Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.9 - Accounting records  

Division 490 - False dealing with accounting documents  

SECTION 490.7   490.7   Saving of other laws  


This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

Dictionary  

ABN
(short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .

accounting document
means:


(a) any account; or


(b) any record or document made or required for any accounting purpose; or


(c) any register under the Corporations Act 2001 , or any financial report or financial records within the meaning of that Act.

aggravated burglary
means an offence against section 132.5 .

aggravated robbery
means an offence against section 132.3 .

ancillary offence
means:


(a) an offence against section 11.1 , 11.4 or 11.5 ; or


(b) an offence against a law of the Commonwealth, to the extent to which the offence arises out of the operation of section 11.2 , 11.2A or 11.3 .

attack directed against a civilian population
means a course of conduct involving the multiple commission of any one or more proscribed inhumane acts against any civilian population pursuant to, or in furtherance of, a state or organisational policy to engage in that course of conduct.

Australia
, when used in a geographical sense, includes the external Territories.

Australian aircraft
means:


(a) an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 ; or


(b) an aircraft (other than a defence aircraft) that is owned by, or in the possession or control of, a Commonwealth entity; or


(c) a defence aircraft.

Australian Government security clearance
means a security clearance given by the Australian Government Security Vetting Agency or by another Commonwealth, State or Territory agency that is authorised or approved by the Commonwealth to issue security clearances.

Australian ship
means:


(a) a ship registered, or required to be registered, under the Shipping Registration Act 1981 ; or


(b) an unregistered ship that has Australian nationality; or


(c) a defence ship.

benefit
includes any advantage and is not limited to property.

burglary
means an offence against section 132.4 .

carriage service
has the same meaning as in the Telecommunications Act 1997 .

cause
a person to engage in sexual intercourse or other sexual activity has the meaning given by section 272.2 .

child :
without limiting who is a child of a person for the purposes of this Code, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

Commonwealth authority
means a body established by or under a law of the Commonwealth, but does not include:


(a) a body established by or under:


(i) (Repealed by No 125 of 2006)

(ii) the Australian Capital Territory (Self-Government) Act 1988 ; or

(iii) the Corporations Act 2001 ; or

(iv) the Norfolk Island Act 1979 ; or

(v) the Northern Territory (Self-Government) Act 1978 ; or

(vi) (Repealed by No 54 of 2009)

(vii) (Repealed by No 54 of 2009)


(aa) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or


(ab) an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 ; or


(b) a body specified in the regulations.

Commonwealth contract
means a contract, to which a Commonwealth entity is a party, under which services are to be, or were to be, provided to a Commonwealth entity.

Commonwealth entity
means:


(a) the Commonwealth; or


(b) a Commonwealth authority.

Commonwealth judicial officer
means:


(a) a Justice of the High Court; or


(b) a judge or justice of a court created by the Parliament; or


(c) (Repealed by No 13 of 2013)


(d) a registrar or other officer of the High Court; or


(e) a judicial registrar, registrar or other officer of a court created by the Parliament; or


(f) a judge, justice, magistrate or other judicial officer of a court of a State or Territory who acts in the exercise of federal jurisdiction; or


(g) a judicial registrar, registrar or other officer of a court of a State or Territory who exercises powers, or performs functions, incidental to the exercise of federal jurisdiction; or


(h) a judge, justice, magistrate or other judicial officer of a court of a State or Territory who acts in the exercise of jurisdiction under a law in force in a Territory (other than the Australian Capital Territory, the Northern Territory or the Territory of Norfolk Island); or


(i) a judicial registrar, registrar or other officer of a court of a State or Territory who exercises powers, or performs functions, incidental to the exercise of jurisdiction under a law in force in a Territory (other than the Australian Capital Territory, the Northern Territory or the Territory of Norfolk Island).

Commonwealth public official
means:


(a) the Governor-General; or


(b) a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or


(c) a Minister; or


(d) a Parliamentary Secretary; or


(e) a member of either House of the Parliament; or


(f) an individual who holds an appointment under section 67 of the Constitution; or


(g) the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or


(h) (Repealed by No 59 of 2015)


(i) a Commonwealth judicial officer; or


(j) an APS employee; or


(k) an individual employed by the Commonwealth otherwise than under the Public Service Act 1999 ; or


(l) a member of the Australian Defence Force; or


(m) a member or special member of the Australian Federal Police; or


(n) an individual (other than an official of a registered industrial organisation) who holds or performs the duties of an office established by or under a law of the Commonwealth, other than:


(i) the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

(ii) the Australian Capital Territory (Self-Government) Act 1988 ; or

(iii) the Corporations Act 2001 ; or

(iv) the Norfolk Island Act 1979 ; or

(v) the Northern Territory (Self-Government) Act 1978 ; or

(vi) (Repealed by No 54 of 2009)

