeal. In this section— dealing , with identification information, includes supplying or using the information. digital signature means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication. identification information , of another entity, means information about, or identifying particulars of, the entity that is capable of being used, whether alone or in conjunction with other information, to identify or purportedly identify the entity. information about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information the individual’s driver licence or driver licence number the individual’s passport or passport number anything commonly used by an individual to identify himself or herself, including a digital signature the individual’s financial account numbers, user names and passwords a series of numbers or letters (or a combination of both) intended for use as a means of personal identification any data stored or encrypted on the individual’s credit or debit card biometric data relating to the individual the individual’s voice print a false driver licence or other false form of identification for a fictitious individual the body corporate’s name the body corporate’s ABN the body corporate’s financial account numbers any data stored or encrypted on a credit or debit card issued to the body corporate obtaining , identification information, includes possessing or making the information. sch 1 pt 6 div 1 ch 37 s 408D ins 2007 No. 14 s 6 amd 2010 No. 1 s 4 ; 2013 No. 45 s 47 ; 2016 No. 62 s 127 (sch.1-sec.408D-ssec.1) A person who obtains or deals with another entity’s identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour. Maximum penalty—5 years imprisonment. (sch.1-sec.408D-ssec.1A) A person who possesses equipment for the purpose of committing, or facilitating the commission of, an offence against subsection (1) , commits a misdemeanour. Maximum penalty—5 years imprisonment. (sch.1-sec.408D-ssec.1B) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section. (sch.1-sec.408D-ssec.1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. (sch.1-sec.408D-ssec.2) For subsection (1) , it is immaterial whether the other entity is alive or dead, or exists or does not exist, or consents or does not consent to the obtaining or dealing. (sch.1-sec.408D-ssec.3) When a court is sentencing a person for an offence against subsection (1) , the court may order that the court’s certificate be issued to the other entity stating the offence, the entity’s name and anything else the court considers relevant for the entity’s benefit. (sch.1-sec.408D-ssec.4) The order may be made on the court’s own initiative or on application by the entity or the prosecutor. (sch.1-sec.408D-ssec.5) If the person is sentenced on a plea of guilty, the certificate may be given to the entity immediately. (sch.1-sec.408D-ssec.6) If subsection (5) does not apply, the certificate must not be given to the entity until the later of the following— the end of any period allowed for appeal against conviction; if an appeal is started—the end of any proceedings on the appeal. (sch.1-sec.408D-ssec.7) In this section— dealing , with identification information, includes supplying or using the information. digital signature means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication. identification information , of another entity, means information about, or identifying particulars of, the entity that is capable of being used, whether alone or in conjunction with other information, to identify or purportedly identify the entity. information about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information the individual’s driver licence or driver licence number the individual’s passport or passport number anything commonly used by an individual to identify himself or herself, including a digital signature the individual’s financial account numbers, user names and passwords a series of numbers or letters (or a combination of both) intended for use as a means of personal identification any data stored or encrypted on the individual’s credit or debit card biometric data relating to the individual the individual’s voice print a false driver licence or other false form of identification for a fictitious individual the body corporate’s name the body corporate’s ABN the body corporate’s financial account numbers any data stored or encrypted on a credit or debit card issued to the body corporate obtaining , identification information, includes possessing or making the information.

• (a) the end of any period allowed for appeal against conviction;
• (b) if an appeal is started—the end of any proceedings on the appeal.
• • information about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information
• • the individual’s driver licence or driver licence number
• • the individual’s passport or passport number
• • anything commonly used by an individual to identify himself or herself, including a digital signature
• • the individual’s financial account numbers, user names and passwords
• • a series of numbers or letters (or a combination of both) intended for use as a means of personal identification
• • any data stored or encrypted on the individual’s credit or debit card
• • biometric data relating to the individual
• • the individual’s voice print
• • a false driver licence or other false form of identification for a fictitious individual
• • the body corporate’s name
• • the body corporate’s ABN
• • the body corporate’s financial account numbers
• • any data stored or encrypted on a credit or debit card issued to the body corporate

sch.1-sec.408E Misuse of restricted computer

A person who uses a restricted computer without the consent of the computer’s controller commits a misdemeanour. Maximum penalty—3 years imprisonment. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime and is liable to imprisonment for 5 years. If the person causes a detriment or damage or obtains a benefit for any person to the value of more than $5,000, or intends to commit an indictable offence, the person commits a crime and is liable to imprisonment for 10 years. It is a defence to a charge under this section to prove that the use of the restricted computer was authorised, justified or excused by law. In this section— benefit includes a benefit, pecuniary or otherwise, obtained by or delivered to any person. computer means all or part of a computer, computer system or computer network and includes, for example, all external devices connected to the computer in any way or capable of communicating with each other as part of a system or network. controller means a person who has a right to control the computer’s use. damage includes— damage to any computer hardware or software; and for information—any alteration, addition, removal or loss of, or other damage to, information. detriment includes any detriment, pecuniary or otherwise, to any person. information includes data, file, document, or computer language or coding. restricted computer means a computer for which— a device, code or a particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and the controller— withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller. use , of a restricted computer, includes accessing or altering any information stored in, or communicate information directly or indirectly to or from, the restricted computer, or cause a virus to become installed on or to otherwise affect, the computer. sch 1 pt 6 div 1 ch 37 s 408E (prev s 408D) ins 1997 No. 3 s 67 renum 2007 No. 14 s 5 amd 2023 No. 32 s 4 (sch.1-sec.408E-ssec.1) A person who uses a restricted computer without the consent of the computer’s controller commits a misdemeanour. Maximum penalty—3 years imprisonment. (sch.1-sec.408E-ssec.2) If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime and is liable to imprisonment for 5 years. (sch.1-sec.408E-ssec.3) If the person causes a detriment or damage or obtains a benefit for any person to the value of more than $5,000, or intends to commit an indictable offence, the person commits a crime and is liable to imprisonment for 10 years. (sch.1-sec.408E-ssec.4) It is a defence to a charge under this section to prove that the use of the restricted computer was authorised, justified or excused by law. (sch.1-sec.408E-ssec.5) In this section— benefit includes a benefit, pecuniary or otherwise, obtained by or delivered to any person. computer means all or part of a computer, computer system or computer network and includes, for example, all external devices connected to the computer in any way or capable of communicating with each other as part of a system or network. controller means a person who has a right to control the computer’s use. damage includes— damage to any computer hardware or software; and for information—any alteration, addition, removal or loss of, or other damage to, information. detriment includes any detriment, pecuniary or otherwise, to any person. information includes data, file, document, or computer language or coding. restricted computer means a computer for which— a device, code or a particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and the controller— withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller. use , of a restricted computer, includes accessing or altering any information stored in, or communicate information directly or indirectly to or from, the restricted computer, or cause a virus to become installed on or to otherwise affect, the computer.

• (a) damage to any computer hardware or software; and
• (b) for information—any alteration, addition, removal or loss of, or other damage to, information.
• (a) a device, code or a particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and
• (b) the controller— (i) withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or (ii) restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.
• (i) withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or
• (ii) restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.
• (i) withholds or takes steps to withhold access to the device, or knowledge of the code or of the sequence or of the way of producing the code or the sequence, from other persons; or
• (ii) restricts access or takes steps to restrict access to the device or knowledge of the code or of the sequence, or to the way of producing the sequence, to a person or a class of person authorised by the controller.

sch.1-sec.409 Definition of robbery

Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery . An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. sch 1 pt 6 div 1 ch 38 s 409 amd 2016 No. 62 s 128 (sch.1-sec.409-ssec.1) Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery . (sch.1-sec.409-ssec.2) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

Section sch.1-sec.410

sch 1 pt 6 div 1 ch 38 s 410 om 2008 No. 55 s 72

sch.1-sec.411 Punishment of robbery

Any person who commits the crime of robbery is liable to imprisonment for 14 years. If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for the crime of robbery. sch 1 pt 6 div 1 ch 38 s 411 amd 1986 No. 1 s 28 ; 1988 No. 88 s 5 sch 2 ; 2016 No. 62 s 129 (sch.1-sec.411-ssec.1) Any person who commits the crime of robbery is liable to imprisonment for 14 years. (sch.1-sec.411-ssec.2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life. (sch.1-sec.411-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for the crime of robbery.

sch.1-sec.412 Attempted robbery

Any person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a crime, and is liable to imprisonment for 7 years. If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 14 years. If the offender is armed with any dangerous or offensive weapon, instrument or noxious substance, and at or immediately before or immediately after the time of the assault the offender wounds, or uses other personal violence to, any person by the weapon, instrument or noxious substance, the offender is liable to imprisonment for life. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. sch 1 pt 6 div 1 ch 38 s 412 amd 1986 No. 1 s 29 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 68 ; 2016 No. 62 s 130 (sch.1-sec.412-ssec.1) Any person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a crime, and is liable to imprisonment for 7 years. (sch.1-sec.412-ssec.2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 14 years. (sch.1-sec.412-ssec.3) If the offender is armed with any dangerous or offensive weapon, instrument or noxious substance, and at or immediately before or immediately after the time of the assault the offender wounds, or uses other personal violence to, any person by the weapon, instrument or noxious substance, the offender is liable to imprisonment for life. (sch.1-sec.412-ssec.4) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sch.1-sec.412-ssec.5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

sch.1-sec.413 Assault with intent to steal

Any person who assaults any person with intent to steal anything is guilty of a crime, and is liable to imprisonment for 3 years. sch 1 pt 6 div 1 ch 38 s 413 amd 1988 No. 88 s 5 sch 2

sch.1-sec.414 Demanding property with menaces with intent to steal

Any person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to the other person, either by the offender or by any other person, if the demand is not complied with, is guilty of a crime, and is liable to imprisonment for 3 years. sch 1 pt 6 div 1 ch 38 s 414 amd 1988 No. 88 s 5 sch 2

sch.1-sec.415 Extortion

A person (the demander ) who, without reasonable cause, makes a demand— with intent to— gain a benefit for any person (whether or not the demander); or cause a detriment to any person other than the demander; and with a threat to cause a detriment to any person other than the demander; commits a crime. Maximum penalty— if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or otherwise—14 years imprisonment. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. It is immaterial that— the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or the threat does not specify the detriment to be caused; or the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or a threat to cause a detriment to the public or any members of the public the detriment is to be caused by someone other than the demander. A reference to making a demand includes causing someone to receive a demand. A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person. A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. In this section— threat includes a statement that may reasonably be interpreted as a threat. sch 1 pt 6 div 1 ch 38 s 415 sub 1961 10 Eliz 2 No. 11 s 15 amd 1976 No. 25 s 6 ; 1977 No. 13 s 15 sub 1984 No. 32 s 4 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 69 sub 2008 No. 55 s 73 amd 2016 No. 62 s 131 (sch.1-sec.415-ssec.1) A person (the demander ) who, without reasonable cause, makes a demand— with intent to— gain a benefit for any person (whether or not the demander); or cause a detriment to any person other than the demander; and with a threat to cause a detriment to any person other than the demander; commits a crime. Maximum penalty— if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or otherwise—14 years imprisonment. (sch.1-sec.415-ssec.1A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sch.1-sec.415-ssec.2) It is immaterial that— the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or the threat does not specify the detriment to be caused; or the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or a threat to cause a detriment to the public or any members of the public the detriment is to be caused by someone other than the demander. (sch.1-sec.415-ssec.3) A reference to making a demand includes causing someone to receive a demand. (sch.1-sec.415-ssec.4) A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person. (sch.1-sec.415-ssec.5) A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General. (sch.1-sec.415-ssec.5A) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. (sch.1-sec.415-ssec.6) In this section— threat includes a statement that may reasonably be interpreted as a threat.

• (a) with intent to— (i) gain a benefit for any person (whether or not the demander); or (ii) cause a detriment to any person other than the demander; and
• (i) gain a benefit for any person (whether or not the demander); or
• (ii) cause a detriment to any person other than the demander; and
• (b) with a threat to cause a detriment to any person other than the demander;
• (i) gain a benefit for any person (whether or not the demander); or
• (ii) cause a detriment to any person other than the demander; and
• (a) if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or
• (b) if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or
• (c) otherwise—14 years imprisonment.
• (a) the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or
• (b) the threat does not specify the detriment to be caused; or
• (c) the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or Example— a threat to cause a detriment to the public or any members of the public
• (d) the detriment is to be caused by someone other than the demander.

Section sch.1-sec.416

sch 1 pt 6 div 1 ch 38 s 416 amd 1922 13 Geo 5 No. 2 s 3(xv); 1976 No. 25 s 7 ; 1986 No. 1 s 30 ; 1988 No. 88 s 5 sch 2 ; 1990 No. 93 s 14 ; 1997 No. 3 s 70 om 2008 No. 55 s 73

Section sch.1-sec.417

sch 1 pt 6 div 1 ch 38 s 417 amd 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 40 om 2008 No. 55 s 73

sch.1-sec.417A Taking control of aircraft

Any person who unlawfully either directly or indirectly takes or exercises control of any aircraft is guilty of a crime and is liable to imprisonment for 7 years. If another person not being an accomplice of the offender is on board the aircraft the offender is liable to imprisonment for 14 years. If the offender at or immediately before or immediately after the time of taking or exercising such control uses or threatens to use actual violence to any person or property in order to take or exercise control of the aircraft or to prevent or overcome resistance to such control being taken or exercised or is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons or takes or exercises such control by any fraudulent representation trick device or other means the offender is liable to imprisonment for life. sch 1 pt 6 div 1 ch 38 s 417A ins 1964 No. 14 s 11 amd 1988 No. 88 s 5 sch 2 (sch.1-sec.417A-ssec.1) Any person who unlawfully either directly or indirectly takes or exercises control of any aircraft is guilty of a crime and is liable to imprisonment for 7 years. (sch.1-sec.417A-ssec.2) If another person not being an accomplice of the offender is on board the aircraft the offender is liable to imprisonment for 14 years. (sch.1-sec.417A-ssec.3) If the offender at or immediately before or immediately after the time of taking or exercising such control uses or threatens to use actual violence to any person or property in order to take or exercise control of the aircraft or to prevent or overcome resistance to such control being taken or exercised or is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons or takes or exercises such control by any fraudulent representation trick device or other means the offender is liable to imprisonment for life.

sch.1-sec.418 Definitions

A person who breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another, is said to break the dwelling or premises. A person is said to enter a dwelling or premises as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or premises. A person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises. In this chapter— premises includes— a building or structure and a part of a building or structure other than a dwelling; and a tent, caravan, or vehicle; and any similar place. sch 1 pt 6 div 1 ch 39 s 418 amd 1997 No. 3 s 71 (sch.1-sec.418-ssec.1) A person who breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another, is said to break the dwelling or premises. (sch.1-sec.418-ssec.2) A person is said to enter a dwelling or premises as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or premises. (sch.1-sec.418-ssec.3) A person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises. (sch.1-sec.418-ssec.4) In this chapter— premises includes— a building or structure and a part of a building or structure other than a dwelling; and a tent, caravan, or vehicle; and any similar place.

• (a) a building or structure and a part of a building or structure other than a dwelling; and
• (b) a tent, caravan, or vehicle; and
• (c) any similar place.

sch.1-sec.419 Burglary

Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime. Maximum penalty—14 years imprisonment. If the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life. If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for life. If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to imprisonment for 16 years. Any person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime. Maximum penalty—imprisonment for life. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. In this section— advertise means attract the notice and attention of the public or a limited section of the public. material includes an electronic document. sch 1 pt 6 div 1 ch 39 s 419 amd 1976 No. 25 s 8 ; 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s 72 amd 2016 No. 62 s 132 ; 2024 No. 45 s 18 (sch.1-sec.419-ssec.1) Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime. Maximum penalty—14 years imprisonment. (sch.1-sec.419-ssec.2) If the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life. (sch.1-sec.419-ssec.3) If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for life. (sch.1-sec.419-ssec.4) If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to imprisonment for 16 years. (sch.1-sec.419-ssec.5) Any person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime. Maximum penalty—imprisonment for life. (sch.1-sec.419-ssec.6) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sch.1-sec.419-ssec.7) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. (sch.1-sec.419-ssec.8) In this section— advertise means attract the notice and attention of the public or a limited section of the public. material includes an electronic document.

• (a) the offence is committed in the night; or
• (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property;
• (i) uses or threatens to use actual violence; or
• (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
• (iii) is in company with 1 or more persons; or
• (iv) damages, or threatens or attempts to damage, any property;
• (i) uses or threatens to use actual violence; or
• (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
• (iii) is in company with 1 or more persons; or
• (iv) damages, or threatens or attempts to damage, any property;
• (a) advertise the offender’s involvement in the offence; or
• (b) advertise the act or omission constituting the offence;

Section sch.1-sec.420

sch 1 pt 6 div 1 ch 39 s 420 amd 1976 No. 25 s 9 ; 1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1

sch.1-sec.421 Entering or being in premises and committing indictable offences

Any person who enters or is in any premises with intent to commit an indictable offence in the premises commits a crime. Maximum penalty—10 years imprisonment. Any person who enters or is in any premises and commits an indictable offence in the premises commits a crime. Maximum penalty—14 years imprisonment. If the offender gains entry to the premises by any break and commits an indictable offence in the premises, he or she is liable to imprisonment for life. sch 1 pt 6 div 1 ch 39 s 421 amd 1945 9 Geo 6 No. 11 s 7 sub 1975 No. 27 s 12 amd 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s 73 (sch.1-sec.421-ssec.1) Any person who enters or is in any premises with intent to commit an indictable offence in the premises commits a crime. Maximum penalty—10 years imprisonment. (sch.1-sec.421-ssec.2) Any person who enters or is in any premises and commits an indictable offence in the premises commits a crime. Maximum penalty—14 years imprisonment. (sch.1-sec.421-ssec.3) If the offender gains entry to the premises by any break and commits an indictable offence in the premises, he or she is liable to imprisonment for life.

Section sch.1-sec.422

sch 1 pt 6 div 1 ch 39 s 422 amd 1945 9 Geo 6 No. 11 s 8 sub 1975 No. 27 s 13 amd 1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1

Section sch.1-sec.423

sch 1 pt 6 div 1 ch 39 s 423 om 1975 No. 27 s 14

Section sch.1-sec.424

sch 1 pt 6 div 1 ch 39 s 424 om 1975 No. 27 s 15

sch.1-sec.425 Possession of things used in connection with unlawful entry

Any person who is found under any of the circumstances following, that is to say— being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein; having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ; having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking; having in the person’s possession by day any such instrument with intent to commit an indictable offence; having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence; is guilty of a crime, and is liable to imprisonment for 3 years. If the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years. sch 1 pt 6 div 1 ch 39 s 425 amd 1976 No. 25 s 10 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 74 (sch.1-sec.425-ssec.1) Any person who is found under any of the circumstances following, that is to say— being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein; having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ; having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking; having in the person’s possession by day any such instrument with intent to commit an indictable offence; having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence; is guilty of a crime, and is liable to imprisonment for 3 years. (sch.1-sec.425-ssec.2) If the offender has been previously convicted of a crime relating to property, the offender is liable to imprisonment for 7 years.

• (a) being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein;
• (b) having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ;
• (c) having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking;
• (d) having in the person’s possession by day any such instrument with intent to commit an indictable offence;
• (e) having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence;

Section sch.1-sec.425A

sch 1 pt 6 div 1 ch 39 s 425A ins 1943 7 Geo 6 No. 14 s 16 amd 1945 9 Geo 6 No. 11 s 9 sub 1975 No. 27 s 16 om 1997 No. 3 s 120 sch 1

Section sch.1-sec.426

sch 1 pt 6 div 1 ch 39 s 426 orig s 426 amd 1961 10 Eliz 2 No. 11 s 16 om 1997 No. 3 s 120 sch 1 prev s 426 ins 1998 No. 19 s 22 om 2008 No. 55 s 74

sch.1-sec.427 Unlawful entry of vehicle for committing indictable offence

A person who unlawfully enters another person’s vehicle with intent to commit an indictable offence commits a crime. Maximum penalty—10 years imprisonment. If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years. If— the vehicle is an emergency vehicle; and the offender knows, or ought reasonably to know, the vehicle is an emergency vehicle; the offender is liable to imprisonment for 14 years. sch 1 pt 6 div 1 ch 39 s 427 prev s 427 sub 1961 10 Eliz 2 No. 11 s 17 amd 1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1 pres s 427 ins 1998 No. 19 s 22 amd 2024 No. 45 s 19 (sch.1-sec.427-ssec.1) A person who unlawfully enters another person’s vehicle with intent to commit an indictable offence commits a crime. Maximum penalty—10 years imprisonment. (sch.1-sec.427-ssec.2) If— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years. (sch.1-sec.427-ssec.3) If— the vehicle is an emergency vehicle; and the offender knows, or ought reasonably to know, the vehicle is an emergency vehicle; the offender is liable to imprisonment for 14 years.

