sch.1-sec.408CFraud

### 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