Criminal Code Act 1899

Every natural person and corporation within Queensland is subject to these offences. Owners of property obtain the benefit of criminal protection and, in limited cases, statutory compensation orders. Employees are protected by the specific wage-theft rule in s 391(6A) and the aggravated fraud offence where the offender is their employer (s 408C(2)(e)). Employers who steal from employees face the cl 16 aggravation.

Public servants, clerks, servants, directors, agents and trustees are subject to heightened penalties when they steal property that comes into their possession by virtue of their office (ss 5–8-oc.2). Pawnbrokers and second-hand dealers face 14-year maximums for receiving tainted property (s 433(1)(c)). Licensed operators (drivers, vessel masters) risk disqualification under s 450H where a motor vehicle or vessel is used to facilitate stock offences.

Sporting participants, bettors and those with inside knowledge are captured by the 2014 match-fixing regime. Graffiti artists and persons damaging educational institutions, cemeteries or places of worship face specific sentencing options including mandatory community service and graffiti removal orders. Victims of identity crime may obtain a court certificate under s 408D(3) to assist remediation of their records.

The Crown, as owner of public property, is protected; conversely, public officers who falsify registers or accounts (ss 499, 431) are liable. The provisions bind the Crown in right of Queensland and, by extension through s 391(7) definitions, interact with Commonwealth and interstate industrial instruments.

The Code imposes negative duties: not to take, convert, damage or forge with the prescribed dishonest intent. Positive duties are rare but appear in the obligation to account for proceeds (s 394) and the evidential burden placed on an accused claiming consent under s 408A(7).

Rights conferred include the owner’s right to have property returned or its value compensated, the employee’s right to have unpaid wages treated as stealable property, and the victim of identity crime’s right to a court certificate. Defences are expressly preserved: reasonable belief that the owner cannot be found after finding lost property (s 391(5)), lawful consent, and the “trifling or technical” dismissal power in s 442J for secret commissions.

The rebuttable presumption in s 391(2B) that a person who transports unidentifiable property without discharging indebtedness has done so fraudulently shifts the evidential onus. The presumption of lack of consent in cemetery damage cases (s 469(4)) similarly eases the prosecution’s task.

Penalties are almost entirely indictable. Baseline stealing is 5 years (s 398); most aggravated forms are 10–14 years, with life available for arson, sabotage causing danger to life, robbery with violence, and certain burglaries. Fraud escalates to 20 years for “business of fraud” or high-value offending. Match-fixing carries a flat 10-year maximum; secret commissions 7 years plus corporate fines.

Enforcement is by police investigation, charge on indictment (with Crown Law Officer consent required for s 161Q circumstances of aggravation), and trial in the District or Supreme Court. Summary election is unavailable for the most serious offences. Forfeiture of vehicles and instruments is available under ss 450I and 469AA. Valuation certificates under s 450F are prima facie evidence of stock value until contrary proof. Graffiti and educational-institution offenders may be ordered to perform community service or pay compensation; courts must make graffiti removal orders under the Penalties and Sentences Act 1992 Part 5A where applicable.

The Criminal Proceeds Confiscation Act 2002 operates in parallel for restraint and confiscation of tainted property.

The Code is not exhaustive. Section 391(7) expressly incorporates definitions from the Industrial Relations Act 2016 and Fair Work Act 2009 (Cwlth) for wage theft. Circumstances of aggravation under Penalties and Sentences Act 1992 s 161Q require Crown Law Officer consent before being charged on indictment. The Disaster Management Act 2003 supplies the “declared area” trigger for looting aggravation.

Property offences interact with the Personal Property Securities Act 2009 (Cwlth) in determining “special property” and priority on forfeiture. Computer misuse (s 408E) overlaps with Commonwealth Criminal Code Act 1995 (Cth) Part 10.7 but is preserved by the “without prejudice” clause in s 408A(8). Forgery and uttering interact with Commonwealth currency and official document offences.

Civil remedies remain available; conviction does not bar subsequent civil action for conversion or deceit. The Evidence Act 1977 (Qld) governs admissibility of photographic records under s 450EA.

