Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.2 - Theft and other property offences  

Division 131 - Theft  

SECTION 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) .




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