38AMaking off without payment

38A Making off without payment

[Section 38A Inserted by No. 44 of 1990, s. 225 and Sched. 3 ]

(1)  A person who knows that payment on the spot for goods supplied or services done is required from that person shall not dishonestly make off without having paid as expected.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months.

(2)  For the purposes of subsection (1) payment on the spot includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3)  Subsection (1) does not apply –

(a) if the supply of the goods or the doing of the service was contrary to law; or

(b) if the service done is such that payment is not legally enforceable.

(4)  Any person may arrest without warrant anyone who is, or whom that person, with reasonable cause, suspects to be, committing or attempting to commit an offence under this section.