• (a) the offence is committed in the night; or
• (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property;
• (i) uses or threatens to use actual violence; or
• (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
• (iii) is in company with 1 or more persons; or
• (iv) damages, or threatens or attempts to damage, any property;
• (i) uses or threatens to use actual violence; or
• (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
• (iii) is in company with 1 or more persons; or
• (iv) damages, or threatens or attempts to damage, any property;
• (a) the vehicle is an emergency vehicle; and
• (b) the offender knows, or ought reasonably to know, the vehicle is an emergency vehicle;

sch.1-sec.427A Obtaining property by passing valueless cheques

Any person who— obtains from any other person any chattel, money, valuable security, credit, benefit or advantage by passing a cheque that is not paid on presentation for payment; or passes a cheque in the discharge or attempted discharge of any debt, liability or obligation, which cheque is not paid on presentation for payment; is guilty of a misdemeanour and is liable to imprisonment for 2 years. It is a defence to a charge of an offence defined in this section to prove that the accused person— had reasonable grounds for believing that the cheque would be paid in full on presentation for payment; and had no intent to defraud. The fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence to a charge of an offence defined in this section. sch 1 pt 6 div 1 ch 40 s 427A ins 1975 No. 27 s 17 amd 1986 No. 1 s 31 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 76 (sch.1-sec.427A-ssec.1) Any person who— obtains from any other person any chattel, money, valuable security, credit, benefit or advantage by passing a cheque that is not paid on presentation for payment; or passes a cheque in the discharge or attempted discharge of any debt, liability or obligation, which cheque is not paid on presentation for payment; is guilty of a misdemeanour and is liable to imprisonment for 2 years. (sch.1-sec.427A-ssec.2) It is a defence to a charge of an offence defined in this section to prove that the accused person— had reasonable grounds for believing that the cheque would be paid in full on presentation for payment; and had no intent to defraud. (sch.1-sec.427A-ssec.3) The fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence to a charge of an offence defined in this section.

• (a) obtains from any other person any chattel, money, valuable security, credit, benefit or advantage by passing a cheque that is not paid on presentation for payment; or
• (b) passes a cheque in the discharge or attempted discharge of any debt, liability or obligation, which cheque is not paid on presentation for payment;
• (a) had reasonable grounds for believing that the cheque would be paid in full on presentation for payment; and
• (b) had no intent to defraud.

Section sch.1-sec.428

sch 1 pt 6 div 1 ch 40 s 428 sub 1961 10 Eliz 2 No. 11 s 18 amd 1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1

Section sch.1-sec.429

sch 1 pt 6 div 1 ch 40 s 429 amd 1988 No. 88 s 5 sch 2 om 1997 No. 3 s 120 sch 1

sch.1-sec.430 Fraudulent falsification of records

Any person who with intent to defraud— makes a false entry in any record; or omits to make an entry in any record; or gives any certificate or information that is false in a material particular; or in any way falsifies, destroys, alters or damages any record; or produces or makes use of any record the person knows is false in a material particular; commits a crime. Maximum penalty—10 years imprisonment. sch 1 pt 6 div 1 ch 40 s 430 prev s 430 amd 1943 7 Geo 6 No. 14 s 17; 1986 No. 1 s 32 ; 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 75 pres s 430 (prev s 441) amd 1975 No. 27 s 41 sch ; 1988 No. 88 s 5 sch 2 sub 1997 No. 3 s 78 renum and reloc 2008 No. 55 s 80

• (a) makes a false entry in any record; or
• (b) omits to make an entry in any record; or
• (c) gives any certificate or information that is false in a material particular; or
• (d) in any way falsifies, destroys, alters or damages any record; or
• (e) produces or makes use of any record the person knows is false in a material particular;

sch.1-sec.431 False accounting by public officer

Any person who, being an officer charged with the receipt, custody, or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by the person or entrusted to the person’s care, or of any balance of money or property in the person’s possession or under the person’s control, is guilty of a misdemeanour, and is liable to imprisonment for 2 years. sch 1 pt 6 div 1 ch 40 s 431 prev s 431 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 75 pres s 431 (prev s 442) amd 1988 No. 88 s 5 sch 2 renum and reloc 2008 No. 55 s 81

sch.1-sec.432 What is tainted property for ch 41

In this chapter— tainted property means— a thing that has been obtained by way of an act constituting an indictable offence; or if tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or if tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange. However, a thing stops being tainted property after a person acquires a lawful title to it. sch 1 pt 6 div 1 ch 41 s 432 prev s 432 amd 1988 No. 88 s 5 sch 2 om 2000 No. 58 s 2 sch pres s 432 ins 2008 No. 55 s 76 (sch.1-sec.432-ssec.1) In this chapter— tainted property means— a thing that has been obtained by way of an act constituting an indictable offence; or if tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or if tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange. (sch.1-sec.432-ssec.2) However, a thing stops being tainted property after a person acquires a lawful title to it.

• (a) a thing that has been obtained by way of an act constituting an indictable offence; or
• (b) if tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or
• (c) if tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange.

sch.1-sec.433 Receiving tainted property

A person who receives tainted property, and has reason to believe it is tainted property, commits a crime. Maximum penalty— if the property was obtained by way of an act constituting a crime—14 years imprisonment; or if the property is a firearm or ammunition—14 years imprisonment; or if the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or otherwise—7 years imprisonment. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. For the purpose of proving the receiving of anything it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his or her possession, or has aided in concealing it or disposing of it. sch 1 pt 6 div 1 ch 41 s 433 amd 1943 7 Geo 6 No. 14 s 18; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 77 ; 1999 No. 66 s 6 sch ; 2008 No. 55 s 77 ; 2016 No. 62 s 133 (sch.1-sec.433-ssec.1) A person who receives tainted property, and has reason to believe it is tainted property, commits a crime. Maximum penalty— if the property was obtained by way of an act constituting a crime—14 years imprisonment; or if the property is a firearm or ammunition—14 years imprisonment; or if the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or otherwise—7 years imprisonment. (sch.1-sec.433-ssec.1A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sch.1-sec.433-ssec.1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. (sch.1-sec.433-ssec.2) For the purpose of proving the receiving of anything it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his or her possession, or has aided in concealing it or disposing of it.

• (a) if the property was obtained by way of an act constituting a crime—14 years imprisonment; or
• (b) if the property is a firearm or ammunition—14 years imprisonment; or
• (c) if the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or
• (d) otherwise—7 years imprisonment.

