Northern Territory Numbered Acts Northern Territory Numbered ActsPart VII, Divisions 1, 1A and 2
repeal, insert
In this Division:
"appropriation", see section 212.
"belongs", in relation to property, see section 211.
"property", see section 210.
"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.
In this Division, "property "means all real or personal property, including the following:
(a) money;
(b) things in action or other intangible property;
(c) electricity;
(d) a wild creature that is tamed or ordinarily kept in captivity or that is reduced or is being reduced into the possession of a person;
(e) any organ or part of a human body and any blood, ova, semen or other substance extracted from the human body.
(1) For this Division, property belongs to anyone having possession or control of it, or having any proprietary right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest, or from a constructive trust.
(2) If property belongs to 2 or more persons, a reference to the person to whom property belongs is taken to be a reference to all of them.
(3) Property of a corporation sole belongs to the corporation despite a vacancy in the corporation.
(4) If property is subject to a trust:
(a) the person to whom the property belongs includes any person having a right to enforce the trust; and
(b) an intention to defeat the trust is an intention to deprive any person having that right of the property.
(5) If a person ( person A ) receives property from or on account of another person ( person B ) and is under a legal obligation to person B to retain or deal with it or its proceeds in a particular way, the property or proceeds belongs (as against person A) to person B.
(6) If a person ( person A ) obtains property by another person's fundamental mistake and is under an obligation to make restoration, in whole or in part, of the property or its proceeds or its value:
(a) to the extent of that obligation, the property or proceeds belongs (as against person A) to the person entitled to restoration ( person B ); and
(b) an intention not to make restoration is an intention to deprive person B of the property or proceeds without the consent of person B.
(7) For subsection (6):
"fundamental mistake", in relation to property, means any of the following:
(a) a mistake about the identity of the person getting the property;
(b) a mistake about the essential nature of the property;
(c) a mistake about the amount of any money, direct credit into an account, cheque or other negotiable instrument if the person getting the property is aware of the mistake at the time of getting the property.
(1) For this Division, any assumption of the rights of an owner to ownership, possession or control of property, without the consent of a person to whom the property belongs, is an appropriation of the property.
(2) If a person has come by property (innocently or not) without committing the offence of theft, subsection (1) applies to any later assumption of those rights without consent by keeping or dealing with it as owner.
(3) If property is, or purports to be, transferred or given to a person acting in good faith, a later assumption by the person of rights the person believed the person was acquiring is not an appropriation of the property because of any defect in the transferor's title.
(1) A person ( person A ) has the intention of permanently depriving someone else ( person B ) of property belonging to person B if:
(a) person A appropriates property belonging to person B without meaning person B to permanently lose the property; and
(b) person A intends to treat the property as person A's own to dispose of regardless of person B's rights.
(2) For subsection (1), if person A borrows or lends property belonging to person B, the borrowing or lending may amount to treating the property as person A's own to dispose of regardless of person B's rights only if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(3) Without limiting this section, person A parting with property amounts to person A treating the property as person A's own to dispose of regardless of person B's rights if:
(a) person A has possession or control (lawfully or not) of property belonging to person B; and
(b) person A parts with the property under a condition about its return that person A may not be able to carry out; and
(c) the parting is done for person A's own purposes and without person B's authority.
(4) This section does not limit the circumstances in which a person can be taken to have the intention of permanently depriving someone else of property.
(1) A person's appropriation of property belonging to someone else is not dishonest if the person appropriates the property with the reasonable belief that the property is lost and the owner of the property cannot be discovered.
(2) Subsection (1) does not apply to a person appropriating the property as a trustee or personal representative.
(3) A person who appropriates the property of another person may be dishonest even if they are willing to pay for the property.
(1) A person cannot commit the offence of theft of land or things forming part of the land and severed from it by the person or at the person's directions, except in the following circumstances:
(a) when the person has legal authority to sell or dispose of land belonging to another person and the person appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in the person;
(b) when the person is not in possession of the land and appropriates anything forming part of the land:
(i) by severing it or causing it to be severed; or
(ii) after it has been severed;
(c) when in possession of the land under a tenancy, the person appropriates the whole or part of any fixture or structure that is let under the tenancy.
(2) For subsection (1)(c), a tenancy is a tenancy for years or any shorter period, and includes an agreement for a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and let is to be construed accordingly.
(3) In this section:
"land" does not include incorporeal hereditaments.
A person may be found guilty of the offence of theft in relation to all or any part of a general deficiency in money or other property even though the deficiency is made up of a number of particular amounts of money or items of other property that were appropriated over a period of time.
(1) A person commits an offence if:
(a) the person appropriates property; and
(b) the property belongs to another person and the person has knowledge of that circumstance; and
(c) the person engages in the conduct mentioned in paragraph (a) with the intention of permanently depriving the other person of the property; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).
(3) An offence against subsection (1) is to be known as the offence of theft .