(vii) (Repealed by No 54 of 2009)


(o) an officer or employee of a Commonwealth authority; or


(p) an individual who is a contracted service provider for a Commonwealth contract; or


(q) an individual who is an officer or employee of a contracted service provider for a Commonwealth contract and who provides services for the purposes (whether direct or indirect) of the Commonwealth contract; or


(r) an individual (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the person by or under a law of the Commonwealth, other than:


(i) the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

(ii) the Australian Capital Territory (Self-Government) Act 1988 ; or

(iii) the Corporations Act 2001 ; or

(iv) the Norfolk Island Act 1979 ; or

(v) the Northern Territory (Self-Government) Act 1978 ; or

(vi) (Repealed by No 54 of 2009)

(vii) a provision specified in the regulations; or


(s) an individual who exercises powers, or performs functions, conferred on the person under a law in force in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands (whether the law is a law of the Commonwealth or a law of the Territory concerned); or


(t) the Registrar, or a Deputy Registrar, of Aboriginal and Torres Strait Islander Corporations.

communication
includes any communication:


(a) whether between persons and persons, things and things or persons and things; and


(b) whether the communication is:


(i) in the form of text; or

(ii) in the form of speech, music or other sounds; or

(iii) in the form of visual images (still or moving); or

(iv) in the form of signals; or

(v) in the form of data; or

(vi) in any other form; or

(vii) in any combination of forms.

conduct
is defined in subsection 4.1(2) .

confiscate
, in relation to a person ' s travel or identity document, has the same meaning as in Division 271 (see section 271.1 ).

constitutional corporation
means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutional trade and commerce
means trade and commerce:


(a) with other countries; or


(b) among the States; or


(c) between a State and a Territory; or


(d) between 2 Territories.

contracted service provider
, for a Commonwealth contract, means:


(a) a person who is a party to the Commonwealth contract and who is responsible for the provision of services to a Commonwealth entity under the Commonwealth contract; or


(b) a subcontractor for the Commonwealth contract.

Covenant
means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986 .

crime against humanity
means an offence under Subdivision C of Division 268.

crime against the administration of the justice of the International Criminal Court
means an offence under Subdivision J of Division 268.

data
includes:


(a) information in any form; or


(b) any program (or part of a program).

data held in a computer
includes:


(a) data held in any removable data storage device for the time being held in a computer; or


(b) data held in a data storage device on a computer network of which the computer forms a part.

data storage device
means a thing (for example, a disk or file server) containing, or designed to contain, data for use by a computer.

deal ,
in identification information, has a meaning affected by section 370.1 .

death
means:


(a) the irreversible cessation of all function of a person ' s brain (including the brain stem); or


(b) the irreversible cessation of circulation of blood in a person ' s body.

debt bondage
has the same meaning as in Division 270 (see section 270.1A ).

means the status or condition that arises from a pledge by a person:


(a) of his or her personal services; or


(b) of the personal services of another person under his or her control;

as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given), by that person if:


(ba) the debt owed or claimed to be owed is manifestly excessive; or


(c) the reasonable value of those services is not applied toward the liquidation of the debt or purported debt; or


(d) the length and nature of those services are not respectively limited and defined.

de facto partner
has the meaning given by the Acts Interpretation Act 1901 .

defence aircraft
means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.

Defence Minister
means the Minister administering the Defence Force Discipline Act 1982 .

defence ship
means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.

detaining
a person includes causing the person to remain where he or she is.

detriment
includes any disadvantage and is not limited to personal injury or to loss of or damage to property.

distinctive emblems of the Geneva Conventions
means the emblems, identity cards, signs, signals, insignia or uniforms to which subsection 15(1) of the Geneva Conventions Act 1957 applies.

electronic communication
means a communication by means of guided or unguided electromagnetic energy or both.

employee
(Repealed by No 5 of 2015)

engage in conduct
is defined in subsection 4.1(2) .

engage in sexual activity
: without limiting when a person engages in sexual activity, a person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity.

evidence
includes anything that may be used as evidence.

evidential burden
is defined in subsection 13.3(6) .

exploitation
has the same meaning as in Division 271 (see section 271.1A ).

federal aspect
is defined in section 390.2 .

First Geneva Convention
means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 1 to the Geneva Conventions Act 1957 .

forced labour
has the same meaning as in Division 270 (see section 270.6 ).

forced marriage
has the meaning given by section 270.7A .

foreign country
includes:


(a) a colony or overseas territory; and


(b) a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and


(c) a territory outside Australia that is to some extent self-governing, but that is not recognised as an independent sovereign state by Australia.

foreign intelligence agency
means an intelligence or security service (however described) of a foreign country.