Section sch.1-sec.434

sch 1 pt 6 div 1 ch 41 s 434 amd 1900 64 Vic No. 7 s 1 sch; 1943 7 Geo 6 No. 14 s 19 om 2008 No. 55 s 78

sch.1-sec.435 Taking reward for recovery of property obtained by way of indictable offences

If— a thing is obtained by way of any act constituting an indictable offence; and a person dishonestly receives, or dishonestly agrees to receive, any benefit on an agreement or understanding that the person will help anyone to recover the thing; then, unless the person has used all due diligence to cause the offender to be brought to trial for the offence, the person commits a crime. Maximum penalty—7 years imprisonment. sch 1 pt 6 div 1 ch 41 s 435 amd 1988 No. 88 s 5 sch 2 sub 2008 No. 55 s 78

• (a) a thing is obtained by way of any act constituting an indictable offence; and
• (b) a person dishonestly receives, or dishonestly agrees to receive, any benefit on an agreement or understanding that the person will help anyone to recover the thing;

Section sch.1-sec.436

sch 1 pt 6 div 1 ch 42 s 436 amd 1945 9 Geo 6 No. 11 s 10; 1975 No. 27 s 41 sch ; 1986 No. 1 s 33 ; 1988 No. 88 s 5 sch 2 ; 2007 No. 24 s 770 sch 1 om 2008 No. 55 s 79 (2)

Section sch.1-sec.437

sch 1 pt 6 div 1 ch 42 s 437 amd 1975 No. 27 s 41 sch ; 1986 No. 1 s 34 ; 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 79 (2)

Section sch.1-sec.438

sch 1 pt 6 div 1 ch 42 s 438 amd 1975 No. 27 s 41 sch ; 1986 No. 1 s 35 ; 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 79 (2)

Section sch.1-sec.439

sch 1 pt 6 div 1 ch 42 s 439 om 2008 No. 55 s 79 (2)

Section sch.1-sec.440

sch 1 pt 6 div 1 ch 42 s 440 amd 1988 No. 88 s 5 sch 2 om 2008 No. 55 s 79 (2)

sch.1-sec.442A Definitions

In this chapter— advice given or words to the like effect includes every report, certificate, statement, and suggestion intended to influence the person to whom the same is made or given, and every influence deliberately or expressly exercised by one person over another. local government ... sch 1 pt 6 div 1 ch 42A s 442A def local government amd 1997 No. 82 s 3 sch om 2009 No. 17 s 331 sch 1 agent includes any corporation, firm, or person acting or having been acting, or desirous or intending to act, for or on behalf of any corporation, firm, or person, whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, charterer, master mariner, purser, or any member of the crew of a vessel, engineer, barrister, solicitor, legal practitioner, conveyancer, surveyor, buyer, salesperson, supervisor, trustee, official assignee, executor, administrator, liquidator, trustee in bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of any corporation, club, partnership, or association, or in any other capacity, either alone or jointly with any other corporation, firm, or person, and whether in the person’s own name or in the name of the person’s principal or otherwise, and also includes a Minister of the Crown, and a person serving under the Crown or a Minister of the Crown, or corporation representing the Crown, and a person serving under any local government, harbour board, water authority, or any other local or public body constituted by or under any Act. contract includes contract of sale or of employment, or any other contract whatever including an order for any commodity. court means the Supreme Court or a judge thereof, or magistrate or justices having jurisdiction with respect to an offence against this chapter. in relation to his or her principal’s affairs or business implies the additional words ‘whether within the scope of his or her authority or course of his or her employment as agent or not’. person having business relations with the principal includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act; also every corporation, firm, or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on any negotiation or business with any principal, or engaged or interested or having been engaged or interested in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal; and also includes any agent or employee of the Crown, a Minister of the Crown, or corporation representing the Crown, or of any local government, harbour board, water authority, or any other local or public body constituted by or under any Act, or of any such corporation, firm, or other person. principal includes a corporation, firm, or other person for or on behalf of whom the agent acts, has acted, or is desirous or intending to act; the term also includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act for or on behalf of whom the agent acts, has acted, or is desirous or intending to act. solicit any valuable consideration and valuable consideration solicited , and words to the like effect, shall be construed with the following directions, namely, that every agent who diverts, obstructs, gives untruthful reports, or interferes with the proper course of business or manufacture, or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any other person interested in the said negotiation or business, or with intent to injure any such person, shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent. trustee includes the public trustee, an executor, administrator, liquidator, official assignee, or trustee in bankruptcy, receiver, administrator appointed under the Guardianship and Administration Act 2000 , person having power to appoint a trustee, or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position. sch 1 pt 6 div 1 ch 42A s 442A def trustee amd 2005 No. 70 s 166 sch valuable consideration includes any real or personal property; also money, loan, office, place, employment, agreement to give employment, benefit, or advantage whatsoever, and any commission or rebate, payment in excess of actual value of the goods or service, deduction or percentage, bonus or discount, or any forbearance to demand any moneys or moneys’ worth or valuable thing; also some detriment, loss or responsibility given, suffered, or taken, or the refraining from carrying out or doing something which lawfully should be done; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration. The offer of any valuable consideration includes any offer of any agreement or promise to give, and every holding out of any expectation of valuable consideration. The receipt of any valuable consideration includes any acceptance of any agreement, promise, or offer to give, or of any holding out of any expectation of valuable consideration. Prohibition of indirect acts Any act or thing prohibited by this chapter is prohibited whether done directly or indirectly by the person mentioned or by or through any other person. sch 1 pt 6 div 1 ch 42A s 442A ins 1931 22 Geo 5 No. 40 s 2 (sch.1-sec.442A-ssec.1) In this chapter— advice given or words to the like effect includes every report, certificate, statement, and suggestion intended to influence the person to whom the same is made or given, and every influence deliberately or expressly exercised by one person over another. local government ... sch 1 pt 6 div 1 ch 42A s 442A def local government amd 1997 No. 82 s 3 sch om 2009 No. 17 s 331 sch 1 agent includes any corporation, firm, or person acting or having been acting, or desirous or intending to act, for or on behalf of any corporation, firm, or person, whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, charterer, master mariner, purser, or any member of the crew of a vessel, engineer, barrister, solicitor, legal practitioner, conveyancer, surveyor, buyer, salesperson, supervisor, trustee, official assignee, executor, administrator, liquidator, trustee in bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of any corporation, club, partnership, or association, or in any other capacity, either alone or jointly with any other corporation, firm, or person, and whether in the person’s own name or in the name of the person’s principal or otherwise, and also includes a Minister of the Crown, and a person serving under the Crown or a Minister of the Crown, or corporation representing the Crown, and a person serving under any local government, harbour board, water authority, or any other local or public body constituted by or under any Act. contract includes contract of sale or of employment, or any other contract whatever including an order for any commodity. court means the Supreme Court or a judge thereof, or magistrate or justices having jurisdiction with respect to an offence against this chapter. in relation to his or her principal’s affairs or business implies the additional words ‘whether within the scope of his or her authority or course of his or her employment as agent or not’. person having business relations with the principal includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act; also every corporation, firm, or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on any negotiation or business with any principal, or engaged or interested or having been engaged or interested in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal; and also includes any agent or employee of the Crown, a Minister of the Crown, or corporation representing the Crown, or of any local government, harbour board, water authority, or any other local or public body constituted by or under any Act, or of any such corporation, firm, or other person. principal includes a corporation, firm, or other person for or on behalf of whom the agent acts, has acted, or is desirous or intending to act; the term also includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act for or on behalf of whom the agent acts, has acted, or is desirous or intending to act. solicit any valuable consideration and valuable consideration solicited , and words to the like effect, shall be construed with the following directions, namely, that every agent who diverts, obstructs, gives untruthful reports, or interferes with the proper course of business or manufacture, or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any other person interested in the said negotiation or business, or with intent to injure any such person, shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent. trustee includes the public trustee, an executor, administrator, liquidator, official assignee, or trustee in bankruptcy, receiver, administrator appointed under the Guardianship and Administration Act 2000 , person having power to appoint a trustee, or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position. sch 1 pt 6 div 1 ch 42A s 442A def trustee amd 2005 No. 70 s 166 sch valuable consideration includes any real or personal property; also money, loan, office, place, employment, agreement to give employment, benefit, or advantage whatsoever, and any commission or rebate, payment in excess of actual value of the goods or service, deduction or percentage, bonus or discount, or any forbearance to demand any moneys or moneys’ worth or valuable thing; also some detriment, loss or responsibility given, suffered, or taken, or the refraining from carrying out or doing something which lawfully should be done; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration. The offer of any valuable consideration includes any offer of any agreement or promise to give, and every holding out of any expectation of valuable consideration. The receipt of any valuable consideration includes any acceptance of any agreement, promise, or offer to give, or of any holding out of any expectation of valuable consideration. Prohibition of indirect acts (sch.1-sec.442A-ssec.2) Any act or thing prohibited by this chapter is prohibited whether done directly or indirectly by the person mentioned or by or through any other person.

sch.1-sec.442B Receipt or solicitation of secret commission by an agent

Any agent who corruptly receives or solicits from any person for himself or herself or for any other person any valuable consideration— as an inducement or reward for or otherwise on account of doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business; commits a crime. sch 1 pt 6 div 1 ch 42A s 442B ins 1931 22 Geo 5 No. 40 s 3 amd 1997 No. 3 s 79 (1)

• (a) as an inducement or reward for or otherwise on account of doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or
• (b) the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business;

sch.1-sec.442BA Gift or offer of secret commission to an agent

Any person who corruptly gives or offers to any agent any valuable consideration— as an inducement or reward for or otherwise on account of the agent doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business; commits a crime. sch 1 pt 6 div 1 ch 42A s 442BA (prev s 442B(2)) renum 1997 No. 3 s 79 (2) amd 1997 No. 3 s 79 (3)

• (a) as an inducement or reward for or otherwise on account of the agent doing or forbearing to do, or having done or forborne to do, any act in relation to his or her principal’s affairs or business; or
• (b) the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his or her principal’s affairs or business;

sch.1-sec.442C Secret gifts received by parent, spouse, child, partner etc. of agent

Any valuable consideration received or solicited by any parent, spouse, or child of any agent, or by his or her partner, clerk, or employee, from any person having business relations with the principal of such agent, shall be deemed to have been received or solicited by the agent unless it be proved that the valuable consideration was so received or solicited without the consent, knowledge, or privity of the agent. Secret gifts to parent, spouse, child, partner etc. of agent Any valuable consideration— given or offered to any parent, spouse, or child of any agent, or to his or her partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or given or offered, at the agent’s request, to any person by any person having business relations with the principal of such agent; shall be deemed to have been given or offered to the agent. sch 1 pt 6 div 1 ch 42A s 442C ins 1931 22 Geo 5 No. 40 s 4 amd 2002 No. 74 s 90 sch (sch.1-sec.442C-ssec.1) Any valuable consideration received or solicited by any parent, spouse, or child of any agent, or by his or her partner, clerk, or employee, from any person having business relations with the principal of such agent, shall be deemed to have been received or solicited by the agent unless it be proved that the valuable consideration was so received or solicited without the consent, knowledge, or privity of the agent. Secret gifts to parent, spouse, child, partner etc. of agent (sch.1-sec.442C-ssec.2) Any valuable consideration— given or offered to any parent, spouse, or child of any agent, or to his or her partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or given or offered, at the agent’s request, to any person by any person having business relations with the principal of such agent; shall be deemed to have been given or offered to the agent. sch 1 pt 6 div 1 ch 42A s 442C ins 1931 22 Geo 5 No. 40 s 4 amd 2002 No. 74 s 90 sch

• (a) given or offered to any parent, spouse, or child of any agent, or to his or her partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or
• (b) given or offered, at the agent’s request, to any person by any person having business relations with the principal of such agent;

sch.1-sec.442D False or misleading receipt or account

Any person who with intent to deceive or defraud the principal gives to any agent, or any agent who receives or uses or gives to the principal any receipt, invoice, account, or document in respect of which or in relation to a dealing transaction or matter in which the principal is interested, and which— contains any statement which is false or erroneous or defective in any important particular, or contains an overcharge or is in any way likely to mislead the principal; or omits to state explicitly and fully the fact of any commission, percentage, bonus, discount, rebate, repayment, gratuity, or deduction having been made, given, or allowed, or agreed to be made, given, or allowed; commits a crime. sch 1 pt 6 div 1 ch 42A s 442D ins 1931 22 Geo 5 No. 40 s 5 amd 1997 No. 3 s 80

• (a) contains any statement which is false or erroneous or defective in any important particular, or contains an overcharge or is in any way likely to mislead the principal; or
• (b) omits to state explicitly and fully the fact of any commission, percentage, bonus, discount, rebate, repayment, gratuity, or deduction having been made, given, or allowed, or agreed to be made, given, or allowed;

sch.1-sec.442E Secret commission for advice given

Whenever any advice is given by one person to another, and such advice is in any way intended or likely to induce or influence the person advised— to enter into a contract with any third person; or to appoint or join with another in the appointment, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of any third person as trustee, director, manager, or official; and any valuable consideration is, without the assent of the person advised, given by such third person to the person giving the advice, the gift or receipt of the valuable consideration is a crime; but this subsection shall not apply when the person giving the advice was, to the knowledge of the person advised, the agent of such third person, or when the valuable consideration was not given in respect of such advice. sch 1 pt 6 div 1 ch 42A s 442E ins 1931 22 Geo 5 No. 40 s 6 amd 1997 No. 3 s 81 (1)

• (a) to enter into a contract with any third person; or
• (b) to appoint or join with another in the appointment, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of any third person as trustee, director, manager, or official;

sch.1-sec.442EA Offer or solicitation of secret commission in return for advice given or to be given

Any offer or solicitation of a valuable consideration in respect of any advice given, or to be given, by one person to another with a view to induce or influence the person advised— to enter into a contract with the person offering or solicited; or to appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of the person offering or solicited as trustee, director, manager, or official; and with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised, is a crime; but this subsection shall not apply when such first mentioned person is the agent of the person offering or solicited. sch 1 pt 6 div 1 ch 42A s 442EA (prev s 442E(2)) renum 1997 No. 3 s 81 (2) amd 1997 No. 3 s 81 (3)

• (a) to enter into a contract with the person offering or solicited; or
• (b) to appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of the person offering or solicited as trustee, director, manager, or official;

sch.1-sec.442F Secret commission to trustee in return for substituted appointment

