Commonwealth: Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (Cth)

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 Act No. 137 of 2000 as amended This compilation was prepared on 5 April 2006 [This Act was amended by Act No. 63 of 2002; No. 9 of 2006] Amendments from Act No. 63 of 2002 [Schedule 2 (item 7) amended item 185 of Schedule 2 Schedule 2 (item 7) commenced immediately after 24 May 2001] Amendment from Act No. 9 of 2006 [Schedule 2 (item 16) amended item 277 of Schedule 2 Schedule 2 (item 16) commenced immediately after 24 May 2001] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendment of the Criminal Code Act 1995 Schedule 2—Amendment of other laws Part 1—Amendments Aboriginal and Torres Strait Islander Commission Act 1989 Aboriginal Councils and Associations Act 1976 Aboriginal Land Rights (Northern Territory) Act 1976 Aged Care Act 1997 Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 Agricultural and Veterinary Chemicals (Administration) Act 1992 Air Navigation Regulations 1947 Airports Act 1996 Antarctic Treaty (Environment Protection) Act 1980 Auditor‑General Act 1997 Australian Citizenship Act 1948 Australian Federal Police Act 1979 Australian Film Commission Act 1975 Australian Horticultural Corporation (Export Control) Regulations Australian Horticultural Corporation (Honey Export Control) Regulations Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 Australian Protective Service Act 1987 Australian Security Intelligence Organisation Act 1979 Australian Trade Commission Act 1985 Bankruptcy Act 1966 Bounty and Capitalisation Grants (Textile Yarns) Act 1981 Bounty (Bed Sheeting) Act 1977 Bounty (Books) Act 1986 Bounty (Citric Acid) Act 1991 Bounty (Computers) Act 1984 Bounty (Fuel Ethanol) Act 1994 Bounty (Machine Tools and Robots) Act 1985 Bounty (Photographic Film) Act 1989 Bounty (Ships) Act 1989 Broadcasting Services Act 1992 Civil Aviation Act 1988 Civil Aviation Regulations 1988 Coal Excise Act 1949 Coal Industry Act 1946 Commonwealth Electoral Act 1918 Commonwealth Inscribed Stock Act 1911 Commonwealth Places (Application of Laws) Act 1970 Complaints (Australian Federal Police) Act 1981 Crimes Act 1914 Customs Act 1901 Dairy Produce Act 1986 Defence Act 1903 Defence (Special Undertakings) Act 1952 Diplomatic and Consular Missions Act 1978 Disability Discrimination Act 1992 Distillation Act 1901 Environment Protection (Alligator Rivers Region) Act 1978 Excise Act 1901 Export Control Act 1982 Export Expansion Grants Act 1978 Export Inspection and Meat Charges Collection Act 1985 Export Market Development Grants Act 1997 Farm Household Support Act 1992 Financial Management and Accountability Act 1997 Financial Sector (Shareholdings) Act 1998 First Home Owners Act 1983 Fisheries Management Act 1991 Foreign Acquisitions and Takeovers Act 1975 Great Barrier Reef Marine Park Act 1975 Great Barrier Reef Marine Park Regulations Hazardous Waste (Regulation of Exports and Imports) Act 1989 Health Insurance Act 1973 Health Insurance Commission Act 1973 Historic Shipwrecks Act 1976 Home Deposit Assistance Act 1982 Homes Savings Grant Act 1976 Human Rights and Equal Opportunity Commission Act 1986 Immigration (Guardianship of Children) Act 1946 Imported Food Control Act 1992 Income Tax Assessment Act 1936 Industrial Chemicals (Notification and Assessment) Act 1989 Industrial Research and Development Incentives Act 1976 Industry Research and Development Act 1986 Inspector‑General of Intelligence and Security Act 1986 Insurance Acquisitions and Takeovers Act 1991 Insurance Act 1973 Insurance (Agents and Brokers) Act 1984 Interstate Road Transport Act 1985 Life Insurance Act 1995 Marriage Act 1961 Meat Export Charge Collection Act 1984 Meat Inspection Act 1983 Migration Act 1958 Motor Vehicle Standards Act 1989 National Health Act 1953 National Occupational Health and Safety Commission Act 1985 Native Title Act 1993 Navigation Act 1912 Northern Territory (Self‑Government) Act 1978 Nuclear Non‑Proliferation (Safeguards) Act 1987 Occupational Health and Safety (Commonwealth Employment) Act 1991 Occupational Health and Safety (Maritime Industry) Act 1993 Offshore Minerals Act 1994 Ombudsman Act 1976 Passenger Movement Charge Collection Act 1978 Passports Act 1938 Petroleum Excise (Prices) Act 1987 Pooled Development Funds Act 1992 Prawn Export Promotion Act 1995 Prices Surveillance Act 1983 Primary Industries Levies and Charges Collection Act 1991 Proceeds of Crime Act 1987 Protection of Movable Cultural Heritage Act 1986 Public Lending Right Act 1985 Public Service Act 1999 Quarantine Act 1908 Racial Discrimination Act 1975 Radiocommunications Act 1992 Resource Assessment Commission Act 1989 Retirement Savings Accounts Act 1997 Seat of Government (Administration) Act 1910 Secret Commissions Act 1905 Sex Discrimination Act 1984 Ships (Capital Grants) Act 1987 Spirits Act 1906 Stevedoring Industry Levy Collection Act 1977 Student Assistance Act 1973 Superannuation Act 1976 Superannuation Industry (Supervision) Act 1993 Sydney Airport Demand Management Act 1997 Taxation Administration Act 1953 Telecommunications (Interception) Act 1979 Torres Strait Fisheries Act 1984 Veterans' Entitlements Act 1986 Wool Tax (Administration) Act 1964 Workplace Relations Act 1996 Part 2—Transitional provisions An Act to amend the Criminal Code Act 1995, and for other purposes [Assented to 24 November 2000] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000. 