What it does
The extracted provisions form Chapter 36–44 (and associated definitional and penalty clauses) of Schedule 1 to the Criminal Code Act 1899 (Qld). They comprehensively codify offences against property and contracts. At their core is the definition of stealing in s 391: a person who fraudulently takes or converts anything capable of being stolen is guilty of stealing. “Fraudulently” is exhaustively defined by six intents in s 391(2) (permanent deprivation, pledge, conditional return, irreversible dealing, use of money at will, and the special wage-theft rule in s 391(6A)). The physical element is completed only when the thing is moved or dealt with by a physical act (s 391(6)).
Section 390 declares that any movable property, or property capable of being made movable, is capable of being stolen. Special rules deem certain funds held on direction (s 393), proceeds received by agents (s 394), and money received for another (s 395) to remain the property of the original owner until properly applied. Section 396 makes it immaterial that the taker has a partial interest or is a director of a corporate owner.
Punishment is graduated. The baseline offence under s 398 carries 5 years imprisonment, but 16 separate “special cases” in the following clauses elevate liability: stealing wills (cl 1—14 years), stock with minimum fines (cl 2), stealing from the person or in a dwelling exceeding $1,000 or with violence (cl 4—10 years), stealing by public servants, clerks, directors, agents, or after prior conviction (all 10 years), property over $5,000 (—10 years), vehicles (—14 years), firearms (—14 years), and looting during disasters (—10 years). Aggravated stealing by employers of employee property attracts 10 years ().