Any person who offers or gives any valuable consideration to a trustee, or any trustee who receives or solicits any valuable consideration for himself or herself or for any other person, without the assent of the persons beneficially entitled to the estate or of a judge of the Supreme Court, as an inducement or reward for appointing or having appointed, or for joining or having joined with another in appointing, or for authorising or having authorised, or for joining or having joined with another in authorising, any person to be appointed in the person’s stead or instead of the person and any other person as trustee, commits a crime. sch 1 pt 6 div 1 ch 42A s 442F ins 1931 22 Geo 5 No. 40 s 7 amd 1997 No. 3 s 82

sch.1-sec.442G Liability of director etc. acting without authority

Any director, manager, or officer of a company, or any officer or member of the crew of any vessel, or any person acting for another, who knowingly takes part in or is in any way privy to doing, or attempts to do, any act or thing without authority which, if authorised, would be in contravention of any of the provisions of this chapter, commits a crime. sch 1 pt 6 div 1 ch 42A s 442G ins 1931 22 Geo 5 No. 40 s 8 amd 1997 No. 3 s 83

Section sch.1-sec.442H

sch 1 pt 6 div 1 ch 42A s 442H ins 1931 22 Geo 5 No. 40 s 9 amd 1934 25 Geo 5 No. 11 s 11 om 1997 No. 3 s 120 sch 1

sch.1-sec.442I Penalty on conviction

Any person guilty of a crime against any of the provisions of this chapter is— liable, if a corporation, to a penalty of 3,400 penalty units, and if an individual, to 7 years imprisonment; and in addition, liable to be ordered to pay to such person and in such manner as the court directs the amount or value, according to the estimation of the court, of any valuable consideration received or given by the person, or any part thereof, and such order shall be enforceable in the same manner as an order of the court. sch 1 pt 6 div 1 ch 42A s 442I ins 1931 22 Geo 5 No. 40 s 10 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 84

• (a) liable, if a corporation, to a penalty of 3,400 penalty units, and if an individual, to 7 years imprisonment; and
• (b) in addition, liable to be ordered to pay to such person and in such manner as the court directs the amount or value, according to the estimation of the court, of any valuable consideration received or given by the person, or any part thereof, and such order shall be enforceable in the same manner as an order of the court.

sch.1-sec.442J Court may order withdrawal of trifling or technical cases

If in any prosecution under this chapter it appears to the court that the offence charged is, in the particular case, of a trifling or merely technical nature, or that in the particular circumstances it is inexpedient to proceed to a conviction, the court may in its discretion, and for reason stated on the application of the accused, dismiss the case; but the court may, if it thinks fit, make the order mentioned in section 442I . sch 1 pt 6 div 1 ch 42A s 442J ins 1931 22 Geo 5 No. 40 s 11

sch.1-sec.442K Witness giving answers criminating himself or herself

A person who is called as a witness in any proceeding under this chapter shall not be excused from answering any question relating to any offence against this chapter on the ground that the answer thereto may criminate or tend to criminate the person. An answer to a question in any such proceeding shall not, except in the said proceeding or in the case of any prosecution for perjury in respect of such answer, be in any proceeding, civil or criminal, admissible in evidence against the person so answering. sch 1 pt 6 div 1 ch 42A s 442K ins 1931 22 Geo 5 No. 40 s 12 (sch.1-sec.442K-ssec.1) A person who is called as a witness in any proceeding under this chapter shall not be excused from answering any question relating to any offence against this chapter on the ground that the answer thereto may criminate or tend to criminate the person. (sch.1-sec.442K-ssec.2) An answer to a question in any such proceeding shall not, except in the said proceeding or in the case of any prosecution for perjury in respect of such answer, be in any proceeding, civil or criminal, admissible in evidence against the person so answering.

sch.1-sec.442L Certificate to witness

A witness in any proceeding under this chapter who, in the judgment of the court, answers truly all questions which the witness is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered. Stay of proceedings against such witness When a person has received a certificate as aforesaid, and any criminal proceeding is at any time instituted against the person in respect of the offence which was in question in the proceeding in which the said person was called as a witness, the court having cognisance of the case shall, on proof of the certificate and of the identity of the offence in question in the 2 cases, stay the proceedings. sch 1 pt 6 div 1 ch 42A s 442L ins 1931 22 Geo 5 No. 40 s 12 (sch.1-sec.442L-ssec.1) A witness in any proceeding under this chapter who, in the judgment of the court, answers truly all questions which the witness is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered. Stay of proceedings against such witness (sch.1-sec.442L-ssec.2) When a person has received a certificate as aforesaid, and any criminal proceeding is at any time instituted against the person in respect of the offence which was in question in the proceeding in which the said person was called as a witness, the court having cognisance of the case shall, on proof of the certificate and of the identity of the offence in question in the 2 cases, stay the proceedings.

sch.1-sec.442M Custom of itself no defence

In any prosecution under this chapter it does not amount to a defence to show that the receiving, soliciting, giving, or offering of any valuable consideration therein mentioned or referred to is customary in any trade, business, or calling. Burden of proof that gift not secret commission If in any prosecution under this chapter it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this chapter shall be on the accused. Consent to prosecution No prosecution under this chapter shall be commenced without the consent of a Crown Law Officer. sch 1 pt 6 div 1 ch 42A s 442M ins 1931 22 Geo 5 No. 40 s 13 (sch.1-sec.442M-ssec.1) In any prosecution under this chapter it does not amount to a defence to show that the receiving, soliciting, giving, or offering of any valuable consideration therein mentioned or referred to is customary in any trade, business, or calling. Burden of proof that gift not secret commission (sch.1-sec.442M-ssec.2) If in any prosecution under this chapter it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this chapter shall be on the accused. Consent to prosecution (sch.1-sec.442M-ssec.3) No prosecution under this chapter shall be commenced without the consent of a Crown Law Officer.

sch.1-sec.443 Definitions for ch 43

In this chapter— bet or make a bet includes— place, change, accept or withdraw a bet; and cause a bet to be placed, changed, accepted or withdrawn. encourage includes ask, counsel, incite, induce, persuade, pressure (by threats or otherwise), procure or urge. match-fixing arrangement , in relation to a sporting event or sporting contingency, means an agreement between 2 or more persons relating to any person engaging in match-fixing conduct in relation to the event or contingency for the purpose of— obtaining a pecuniary benefit for any person; or causing a pecuniary detriment to any person. match-fixing conduct , in relation to a sporting event or the happening of a sporting contingency, means conduct that— affects, or if engaged in could reasonably be expected to affect, the outcome of the event or the happening of the contingency; and is contrary to the standards of integrity that an ordinary person would reasonably expect of persons in a position to affect or influence the outcome of the event or the happening of the contingency. sporting contingency means a contingency— associated with a sporting event; and on the happening of which a person may make a bet under a law of the Commonwealth or a State. sporting event means a sporting competition or activity, whether taking place in Queensland or elsewhere, on the outcome of which a person may make a bet under a law of the Commonwealth or a State. sch 1 pt 6 div 1 ch 43 s 443 prev s 443 amd 1943 7 Geo 6 No. 14 s 20(1); 1961 10 Eliz 2 No. 11 s 19; 1964 No. 14 s 12 ; 1973 No. 88 s 6 ; 1975 No. 27 s 18 ; 1976 No. 25 ss 11, 19 sch; 1986 No. 1 s 36 ; 1988 No. 88 s 5 sch 2 ; 1989 No. 17 s 41 om 1997 No. 3 s 120 sch 1 pres s 443 ins 2014 No. 39 s 30