Fourth Geneva Convention
means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 4 to the Geneva Conventions Act 1957 .

Geneva Conventions
means the First Geneva Convention, the Second Geneva Convention, the Third Geneva Convention and the Fourth Geneva Convention.

genocide
means an offence under Subdivision B of Division 268.

Hague Declaration
means the Hague Declarations Concerning the Prohibition of Using Bullets which Expand or Flatten Easily in the Human Body, adopted at the Hague on 29 July 1899.

harm
means physical harm or harm to a person ' s mental health, whether temporary or permanent. However, it does not include being subjected to any force or impact that is within the limits of what is acceptable as incidental to social interaction or to life in the community.

harm to a person ' s mental health
includes significant psychological harm, but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger.

hors de combat
: a person is hors de combat if:


(a) the person is in the power of an adverse party; and


(b) the person:


(i) clearly expresses an intention to surrender; or

(ii) has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and


(c) the person abstains from any hostile act and does not attempt to escape.

ICC Statute
means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1 to the International Criminal Court Act 2002 .

identification documentation
has the meaning given by section 370.1 .

identification information
has the meaning given by section 370.1 .

identity document
includes any kind of document that may be used to establish the identity of a person in a country under the law or procedures of that country.

intention
has the meaning given in section 5.2 .

international armed conflict
includes a military occupation.

International Criminal Court
means the International Criminal Court established under the ICC Statute.

interpreter
includes a person who interprets signs or other things made or done by a person who cannot speak adequately for the purpose of giving evidence in a proceeding before the International Criminal Court.

knowledge
has the meaning given in section 5.3 .

law
means a law of the Commonwealth, and includes this Code.

legal burden
is defined in subsection 13.1(3) .

make available
, in relation to material, includes, but is not limited to, describing how to obtain access, or describing methods that are likely to facilitate access, to material (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).

mental impairment
has the meaning given by subsection 7.3(8) .

mutiny
has the meaning given by subsection 83.1(2) .

negligence
has the meaning given in section 5.5 .

offence
means an offence against a law of the Commonwealth.

official of a registered industrial organisation
means a person who holds an office (within the meaning of the Fair Work Act 2009 ) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 .

parent :
without limiting who is a parent of a person for the purposes of this Code, someone is the parent of a person if the person is his or her child because of the definition of child in this Dictionary.

person
includes a Commonwealth authority that is not a body corporate, and another has a corresponding meaning.

Note:

This definition supplements subsection 2C(1) of the Acts Interpretation Act 1901 . That subsection provides that person includes a body politic or corporate as well as an individual.

personal service
means any labour or service, including a sexual service, provided by a person.

physical harm
includes unconsciousness, pain, disfigurement, infection with a disease and any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).

position of trust or authority
has the meaning given by subsection 272.3(1) .

primary offence
means an offence against a law of the Commonwealth, other than an ancillary offence.

procure
a person to engage in sexual activity includes:


(a) encourage, entice or recruit the person to engage in that activity; or


(b) induce the person (whether by threats, promises or otherwise) to engage in that activity.

proscribed inhumane act
means any of the following acts:


(a) an act that is described in paragraph 268.8(a) ;


(b) an act that is described in paragraph 268.9(1)(a) and is committed as mentioned in paragraph 268.9(1)(b) ;


(c) an act that is described in paragraph 268.10(1)(a) ;


(d) an act that is described in paragraph 268.11(1)(a) and to which paragraph 268.11(1)(b) applies;


(e) an act that is described in paragraph 268.12(1)(a) and to which paragraph 268.12(1)(b) applies;


(f) an act that is described in paragraph 268.13(a) and to which paragraph 268.13(b) applies;


(g) an act that is described in paragraph 268.14(1)(a) or (2)(a) ;


(h) an act that is described in paragraph 268.15(1)(a) ;


(i) an act that is described in paragraph 268.16(1)(a) and to which paragraph 268.16(1)(b) applies;


(j) an act that is described in paragraph 268.17(1)(a) and to which paragraph 268.17(1)(b) applies;


(k) an act that is described in paragraphs 268.18(1)(a) and (b) and to which paragraph 268.18(1)(c) applies;


(l) an act that is described in paragraph 268.19(1)(a) and is of the gravity mentioned in paragraph 268.19(1)(b) ;


(m) an act that is described in paragraph 268.20(1)(a) and is committed as mentioned in paragraphs 268.20(1)(c) , (d) and (e);


(n) an act that is described in paragraph 268.21(1)(a) and to which paragraphs 268.21(1)(b) and (c) apply;


(o) an act that is described in paragraph 268.21(2)(c) and is committed as mentioned in paragraph 268.21(2)(d) ;


(p) an act that is described in paragraph 268.22(a) and is committed as mentioned in paragraph 268.22(b) ;


(q) an act that is described in paragraph 268.23(a) and to which paragraph 268.23(b) applies.