The extracted text reflects amendments up to 2024. Key modernisations include:

• 2008 (Criminal Code and Other Acts Amendment Act 2008): replaced archaic “stealing” language with comprehensive fraud offence in s 408C, repealed obsolete sections, and aligned definitions with contemporary commercial practice.
• 2013–2014: introduction of identity-crime (s 408D) and match-fixing (ss 443A–443G) provisions to combat emerging threats of identity theft and sports betting corruption.
• 2020–2024: wage theft clarification in s 391(6A), social-media advertising aggravations for burglary and unlawful use of vehicles, and extension of graffiti and cemetery offences to reflect community concern over vandalism of cultural and religious sites.
• 2023–2024: updates to emergency-vehicle aggravations and alignment of registration-document references with the Births, Deaths and Marriages Registration Act 2023.

These changes respond to technological change (digital identity, social media), economic shifts (employee vulnerability to wage theft), and public policy priorities (sports integrity, protection of public memorials).

The text itself does not cite cases, but the provisions have generated significant jurisprudence. The meaning of “dishonest” in s 408C was settled by reference to the Peters direction (ordinary decent person test) before statutory clarification in s 408C(3). Courts have grappled with the boundary between civil breach of contract and criminal fraud, particularly where an employer withholds wages but claims set-off rights.

The rebuttable presumption in s 391(2A)–(2B) has been challenged on reverse-onus grounds but upheld as evidential only. Match-fixing provisions have yet to generate reported appellate authority, reflecting their recent introduction. Lifetime maximums for aggravated robbery and burglary have been criticised as disproportionate for young offenders, leading to merciful applications of Penalties and Sentences Act 1992 s 9 principles.

Controversy persists around the breadth of “special property” in employee wage rights and whether the $5,000 threshold in various clauses requires updating for inflation.

Most practitioners miss that s 391(6A) treats unpaid wages as stealable property from the moment they become due under an industrial instrument; the usual “movement” requirement is expressly disapplied. This creates strict liability for employers who deliberately withhold wages even if they later intend to pay.

The social-media advertising aggravations in ss 408A(3), 419(4) capture not only boasting but any post that “attracts the notice and attention of the public or a limited section of the public”. A single Instagram story can elevate a 10-year offence to 12 or 16 years.

Section 469(4) reverses the onus for cemetery damage: the prosecution need only prove damage to a fixed memorial; the accused must then prove consent or reasonable belief in consent. This is easily overlooked.

The “trifling or technical” escape valve in s 442J for secret commissions is rarely invoked but remains a powerful negotiating tool in white-collar prosecutions involving minor gifts.

Finally, s 450EH gives a stock-disposal order clear title to the purchaser notwithstanding any prior security interest; this can surprise secured creditors who assume their Personal Property Securities Act 2009 (Cwlth) registration protects them.

Organisations should maintain robust financial controls: segregate duties, reconcile accounts daily, and ensure wages are paid on the due date under the relevant industrial instrument. Written directions for funds held on trust should be retained to avoid the s 393(2) writing requirement.

Directors and officers must implement anti-fraud policies, train staff on s 408C dishonesty thresholds, and maintain clear records of authority to deal with company property. Agents must disclose all commissions; failure to do so risks both civil action and criminal liability under ss 442B–442D.

For sports organisations, compliance requires contractual prohibitions on match-fixing, education of athletes, and reporting lines to law-enforcement and sporting bodies. IT systems must incorporate access controls to satisfy the “restricted computer” definition in s 408E(5).

Physical security (locks, CCTV, stock registers) reduces burglary and stealing risk. Valuation panels under s 450F should be engaged early in livestock prosecutions to avoid disputes over minimum fines.

Above all, organisations should treat any internal investigation of suspected dishonesty as potentially laying the foundation for a criminal brief; preserve chain of custody, obtain legal advice before interviewing suspects, and ensure any remedial payments do not inadvertently create a defence under s 408C(3)(b) while still exposing the offender to liability for the original dishonest act. Regular legal audits of financial delegations, employment contracts and agency agreements are the cheapest insurance against the 14- and 20-year maxima that now apply to sophisticated white-collar offending.