2 Commencement (1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent: (a) sections 1, 2 and 3; (b) items 1, 4, 6, 7, 9, 10, 11 and 32 of Schedule 1. (2) Subject to this section, the provisions of this Act that are not covered by subsection (1) commence on a day to be fixed by Proclamation. (3) If item 15 of Schedule 1 to this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the provisions of this Act that are not covered by subsection (1) commence on the first day after the end of that period. This subsection has effect subject to the following subsections of this section. (5) If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act 2000 commences before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 2 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986. (9) If the Superannuation Act 1976 is repealed before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Superannuation Act 1976 contained in Schedule 2 to this Act were amendments of the Superannuation Act 1976 as that Act continues to apply under subsection 11(1) of the Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Act 2000. 3 Schedule(s) (1) Subject to section 2, each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General. Schedule 1—Amendment of the Criminal Code Act 1995 1A Section 3B Omit "An installation", substitute "Unless the contrary intention appears, an installation". 1 After section 4 Insert: 5 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 2 The Schedule (section 3.2 of the Criminal Code, note) Omit "Note", substitute "Note 1". 3 The Schedule (at the end of section 3.2 of the Criminal Code) Add: Note 2: See Part 2.7 on geographical jurisdiction. 4 The Schedule (subsection 4.1(2) of the Criminal Code) Insert: engage in conduct means: (a) do an act; or (b) omit to perform an act. 5 The Schedule (section 5.1 of the Criminal Code, example) Repeal the example. 6 The Schedule (section 5.6 of the Criminal Code) Omit "of an offence" (wherever occurring). 7 The Schedule (at the end of Part 2.3 of the Criminal Code) Add: 10.5 Lawful authority A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law. 7A After subsection 11.1(3) Insert: (3A) Subsection (3) has effect subject to subsection (6A). 7B After subsection 11.1(6) Insert: (6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence. 8 The Schedule (subsection 11.1(7) of the Criminal Code) Omit "or section 11.5 (conspiracy)", substitute ", section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud)". 8A After subsection 11.2(3) Insert: (3A) Subsection (3) has effect subject to subsection (6). 8B At the end of section 11.2 Add: (6) Any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling or procuring the commission of that offence. 8C After subsection 11.4(2) Insert: (2A) Subsection (2) has effect subject to subsection (4A). 8D After subsection 11.4(4) Insert: (4A) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence. 8E After subsection 11.5(2) Insert: (2A) Subsection (2) has effect subject to subsection (7A). 8F After subsection 11.5(7) Insert: (7A) Any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit that offence. 9 The Schedule (subsection 11.6(1) of the Criminal Code) Omit "an Act to an offence against an Act", substitute "a law of the Commonwealth to an offence against a law of the Commonwealth". 10 The Schedule (subsections 11.6(2) and (3) of the Criminal Code) Omit "an Act", substitute "a law of the Commonwealth". 11 The Schedule (at the end of section 11.6 of the Criminal Code (before the note)) Add: (4) In particular, an express reference in a law of the Commonwealth to: (a) an offence against, under or created by the Crimes Act 1914; or (b) an offence against, under or created by a particular provision of the Crimes Act 1914; or (c) an offence arising out of the first‑mentioned law or another law of the Commonwealth; or (d) an offence arising out of a particular provision; or (e) an offence against, under or created by the Taxation Administration Act 1953; does not mean that the first‑mentioned law is impliedly to the contrary effect. 12 The Schedule (after Part 2.6 of the Criminal Code) Insert: Part 2.7—Geographical jurisdiction Division 14—Standard geographical jurisdiction 14.1 Standard geographical jurisdiction (1) This section may apply to a particular offence in either of the following ways: (a) unless the contrary intention appears, this section applies to the following offences: (i) a primary offence, where the provision creating the offence commences at or after the commencement of this section; (ii) an ancillary offence, to the extent to which it relates to a primary offence covered by subparagraph (i); (b) if a law of the Commonwealth provides that this section applies to a particular offence—this section applies to that offence. Note: In the case of paragraph (b), the expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). (2) If this section applies to a particular offence, a person does not commit the offence unless: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) all of the following conditions are satisfied: (i) the alleged offence is an ancillary offence; (ii) the conduct constituting the alleged offence occurs wholly outside Australia; (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Defence—primary offence (3) If this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3). (4) For the purposes of the application of subsection 13.3(3) to an offence, subsection (3) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (5) If this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3). (6) For the purposes of the application of subsection 13.3(3) to an offence, subsection (5) of this section is taken to be an exception provided by the law creating the offence. Division 15—Extended