Protocol I to the Geneva Conventions
means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5 to the Geneva Conventions Act 1957 .

Protocol II to the Geneva Conventions
means the Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts done at Geneva on 10 June 1977.

Protocol III to the Geneva Conventions
means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6 to the Geneva Conventions Act 1957 .

Protocols to the Geneva Conventions
means Protocol I to the Geneva Conventions, Protocol II to the Geneva Conventions and Protocol III to the Geneva Conventions.

public official
includes:


(a) a Commonwealth public official; and


(b) an officer or employee of the Commonwealth or of a State or Territory; and


(c) an individual who performs work for the Commonwealth, or for a State or Territory, under a contract; and


(d) an individual who holds or performs the duties of an office established by a law of the Commonwealth or of a State or Territory; and


(e) an individual who is otherwise in the service of the Commonwealth or of a State or Territory (including service as a member of a military force or police force); and


(f) a member of the executive, judiciary or magistracy of the Commonwealth or of a State or Territory; and


(g) a member of the legislature of the Commonwealth or of a State or Territory; and


(h) an officer or employee of:


(i) an authority of the Commonwealth; or

(ii) an authority of a State or Territory.

receiving
means an offence against section 132.1 .

recklessness
has the meaning given in section 5.4 .

referendum
has the same meaning as in the Referendum (Machinery Provisions) Act 1984 .

Regulatory Powers Act
means the Regulatory Powers (Standard Provisions) Act 2014 .

resident of Australia
means an individual who is a resident of Australia.

robbery
means an offence against section 132.2 .

Second Geneva Convention
means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 2 to the Geneva Conventions Act 1957 .

serious harm
means harm (including the cumulative effect of any harm):


(a) that endangers, or is likely to endanger, a person ' s life; or


(b) that is or is likely to be significant and longstanding.

services provided to a Commonwealth entity
includes services that consist of the provision of services to other persons in connection with the performance of the Commonwealth entity ' s functions.

servitude
has the same meaning as in Division 270 (see section 270.4 ).

sexual activity
means:


(a) sexual intercourse; or


(b) any other activity of a sexual or indecent nature (including an indecent assault) that involves the human body, or bodily actions or functions (whether or not that activity involves physical contact between people).

Note:

See also the definition of engage in sexual activity .

sexual intercourse
has the meaning given by section 272.4 .

sexual service
means the use or display of the body of the person providing the service for the sexual gratification of others.

sexual servitude
(Repealed by No 6 of 2013)

sexually penetrate
is defined in section 71.8 .

slavery
has the meaning given by section 270.1 .

special liability provision
means:


(a) a provision that provides that absolute liability applies to one or more (but not all) of the physical elements of an offence; or


(b) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew a particular thing; or


(c) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew or believed a particular thing.

slavery-like offence
has the same meaning as in Division 270 (see section 270.1A ).

step-child :
without limiting who is a step-child of a person for the purposes of this Code, someone who is a child of a de facto partner of the person is the step-child of the person, if he or she would be the person ' s step-child except that the person is not legally married to the partner.

step-parent :
without limiting who is a step-parent of a person for the purposes of this Code, someone who is a de facto partner of a parent of the person is the step-parent of the person, if he or she would be the person ' s step-parent except that he or she is not legally married to the person ' s parent.

subcontractor
, for a Commonwealth contract, means a person:


(a) who is a party to a contract (the subcontract ):


(i) with a contracted service provider for the Commonwealth contract (within the meaning of paragraph (a) of the definition of contracted service provider ); or

(ii) with a subcontractor for the Commonwealth contract (under a previous application of this definition); and


(b) who is responsible under the subcontract for the provision of services to a Commonwealth entity, or to a contracted service provider for the Commonwealth contract, for the purposes (whether direct or indirect) of the Commonwealth contract.

sworn statement
means an oral statement made on oath or affirmation or a statement in a document verified on oath or affirmation.

taking
a person includes causing the person to accompany another person and causing the person to be taken.

technical assistance notice
has the same meaning as in Part 15 of the Telecommunications Act 1997 .

technical assistance request
has the same meaning as in Part 15 of the Telecommunications Act 1997 .

technical capability notice
has the same meaning as in Part 15 of the Telecommunications Act 1997 .

theft
means an offence against section 131.1 .

Third Geneva Convention
means the Geneva Convention relative to the Protection of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 3 to the Geneva Conventions Act 1957 .

threat
includes a threat made by any conduct, whether express or implied and whether conditional or unconditional.

travel document
includes any kind of document required, under the law of a country, to enter or leave that country.

war crime
means an offence under Subdivision D , E , F , G or H of Division 268.




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