Criminal Code Act 1995 (Australia, unsourced)/Chapter 7/7.1

by Commonwealth of Australia

Part 7.1—Preliminary

Division 130—Preliminary

130.1 Definitions

In this Chapter:

duty:

(a) in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that:

(i) is conferred on the person as a Commonwealth public official; or

(ii) the person holds himself or herself out as having as a Commonwealth public official; and

(b) in relation to a person who is a public official—means any authority, duty, function or power that:

(i) is conferred on the person as a public official; or

(ii) the person holds himself or herself out as having as a public official.

gain means:

(a) a gain in property, whether temporary or permanent; or

(b) a gain by way of the supply of services;

and includes keeping what one has.

loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.

obtaining includes:

(a) obtaining for another person; and

(b) inducing a third person to do something that results in another person obtaining.

property includes:

(a) real property; and

(b) personal property; and

(c) money; and

(d) a thing in action or other intangible property; and

(e) electricity; and

(f) a wild creature that is:

(i) tamed; or

(ii) ordinarily kept in captivity; or

(iii) reduced (or in the course of being reduced) into the possession of a person.

services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities, but does not include rights or benefits being the supply of goods.

supply includes:

(a) in relation to goods—supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and

(b) in relation to services—provide, grant or confer.

Note: The expression person includes a Commonwealth entity. This is the combined effect of paragraph 22(1)(a) of the Acts Interpretation Act 1901 (which provides that person includes a body politic or corporate), and the definition of person in the Dictionary.

130.2 When property belongs to a person

(1) For the purposes of this Chapter, property belongs to a person if, and only if:

(a) the person has possession or control of the property; or

(b) the person has a proprietary right or interest in the property, other than an equitable interest arising only from:

(i) an agreement to transfer an interest; or

(ii) an agreement to grant an interest; or

(iii) a constructive trust.

(2) Subsection (1) has effect subject to subsections 134.1(9) and (10) (which deal with money transfers).

130.3 Dishonesty

For the purposes of this Chapter, dishonest means:

(a) dishonest according to the standards of ordinary people; and

(b) known by the defendant to be dishonest according to the standards of ordinary people.

Note: The following provisions affect the meaning of dishonesty:

(a) section 131.2 (theft);

(b) section 134.1 (obtaining property by deception).

130.4 Determination of dishonesty to be a matter for the trier of fact

In a prosecution for an offence against this Chapter, the determination of dishonesty is a matter for the trier of fact.