geographical jurisdiction 15.1 Extended geographical jurisdiction—category A (1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) the conduct constituting the alleged offence occurs wholly outside Australia and: (i) at the time of the alleged offence, the person is an Australian citizen; or (ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or (d) all of the following conditions are satisfied: (i) the alleged offence is an ancillary offence; (ii) the conduct constituting the alleged offence occurs wholly outside Australia; (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Defence—primary offence (2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (c) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3). (3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (e) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3). (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence. 15.2 Extended geographical jurisdiction—category B (1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) the conduct constituting the alleged offence occurs wholly outside Australia and: (i) at the time of the alleged offence, the person is an Australian citizen; or (ii) at the time of the alleged offence, the person is a resident of Australia; or (iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or (d) all of the following conditions are satisfied: (i) the alleged offence is an ancillary offence; (ii) the conduct constituting the alleged offence occurs wholly outside Australia; (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Defence—primary offence (2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (c) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3). (3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (e) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3). (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence. 15.3 Extended geographical jurisdiction—category C (1) If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies: (a) whether or not the conduct constituting the alleged offence occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Defence—primary offence (2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (c) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3). (3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (e) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3). (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence. 15.4 Extended geographical jurisdiction—category D If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies: (a) whether or not the conduct constituting the alleged offence occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Division 16—Miscellaneous 16.1 Attorney‑General's consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances (1) Proceedings for an offence must not be commenced without the Attorney‑General's written consent if: (a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country; and (c) at the time of the alleged offence, the person alleged to have committed the offence is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory. (2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence before the necessary consent has been given. 16.2 When conduct taken to occur partly in Australia Sending things (1) For the purposes of this Part, if a person sends a thing, or causes a thing to be sent: (a) from a point outside Australia to a point in Australia; or (b) from a point in Australia to a point outside Australia; that conduct is taken to have occurred partly in Australia. Sending electronic communications (2) For the purposes of this Part, if a person sends, or causes to be sent, an electronic communication: (a) from a point outside Australia to a point in Australia; or (b) from a point in Australia to a point outside Australia; that conduct is taken to have occurred partly in Australia. Point (3) For the purposes of this section, point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else. 16.3 Meaning of Australia (1) For the purposes of the application of this Part to a particular primary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence. (2) For the purposes of the application of this Part to a particular ancillary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence to which the ancillary offence relates. (3) For the purposes of this Part, if a provision creating an offence extends to an external Territory, it is to be assumed that if the expression Australia were used in a geographical sense in that provision, that expression would include that external Territory. (4) This section does not affect the meaning of the expressions Australian aircraft, Australian citizen or Australian ship. 16.4 Result of conduct A reference in this Part to a result of conduct constituting an offence is a reference to a result that is a physical element of the offence (within the meaning of subsection 4.1(1)). 13 The Schedule (section 70.1 of the Criminal Code, definition of foreign country) Repeal the definition. 14 The Schedule (subsection 70.5(4) of the Criminal Code) Repeal the subsection. 15 The Schedule (before Chapter 8 of the Criminal Code) Insert: Chapter 7—The proper administration of Government 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. Part 7.2—Theft and other property offences Division 131—Theft 131.1 Theft (1) A person is guilty of an offence if: (a) the person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property; and (b) the property belongs to a Commonwealth entity. Penalty: Imprisonment for 10 years. (2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of theft. (3) Absolute liability applies to the paragraph (1)(b) element of the offence of theft. (4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1). Note: For alternative verdicts, see sections 132.1 and 134.1. 