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)](#GS38A@Gs1@EN) ***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)](#GS38A@Gs1@EN) 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.