Div 5ADishonest communication with children

Division 5A—Dishonest communication with children 139A—Dishonest communication with children (1) A person of or over the age of 18 years who— (a) knowingly communicates with a person under the age of 17 years or a person they believe is under the age of 17 years (the victim); and (b) makes a false representation in such communication that— (i) the person is younger than they are; or (ii) the person is someone other than who they are; and (c) meets or arranges to meet with the victim, (2) A person of or over the age of 18 years who— (a) knowingly communicates with a person under the age of 17 years or a person they believe is under the age of 17 years (the victim); and (b) makes a false representation in such communication that— (i) the person is younger than they are; or (ii) the person is someone other than who they are, with intent to commit an offence against the victim is guilty of an offence. (3) For the purposes of this section, it does not matter that the victim is a fictitious person represented to the defendant as a real person. Division 6—Dishonest dealings with documents 140—Dishonest dealings with documents (1) For the purposes of this section, a document is false if the document gives a misleading impression about— (a) the nature, validity or effect of the document; or (b) any fact (such as, for example, the identity, capacity or official position of an apparent signatory to the document) on which its validity or effect may be dependent; or (c) the existence or terms of a transaction to which the document appears to relate. (2) A document that is a true copy of a document that is false under the criteria prescribed by subsection (1) is also false. (3) A person engages in conduct to which this section applies if the person— (a) creates a document that is false; or (b) falsifies a document; or (c) has possession of a document knowing it to be false; or (d) produces, publishes or uses a document knowing it to be false; or (e) destroys, conceals or suppresses a document. (4) A person is guilty of an offence if the person dishonestly engages in conduct to which this section applies intending— (a) one of the following: (i) to deceive another, or people generally, or to facilitate deception of another, or people generally, by someone else; (ii) to exploit the ignorance of another, or the ignorance of people generally, about the true state of affairs; (iii) to manipulate a machine or to facilitate manipulation of a machine by someone else; and (b) by that means— (i) to benefit him/herself or another; or (ii) to cause a detriment to another. (5) A person cannot be convicted of an offence against subsection (4) on the basis that the person has concealed or suppressed a document unless it is established that— (a) the person has taken some positive step to conceal or suppress the document; or (b) the person was under a duty to reveal the existence of the document and failed to comply with that duty; or (c) the person, knowing of the existence of the document, has responded dishonestly to inquiries directed at finding out whether the document, or a document of the relevant kind, exists. (6) A person who has, in his or her possession, without lawful excuse, any article for creating a false document or for falsifying a document is guilty of an offence. Division 7—Dishonest manipulation of machines 141—Dishonest manipulation of machines (1) A person who dishonestly manipulates a machine in order to— (b) cause a detriment to another, (2) A person who dishonestly takes advantage of the malfunction of a machine in order to— (b) cause a detriment to another, Division 8—Dishonest exploitation of advantage 142—Dishonest exploitation of position of advantage (1) This section applies to the following advantages: (a) the advantage that a person who has no disability or is not so severely disabled has over a person who is subject to a mental or physical disability1; (b) the advantage that one person has over another where they are both in a particular situation and one is familiar with local conditions while the other is not2. (2) A person is guilty of an offence if the person dishonestly exploits an advantage to which this section applies in order to— (b) cause a detriment to another. 1 Compare R v Hinks [2000] 4 All ER 833. 2 Compare R v Lawrence [1972] AC 626. Division 9—Miscellaneous offences of dishonesty 143—Dishonest interference with merchandise A person who dishonestly interferes with merchandise, or a label attached to merchandise, so that the person or someone else can get the merchandise at a reduced price is guilty of an offence1. 1 Compare R v Morris [1984] AC 320. 144—Making off without payment (1) A person who, knowing that payment for goods or services is required or expected, dishonestly makes off intending to avoid payment is guilty of an offence. (2) This section does not apply if the transaction for the supply of the goods or services is— (a) unlawful; or (b) unenforceable as contrary to public policy.