131.2 Special rules about the meaning of dishonesty (1) For the purposes of this Division, a person's appropriation of property belonging to another is taken not to be dishonest if the person appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. (2) However, the rule in subsection (1) does not apply if the person appropriating the property held it as trustee or personal representative. (3) For the purposes of this Division, a person's appropriation of property belonging to another may be dishonest even if the person or another person is willing to pay for the property. 131.3 Appropriation of property (1) For the purposes of this Division, any assumption of the rights of an owner to ownership, possession or control of property, without the consent of the person to whom it belongs, amounts to an appropriation of the property. This includes, in a case where a person has come by property (innocently or not) without committing theft, any later such assumption of rights without consent by keeping or dealing with it as owner. (2) For the purposes of this Division, if property, or a right or interest in property, is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights which the person had believed himself or herself to be acquiring does not, because of any defect in the transferor's title, amount to an appropriation of the property. 131.4 Theft of land or things forming part of land (1) For the purposes of this Division, a person cannot commit theft of land, except in the following cases: (a) the case where the person appropriates anything forming part of the land by severing it or causing it to be severed; (b) the case where: (i) the person is a trustee or personal representative, or is authorised (by power of attorney, as liquidator of a company or otherwise) to sell or dispose of land belonging to another; and (ii) the person appropriates the land, or anything forming part of it, by dealing with it in breach of the confidence reposed in the person. (2) For the purposes of this section, land does not include incorporeal hereditaments. 131.5 Trust property (1) For the purposes of this Division, if property is subject to a trust, the persons to whom the property belongs include any person who has a right to enforce the trust. (2) Accordingly, for the purposes of this Division, an intention to defeat the trust is an intention to deprive any such person of the property. 131.6 Obligation to deal with property in a particular way For the purposes of this Division, if: (a) a person receives property from or on account of another; and (b) the person is under a legal obligation to the other to retain and deal with that property or its proceeds in a particular way; the property or proceeds belong (as against the person) to the other. 131.7 Property obtained because of fundamental mistake (1) For the purposes of this Division, if: (a) a person gets property by another's fundamental mistake; and (b) the person is under a legal obligation to make restoration (in whole or in part) of the property or its proceeds; then, to the extent of that obligation, the property or proceeds belongs (as against the person) to the person entitled to restoration. (2) For the purposes of this Division, an intention not to make restoration is: (a) an intention to permanently deprive the person so entitled of the property or proceeds; and (b) an appropriation of the property or proceeds without the consent of the person entitled to restoration. (3) For the purposes of this section, a fundamental mistake is: (a) a mistake about the identity of the person getting the property; or (b) a mistake as to the essential nature of the property; or (c) a mistake about the amount of any money if the person getting the money is aware of the mistake at the time of getting the money. (4) In this section: money includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money. 131.8 Property of a corporation sole For the purposes of this Division, property of a corporation sole belongs to the corporation despite a vacancy in the corporation. 131.9 Property belonging to 2 or more persons If property belongs to 2 or more persons, a reference in this Division (other than paragraph 131.1(1)(b)) to the person to whom the property belongs is a reference to all of those persons. 131.10 Intention of permanently depriving a person of property (1) For the purposes of this Division, if: (a) a person appropriates property belonging to another without meaning the other permanently to lose the thing itself; and (b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights; the person has the intention of permanently depriving the other of it. (2) For the purposes of this section, a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. (3) For the purposes of this section, if: (a) a person has possession or control (lawfully or not) of property belonging to another; and (b) the person parts with the property under a condition as to its return that the person may not be able to perform; and (c) the parting is done for purposes of the person's own and without the other's authority; the parting is taken to amount to treating the property as the person's own to dispose of regardless of the other's rights. Note: See also paragraph 131.7(2)(a). 