Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 7.2 - Theft and other property offences  

Division 131 - Theft  

SECTION 131.7   Property obtained because of fundamental mistake  

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, its proceeds or value;

then, to the extent of that obligation, the property or proceeds belongs (as against the person) to the person entitled to restoration.

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.

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.

In this section:

includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.

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