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Criminal Code Act 1983
228Making off without payment
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228 Making off without payment
(a) the person is supplied with goods or services; and
(b) immediate payment for the goods or services is required or
expected and the person has knowledge of that circumstance;
and
(c) the person intentionally makes off without paying for the goods
or services; and
(d) the conduct mentioned in paragraph (c) is dishonest.
(3) It is not an offence if the supply of goods or services is unlawful.
Criminal Code Act 1983 218
immediate payment includes payment at the time of collecting
goods in relation to which a service is supplied.
228AA Removal of item from places open to public
(a) the person intentionally removes an item from premises; and
(b) the premises are at any time open to the public; and
(c) the item is publicly exhibited or kept for public exhibition at the
premises but is not exhibited or kept for the purpose of selling
or any other commercial dealing; and
(2) Strict liability applies to subsection (1)(b) and (c).
228AB Driving, using or riding motor vehicle, vessel or aircraft
without consent
(a) the person intentionally drives, uses or rides in or on a motor
vehicle, vessel or aircraft; and
(b) the motor vehicle, vessel or aircraft:
(i) belongs to another person (the owner); and
(ii) was taken from the owner without the owner's consent;
and
(c) the person is reckless in relation to the circumstances in
paragraph (b); and
Criminal Code Act 1983 219
Maximum penalty: If the offence relates to a motor vehicle or
vessel – imprisonment for 5 years.
If the offence relates to an aircraft –
motor vehicle means any vehicle for use on land that is designed
to be wholly or partly self-propelled and includes any trailer or
caravan attached to it.
228AC Definitions
belongs, in relation to property, means having possession or
control of it, or having any proprietary right or interest in it, other
than an equitable interest arising only from an agreement to
transfer or grant an interest, or from a constructive trust.
deception means a deception whether by words or other conduct,
and whether as to fact or as to law, and includes:
(a) a deception about the intention of the person using the
deception or anyone else; and
(b) conduct by a person that causes a computer, a machine or an
electronic device to make a response that the person is not
authorised to cause it to do.
demand with a menace, see section 228AF.
menace, see section 228AD.
obtain, in relation to property, see section 228AE.
Criminal Code Act 1983 220
228AD Meaning of menace
(1) A menace includes:
(a) an express or implied threat of action that is detrimental or
unpleasant to another person; or
(b) if a person makes a demand – a general threat of detrimental
or unpleasant action against another person that is implied
because the person making the demand is a public officer.
(2) A threat against an individual is a menace only if:
(a) the threat would likely cause an individual of normal stability
and courage to act unwillingly; or
(b) the threat would likely cause an individual to act unwillingly
because of a particular vulnerability of which the maker of the
threat is aware.
(3) A threat against an entity other than an individual is a menace only
if:
(a) the threat would ordinarily cause an unwilling response; or
(b) the threat would likely cause an unwilling response because of
a particular vulnerability of which the maker of the threat is
aware.
228AE Meaning of obtain
(1) For section 228AH, a person obtains property if:
(a) the person obtains ownership, possession or control of it for
the person or another person; or
(b) the person enables ownership, possession or control of it to
be retained by the person or another person; or
(c) the person induces a third person to pass ownership,
possession or control of it to another person; or
(d) the person induces a third person to enable another person to
retain ownership, possession or control of it; or
(e) section 228AI applies in relation to the property.
(2) To avoid doubt, subsection (1) does not apply in relation to
sections 228AK, 228AL and 228AO.
Criminal Code Act 1983 221
228AF Meaning of demand with a menace
For a demand with a menace:
(a) the demand need not be a demand for money or other
property; and
(b) it is irrelevant whether the menace relates to an action to be
taken by the person making the demand.
228AG Intention of permanently depriving
(1) A person (person A) has the intention of permanently depriving
someone else (person B) of property belonging to person B if:
(a) person A obtains property belonging to person B without
meaning person B to permanently lose the property; and
(b) person A intends to treat the property as person A's own to
dispose of regardless of person B's rights.
(2) For subsection (1), if person A borrows or lends property belonging
to person B, the borrowing or lending may amount to treating the
property as person A's own to dispose of regardless of person B's
rights only if the borrowing or lending is for a period and in
circumstances making it equivalent to an outright taking or disposal.
