Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL CODE 2002 - SECT 300

Definitions—ch 3

In this chapter:

"belongs", in relation to property—see section 301.

"cause" a loss means cause a loss to someone else.

"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 1     The following provisions affect the meaning of dishonest :

              •     s 303 (Dishonesty for pt 3.2)

              •     s 327 (Dishonesty for div 3.3.2)

              •     s 354 (Dishonesty for pt 3.7).

Note 2     In a prosecution, dishonesty is a matter for the trier of fact (see s 302).

"duty", of a person who is a public official, means a function that—

        (a)     is given to the person as a public official; or

        (b)     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.

"obtain" includes—

        (a)     obtain for someone else; and

        (b)     induce a third person to do something that results in someone else obtaining.

Note     The following provisions affect the meaning of obtain :

              •     s 314 (9) (Receiving—meaning of stolen property )

              •     s 328 (Meaning of obtains for div 3.3.2)

              •     s 335 (6) (Obtaining financial advantage from the Territory)

              •     s 355 (Meaning of obtain for pt 3.7)

              •     s 363D (Meaning of "obtain"—pt 3.8A).

"public duty" means a duty of a public official.

"public official" means a person having public official functions, or acting in a public official capacity, and includes the following:

        (a)     a territory public official;

        (b)     a member of the legislature of the Commonwealth, a State or another Territory;

        (c)     a member of the executive of the Commonwealth, a State or another Territory;

        (d)     a member of the judiciary, the magistracy or a tribunal of the Commonwealth, a State or another Territory;

        (e)     a registrar or other officer of a court or tribunal of the Commonwealth, a State or another Territory;

        (f)     an individual who occupies an office under a law of the Commonwealth, a State, another Territory or a local government;

        (g)     an officer or employee of the Commonwealth, a State, another Territory or a local government;

        (h)     an officer or employee of an authority or instrumentality of the Commonwealth, a State, another Territory or a local government;

              (i)     an individual who is otherwise in the service of the Commonwealth, a State, another Territory or a local government (including service as a member of a military or police force or service);

        (j)     a contractor who exercises a function or performs work for the Commonwealth, a State, another Territory or a local government.

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

"supply" includes—

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

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

"territory public official" means a person having public official functions for the Territory, or acting in a public official capacity for the Territory, and includes the following:

        (a)     a member of the Legislative Assembly;

        (b)     a Minister;

        (c)     a judge, magistrate or tribunal member;

        (d)     the associate judge of the Supreme Court;

        (e)     the registrar or other officer of a court or tribunal;

        (f)     a public servant;

        (g)     an officer or employee of a territory authority or instrumentality;

        (h)     a statutory office-holder or an officer or employee of a statutory office-holder;

              (i)     a police officer;

        (j)     a contractor who exercises a function or performs work for the Territory, a territory authority or instrumentality or a statutory office-holder;

        (k)     an authorised person, or a territory service authorised person, under the Utilities Act 2000

.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback