(ii) is in the possession or custody of the person who so appropriated the property; or
(b) property, or a part of property, that:
(i) was obtained in the course of an offence against section 134.1 (whether or not the property, or the part of the property, is in the state it was in when it was so obtained); and
(ii) is in the possession or custody of the person who so obtained the property or the person for whom the property was so obtained.
Previously received property
(5A) For the purposes of this section, previously received property is property that:
(a) was received in the course of an offence against subsection (1); and
(b) is in the possession or custody of the person who received the property in the course of that offence.
(6) For the purposes of this section, property ceases to be original stolen property or previously received property:
(a) after the property is restored:
(i) to the person from whom it was appropriated or obtained; or
(ii) to other lawful possession or custody; or
(b) after:
(i) the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property; or
(ii) a person claiming through the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property.
Tainted property
(7) For the purposes of this section, tainted property is property that:
(a) is (in whole or in part) the proceeds of sale of, or property exchanged for:
(i) original stolen property; or
(ii) previously received property; and
(b) if subparagraph (a)(i) applies—is in the possession or custody of:
(i) if the original stolen property was appropriated in the course of theft—the person who so appropriated the original stolen property; or
(ii) if the original stolen property was obtained in the course of an offence against section 134.1—the person who so obtained the property or the person for whom the property was so obtained; and
(c) if subparagraph (a)(ii) applies—is in the possession or custody of the person who received the previously received property in the course of an offence against subsection (1).
Money transfers
(8) For the purposes of this section, if, as a result of the application of subsection 134.1(9) or (10), an amount credited to an account held by a person is property obtained in the course of an offence against section 134.1:
(a) while the whole or any part of the amount remains credited to the account, the property is taken to be in the possession of the person; and
(b) if the person fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled—the person is taken to have received the property; and
(c) subsection (6) of this section does not apply to the property.
Note: Subsections 134.1(9) and (10) deal with money transfers.
Alternative verdicts
(9) If, in a prosecution for an offence of theft or an offence against section 134.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of receiving, the trier of fact may find the defendant not guilty of the offence of theft or the section 134.1 offence but guilty of the offence of receiving, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(10) If, in a prosecution for an offence of receiving, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft or an offence against section 134.1, the trier of fact may find the defendant not guilty of the offence of receiving but guilty of the offence of theft or the section 134.1 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Receiving property stolen before commencement
(11) For the purposes of this section:
(a) it is to be assumed that sections 131.1 and 134.1 had been in force at all times before the commencement of this section; and
(b) property that was appropriated or obtained at a time before the commencement of this section does not become original stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.
Obtaining
(12) The definition of obtaining in section 130.1 does not apply to this section.
Note: See subsection 134.1(3).
Definition
(13) In this section:
account has the same meaning as in section 133.1.
132.2 Robbery
(1) A person commits an offence if the person commits theft and:
(a) immediately before committing theft, the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person;
with intent to commit theft or to escape from the scene; or
(b) at the time of committing theft, or immediately after committing theft, the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person;
with intent to commit theft or to escape from the scene.
Penalty: Imprisonment for 15 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of robbery.
Note: Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
132.3 Aggravated robbery
(1) A person commits an offence if the person:
(a) commits a robbery in company with one or more other persons; or
(b) commits a robbery and, at the time of the robbery, has an offensive weapon with him or her.
Penalty: Imprisonment for 20 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated robbery.
Note: Robbery means an offence against section 132.2. Under section 132.2, an element of the offence of robbery is that the defendant commits theft. Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) In this section:
offensive weapon includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
132.4 Burglary
(1) A person commits an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of burglary.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) A person commits an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.
Penalty: Imprisonment for 13 years.
(3A) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is an offence against a law of the Commonwealth.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5) For the purposes of this Code, an offence against subsection (3) is also to be known as the offence of burglary.
(6) A person commits an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth, a State or a Territory; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more; and
(c) the building is owned or occupied by a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(6A) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is an offence against a law of the Commonwealth, a State or a Territory.
(7) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(8) Absolute liability applies to the paragraph (6)(c) element of the offence.
