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Criminal Code Act 1983
215Theft of land
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215 Theft of land
(1) A person cannot commit the offence of theft of land or things
forming part of the land and severed from it by the person or at the
person's directions, except in the following circumstances:
(a) when the person has legal authority to sell or dispose of land
belonging to another person and the person appropriates the
land or anything forming part of it by dealing with it in breach
of the confidence reposed in the person;
(b) when the person is not in possession of the land and
appropriates anything forming part of the land:
(i) by severing it or causing it to be severed; or
(ii) after it has been severed;
(c) when in possession of the land under a tenancy, the person
appropriates the whole or part of any fixture or structure that is
let under the tenancy.
(2) For subsection (1)(c), a tenancy is a tenancy for years or any
shorter period, and includes an agreement for a tenancy, but a
person who after the end of a tenancy remains in possession as
statutory tenant or otherwise is to be treated as having possession
under the tenancy, and let is to be construed accordingly.
land does not include incorporeal hereditaments.