(3) Without limiting this section, person A parting with property
amounts to person A treating the property as person A's own to
dispose of regardless of person B's rights if:
(a) person A has possession or control (lawfully or not) of
property belonging to person B; and
(b) person A parts with the property under a condition about its
return that person A may not be able to carry out; and
(c) the parting is done for person A's own purposes and without
person B's authority.
(4) This section does not limit the circumstances in which a person can
be taken to have the intention of permanently depriving someone
else of property.
Criminal Code Act 1983 222
228AH Obtaining property by deception
(a) the person engages in deception; and
with the intention of permanently depriving another person of
property; and
(c) the conduct mentioned in paragraph (a) results in the person
obtaining the property belonging to the other person and the
person intended that result; and
(3) For this section, a person who obtains the property of another
person may be dishonest even if they are willing to pay for the
property means all real or personal property, including the
(a) money;
(b) things in action or other intangible property;
(c) electricity;
(d) a wild creature that is tamed or ordinarily kept in captivity or
that is reduced or is being reduced into the possession of a
(e) any organ or part of a human body and any blood, ova, semen
or other substance extracted from the human body.
Criminal Code Act 1983 223
228AI Transfers of money etc.
(1) This section applies in relation to section 228AH.
(2) If a person (person A) causes an amount to be transferred from an
account held by someone else (person B) to an account held by
person A:
(a) the amount is taken to be property that belongs to person B;
and
(b) person A is taken to have obtained the property for person A
with the intention of permanently depriving person B of the
(3) If a person (person A) causes an amount to be transferred from an
account held by someone else (person B) to an account held by a
third person (person C):
(a) the amount is taken to be property that belongs to person B;
and
(b) person A is taken to have obtained the property for person C
with the intention of permanently depriving person B of the
(4) An amount is transferred from an account (account 1) to another
account (account 2) if:
(a) a credit is made to account 2; and
(b) a debit is made to account 1; and
(c) the credit results from the debit or the debit results from the
credit.
(5) A person causes an amount to be transferred from an account if the
person induces someone else to transfer the amount from the
account (whether or not the other person is the account holder).
228AJ General deficiency
A person may be found guilty of the offence of obtaining property by
deception in relation to all or any part of a general deficiency in
money or other property even though the deficiency is made up of a
number of particular amounts of money or items of other property
that were obtained over a period of time.
Criminal Code Act 1983 224
228AK Obtaining financial advantage by deception
(a) the person intentionally engages in deception; and
(b) the conduct mentioned in paragraph (a) results in the person
obtaining a financial advantage from another person and the
person intended that result; and
Note for paragraph (c)
228AL Dishonestly intending to obtain gain from Territory
with the intention of obtaining a gain from another person; and
228AM Dishonestly intending to cause loss for Territory
with the intention of causing a loss to another person; and
Criminal Code Act 1983 225
228AN Dishonestly causing loss or risk of loss for Territory
(b) the conduct results in a loss, or a risk of loss, to another
person and the person knows the loss will happen or knows
there is a substantial risk of the loss happening; and
(2) Absolute liability applies to subsection (1)(d).
228AO Blackmail and extortion
(a) the person makes a demand with a menace of another
with the intention of:
(i) obtaining a gain from the other person or a third person;
or
(ii) causing the other person or a third person a loss; or
Criminal Code Act 1983 226
(iii) influencing the other person or a third person in the
exercise of their public duty; and
(c) there are no reasonable grounds for the demand; and
(d) the use of the menace is not a proper means of enforcing the
demand.
(3) Strict liability applies to subsection (1)(c) and (d).
public duty means a duty of a public officer.
Note for Division 2A
Under section 28C of the Local Court (Civil Procedure) Act 1989 and Part 5,
Division 1AA of the Sentencing Act 1995 a certificate may be issued to a victim of
an offence against section 228C, 228D or 228E. The certificate may assist the
victim to deal with any problems caused by the commission of the offence in
relation to the victim's personal or business affairs. Under the Local Court (Civil
Procedure) Act 1989, the certificate may be issued whether or not any criminal
proceedings have been or can be taken against a person in relation to the
offence or are pending.