(9) For the purposes of this Code, an offence against subsection (6) is also to be known as the offence of burglary.
(10) For the purposes of this section, a person is taken not to be a trespasser:
(a) merely because the person is permitted to enter, or remain in, a building for a purpose that is not the person’s intended purpose; or
(b) if the person is permitted to enter, or remain in, a building as a result of fraud, misrepresentation or another person’s mistake.
(12) In this section:
building includes:
(a) a part of a building; or
(b) a mobile home or a caravan; or
(c) a structure (whether or not movable), a vehicle, or a vessel, that is used, designed or adapted for residential purposes.
132.5 Aggravated burglary
(1) A person commits an offence if the person:
(a) commits a burglary in company with one or more other persons; or
(b) commits a burglary, and at the time of the burglary, has an offensive weapon with him or her.
Penalty: Imprisonment for 17 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated burglary.
(3) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(1), it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(4) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(3), it is not necessary to prove that:
(a) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or
(b) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5) In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(6), it is not necessary to prove that:
(a) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
(b) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or
(c) the defendant knew that the building was owned or occupied by a Commonwealth entity.
(6) In this section:
offensive weapon includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
132.6 Making off without payment
(1) A person commits an offence if:
(a) the person, knowing that immediate payment for any goods or services supplied by another person is required or expected from him or her, dishonestly makes off:
(i) without having paid; and
(ii) with intent to avoid payment of the amount due; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 2 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
(3) For the purposes of this section, immediate payment includes payment at the time of collecting goods in respect of which a service has been provided.
132.7 Going equipped for theft or a property offence
(1) A person commits an offence if the person, when not at home, has with him or her any article with intent to use it in the course of, or in connection with, theft or a property offence.
Penalty: Imprisonment for 3 years.
(2) In a prosecution for an offence against subsection (1) in relation to:
(a) theft; or
(b) robbery; or
(c) aggravated robbery; or
(d) the offence of burglary created by subsection 132.4(1); or
(e) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(1); or
(f) an offence against section 134.1;
it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1) in relation to:
(a) the offence of burglary created by subsection 132.4(3); or
(b) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(3);
it is not necessary to prove that:
(c) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or
(d) the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(4) In a prosecution for an offence against subsection (1) in relation to:
(a) the offence of burglary created by subsection 132.4(6); or
(b) the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(6);
it is not necessary to prove that:
(c) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
(d) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or
(e) the defendant knew that the building was owned or occupied by a Commonwealth entity.
(5) In this section:
property offence means:
(a) robbery; or
(b) aggravated robbery; or
(c) burglary; or
(d) aggravated burglary; or
(e) an offence against subsection 132.8(1) or 132.8A(1); or
(f) an offence against section 134.1.
Note: It is an element of the offence of theft, and of each property offence, that the property belongs to a Commonwealth entity.
132.8 Dishonest taking or retention of property
Taking
(1) A person commits an offence if the person:
(a) on a particular occasion, dishonestly takes one or more items of property belonging to a Commonwealth entity, where:
(i) the value or total value of the property is $500 or more; or
(ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control would be likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity; and
(b) does not have consent to do so from the person who has authority to give consent.
Penalty: Imprisonment for 2 years.
Retention
(2) A person commits an offence if the person:
(a) on a particular occasion, takes one or more items of property belonging to a Commonwealth entity; and
(b) dishonestly retains any or all of those items; and
(c) does not have consent to the retention from the person who has authority to give consent; and
(d) either:
(i) at the time of the taking of the property, the value or total value of the property was $500 or more; or
(ii) the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control is likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity.
Penalty: Imprisonment for 2 years.
132.8A Damaging Commonwealth property
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in damage to, or the destruction of, property; and
(c) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to paragraph (1)(c).
132.9 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Part 7.3—Fraudulent conduct
Division 133—Preliminary
133.1 Definitions
In this Part:
account means an account (including a loan account, a credit card account or a similar account) with a bank or other financial institution.
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
(a) a deception as to the intentions of the person using the deception or any other person; 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.
Division 134—Obtaining property or a financial advantage by deception