131.11 General deficiency (1) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in money even though the deficiency is made up of any number of particular sums of money that were appropriated over a period of time. (2) For the purposes of this Division, a person may be convicted of theft of all or any part of a general deficiency in property other than money even though the deficiency is made up of any number of particular items of property that were appropriated over a period of time. Division 132—Other property offences 132.1 Receiving (1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen. Penalty: Imprisonment for 10 years. (2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of receiving. (2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew or believed that the property belonged to a Commonwealth entity. Stolen property (3) For the purposes of this section, property is stolen property if, and only if: (a) it is original stolen property (as defined by subsection (5)); or (aa) it is previously received property (as defined by subsection (5A)); or (b) it is tainted property (as defined by subsection (7)). This subsection has effect subject to subsections (4) and (6). (4) For the purposes of this section, stolen property does not include land obtained in the course of an offence against section 134.1. Original stolen property (5) For the purposes of this section, original stolen property is: (a) property, or a part of property, that: (i) was appropriated in the course of theft (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and (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 is guilty of 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 is guilty of 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 is guilty of 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 is guilty of 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 is guilty of 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 is guilty of 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 is guilty of 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 is guilty of 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 (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 is guilty of 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 is guilty of 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. 132.9 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 134.1 Obtaining property by deception (1) A person is guilty of an offence if: (a) the person, by a deception, dishonestly obtains property belonging to another with the intention of permanently depriving the other of the property; and (b) the property belongs to a Commonwealth entity. Penalty: Imprisonment for 10 years. (2) Absolute liability applies to the paragraph (1)(b) element of the offence. Obtaining property (3) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person (the first person) is taken to have obtained property if, and only if: (a) the first person obtains ownership, possession or control of it for himself or herself or for another person; or (b) the first person enables ownership, possession or control of it to be retained by himself or herself; or (c) the first person induces a third person to pass ownership, possession or control of it to another person; or (d) the first person induces a third person to enable another person to retain ownership, possession or control of it; or (e) subsection (9) or (10) applies. (4) The definition of obtaining in section 130.1 does not apply for the purposes of this section (or for the purposes of the application of section 132.1 to this section). (5) For the purposes of this section, a person's obtaining of property belonging to another may be dishonest even if the person or another person is willing to pay for the property. Intention of permanently depriving a person of property (6) For the purposes of this section, if: (a) a person obtains property belonging to another without meaning the other permanently to lose the thing itself; and (b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights; the person has the intention of permanently depriving the other of it. (7) For the purposes of subsection (6), a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. (8) For the purposes of subsection (6), if: (a) a person has possession or control (lawfully or not) of property belonging to another; and (b) the person parts with the property under a condition as to its return that the person may not be able to perform; and (c) the parting is done for purposes of the person's own and without the other's authority; the parting is taken to amount to treating the property as the person's own to dispose of regardless of the other's rights. Money transfers (9) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by the first person: (a) the amount is taken to have been property that belonged to the second person; and (b) the first person is taken to have obtained the property for himself or herself with the intention of permanently depriving the second person of the property. (10) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by a third person: (a) the amount is taken to have been property that belonged to the second person; and (b) the first person is taken to have obtained the property for the third person with the intention of permanently depriving the second person of the property. (11) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if: (a) a credit is made to an account (the credited account); and (b) a debit is made to another account (the debited account); and (c) either: (i) the credit results from the debit; or (ii) the debit results from the credit; the amount of the credit is taken to be transferred from the debited account to the credited account. (12) For the purposes of t