• (a) place, change, accept or withdraw a bet; and
• (b) cause a bet to be placed, changed, accepted or withdrawn.
• (a) obtaining a pecuniary benefit for any person; or
• (b) causing a pecuniary detriment to any person.
• (a) affects, or if engaged in could reasonably be expected to affect, the outcome of the event or the happening of the contingency; and
• (b) is contrary to the standards of integrity that an ordinary person would reasonably expect of persons in a position to affect or influence the outcome of the event or the happening of the contingency.
• (a) associated with a sporting event; and
• (b) on the happening of which a person may make a bet under a law of the Commonwealth or a State.

sch.1-sec.443A Engaging in match-fixing conduct

A person who engages in match-fixing conduct in relation to a sporting event or the happening of a sporting contingency for the purpose of— obtaining or receiving a pecuniary benefit for any person; or causing a pecuniary detriment to another person; commits a crime. Maximum penalty—10 years imprisonment. For subsection (1) , it does not matter whether any person— obtains or receives a pecuniary benefit; or causes or suffers a pecuniary detriment. sch 1 pt 6 div 1 ch 43 s 443A ins 2014 No. 39 s 30 (sch.1-sec.443A-ssec.1) A person who engages in match-fixing conduct in relation to a sporting event or the happening of a sporting contingency for the purpose of— obtaining or receiving a pecuniary benefit for any person; or causing a pecuniary detriment to another person; commits a crime. Maximum penalty—10 years imprisonment. (sch.1-sec.443A-ssec.2) For subsection (1) , it does not matter whether any person— obtains or receives a pecuniary benefit; or causes or suffers a pecuniary detriment.

• (a) obtaining or receiving a pecuniary benefit for any person; or
• (b) causing a pecuniary detriment to another person;
• (a) obtains or receives a pecuniary benefit; or
• (b) causes or suffers a pecuniary detriment.

sch.1-sec.443B Facilitating match-fixing conduct or match-fixing arrangement

A person who facilitates match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency for the purpose of— obtaining or receiving a pecuniary benefit for any person; or causing a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment. For subsection (1) , a person facilitates match-fixing conduct or a match-fixing arrangement if the person agrees or offers to— engage in the match-fixing conduct; or participate in the match-fixing arrangement; or encourage another person to— engage in the match-fixing conduct; or participate in the match-fixing arrangement. For subsection (1) , it does not matter whether any person— engages in the match-fixing conduct; or obtains or receives a pecuniary benefit; or causes or suffers a pecuniary detriment. sch 1 pt 6 div 1 ch 43 s 443B ins 2014 No. 39 s 30 (sch.1-sec.443B-ssec.1) A person who facilitates match-fixing conduct or a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency for the purpose of— obtaining or receiving a pecuniary benefit for any person; or causing a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment. (sch.1-sec.443B-ssec.2) For subsection (1) , a person facilitates match-fixing conduct or a match-fixing arrangement if the person agrees or offers to— engage in the match-fixing conduct; or participate in the match-fixing arrangement; or encourage another person to— engage in the match-fixing conduct; or participate in the match-fixing arrangement. (sch.1-sec.443B-ssec.3) For subsection (1) , it does not matter whether any person— engages in the match-fixing conduct; or obtains or receives a pecuniary benefit; or causes or suffers a pecuniary detriment.

• (a) obtaining or receiving a pecuniary benefit for any person; or
• (b) causing a pecuniary detriment to any person;
• (a) engage in the match-fixing conduct; or
• (b) participate in the match-fixing arrangement; or
• (c) encourage another person to— (i) engage in the match-fixing conduct; or (ii) participate in the match-fixing arrangement.
• (i) engage in the match-fixing conduct; or
• (ii) participate in the match-fixing arrangement.
• (i) engage in the match-fixing conduct; or
• (ii) participate in the match-fixing arrangement.
• (a) engages in the match-fixing conduct; or
• (b) obtains or receives a pecuniary benefit; or
• (c) causes or suffers a pecuniary detriment.

sch.1-sec.443C Offering or giving benefit, or causing or threatening detriment, to engage in match-fixing conduct or match-fixing arrangement

A person who, as an inducement for any person to engage in, or to procure any other person to engage in, match-fixing conduct or participate in a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency— offers or gives any person a pecuniary benefit; or causes, or offers or threatens to cause, a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment. For subsection (1) , it does not matter whether any person engages in the match-fixing conduct. sch 1 pt 6 div 1 ch 43 s 443C ins 2014 No. 39 s 30 (sch.1-sec.443C-ssec.1) A person who, as an inducement for any person to engage in, or to procure any other person to engage in, match-fixing conduct or participate in a match-fixing arrangement in relation to a sporting event or the happening of a sporting contingency— offers or gives any person a pecuniary benefit; or causes, or offers or threatens to cause, a pecuniary detriment to any person; commits a crime. Maximum penalty—10 years imprisonment. (sch.1-sec.443C-ssec.2) For subsection (1) , it does not matter whether any person engages in the match-fixing conduct.

• (a) offers or gives any person a pecuniary benefit; or
• (b) causes, or offers or threatens to cause, a pecuniary detriment to any person;

sch.1-sec.443D Using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting

A person who has knowledge of match-fixing conduct or a match-fixing arrangement in relation to a sporting event or sporting contingency and— makes a relevant bet in relation to the event or contingency; or encourages another person to make a relevant bet in relation to the event or contingency; or discloses the knowledge to another person who the first person knows, or ought reasonably to know, would be likely to make a relevant bet in relation to the event or contingency; commits a crime. Maximum penalty—10 years imprisonment. For subsection (1) (b) or (c) , it does not matter whether a person mentioned in that paragraph makes a relevant bet in relation to the event or contingency. In this section— relevant bet , in relation to a sporting event or a sporting contingency, means a bet on the outcome of the event or the happening of the sporting contingency on behalf of any person. sch 1 pt 6 div 1 ch 43 s 443D ins 2014 No. 39 s 30 (sch.1-sec.443D-ssec.1) A person who has knowledge of match-fixing conduct or a match-fixing arrangement in relation to a sporting event or sporting contingency and— makes a relevant bet in relation to the event or contingency; or encourages another person to make a relevant bet in relation to the event or contingency; or discloses the knowledge to another person who the first person knows, or ought reasonably to know, would be likely to make a relevant bet in relation to the event or contingency; commits a crime. Maximum penalty—10 years imprisonment. (sch.1-sec.443D-ssec.2) For subsection (1) (b) or (c) , it does not matter whether a person mentioned in that paragraph makes a relevant bet in relation to the event or contingency. (sch.1-sec.443D-ssec.3) In this section— relevant bet , in relation to a sporting event or a sporting contingency, means a bet on the outcome of the event or the happening of the sporting contingency on behalf of any person.

• (a) makes a relevant bet in relation to the event or contingency; or
• (b) encourages another person to make a relevant bet in relation to the event or contingency; or
• (c) discloses the knowledge to another person who the first person knows, or ought reasonably to know, would be likely to make a relevant bet in relation to the event or contingency;