(1) A person commits an offence if:
(a) the person commits the offence of theft; and
(b) the person:
(i) uses force on another person; or
(ii) threatens to use force then and there on another person; and
(c) the person engages in the conduct mentioned in paragraph (b) with the intention of committing the offence of theft or escaping from the scene of the offence; and
(d) the force was used or threatened when the person committed the offence of theft or immediately before or immediately after committing the offence.
Maximum penalty: Imprisonment for 14 years or, for an aggravated offence, imprisonment for life.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(b).
(3) Strict liability applies to subsection (1)(d).
(1) Each of the following is a circumstance of aggravation in relation to an offence committed against section 218(1) if the defendant is reckless in relation to the circumstance:
(a) the offence is committed in company with one or more persons;
(b) the defendant has possession of a firearm or any other dangerous or offensive weapon when committing the offence;
(c) when committing the offence or immediately before or immediately after committing the offence, the defendant causes harm to another person.
(2) If the prosecution intends to prove an offence against section 218(1) with any aggravating circumstance mentioned in subsection (1), the relevant circumstance of aggravation must be contained in the charge.
(1) A person commits an offence if the person:
(a) enters or remains in a building; and
(b) engages in the conduct mentioned in paragraph (a) with the intention of committing an offence, other than an offence against the Trespass Act 1987 , in the building; and
(c) is a trespasser and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 4 years.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a) .
(3) In a prosecution for an offence against subsection (1), proof of subsection (1)(a) and (c) is evidence of the fault element in subsection (1)(b).
(4) For this section, a person is not a trespasser merely because the person is permitted to enter or remain in the building:
(a) for a purpose that is not the person's intended purpose; or
(b) as a result of fraud, misrepresentation or another person's mistake.
(1) A person commits an offence if the person:
(a) enters or remains in a building; and
(b) engages in the conduct mentioned in paragraph (a) with the intention of committing an indictable offence or an offence against section 188(1) in the building; and
(c) is a trespasser and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 14 years.
Note for subsection (1)
If the circumstances of aggravation in section 222(1) apply to the offence, the maximum penalty is the maximum penalty under section 222(2) or (3).
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a) .
(3) For this section, a person is not a trespasser merely because the person is permitted to enter or remain in the building:
(a) for a purpose that is not the person's intended purpose; or
(b) as a result of fraud, misrepresentation or another person's mistake.
(1) Each of the following is a circumstance of aggravation for an offence committed against section 221(1) if the defendant is reckless in relation to the circumstance:
(a) the building is a dwelling-house and the offence is committed at night;
(b) the offence is committed in company with one or more persons;
(c) the defendant has possession of a firearm or any other dangerous or offensive weapon when committing the offence;
(d) the building is a dwelling-house and the defendant has possession of a firearm or any other dangerous or offensive weapon when committing the offence.
(2) The maximum penalty for an offence against section 221(1) is imprisonment for 20 years if a circumstance of aggravation in subsection (1)(a), (b) or (c) applies to the offence.
(3) The maximum penalty for an offence against section 221(1) is life imprisonment if the circumstance of aggravation in subsection (1)(d) applies to the offence.
(4) If the prosecution intends to prove an offence against section 221(1) with any aggravating circumstances mentioned in subsection (1), the relevant circumstance of aggravation must be contained in the charge.
In a proceeding against a person charged with an offence against section 221(1), the trier of fact may find the person not guilty of the offence against that section but guilty of an offence against section 220(1) if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person entered or remained in a building with the intention of committing an offence mentioned in section 221(1)(b); and
(b) is satisfied beyond reasonable doubt that the person intended to commit an offence, other than an offence against the Trespass Act 1987 .
(1) A person commits an offence if:
(a) the person intentionally enters a building; and
(b) the person is a trespasser and the person is reckless in relation to that circumstance; and
(c) the person intentionally damages or otherwise interferes with the building or any property in the building.
Maximum penalty: Imprisonment for 7 years.
(2) For this section, it is immaterial whether the damage or interference:
(a) is of a permanent nature; or
(b) results in any monetary loss.
(3) In this section:
"damage" includes the following:
(a) destroying the building or property;
(b) defacing the building or property;
(c) for a document – obliterating or rendering illegible the whole or any part of the document;
(d) for an animal – harming or killing the animal;
(e) for a plant or other thing forming part of land – severing it from the land.
(1) A person commits an offence if the person:
(a) is in a place other than the person's home; and
(b) possesses an item; and
(c) engages in the conduct mentioned in paragraph (b) with the intention of using the item in the course of or in relation to committing the offence of theft or a related offence.
Maximum penalty: Imprisonment for 3 years.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(b).
(3) A person commits an offence if the person:
(a) is in a place other than the person's home; and
(b) possesses a firearm or any other dangerous or offensive weapon; and
(c) engages in the conduct mentioned in paragraph (b) with the intention of using it in the course of or in relation to committing the offence of theft or a related offence.
Maximum penalty: Imprisonment for 7 years.
(4) Subsection (3)(c) is the fault element for the conduct in subsection (3)(b).
(5) Strict liability applies to subsections (1)(a) and (3)(a).
(6) In this section:
"related offence" means an offence against any of the following:
(a) section 218;
(b) section 220;
(c) section 221;
(d) section 228AB.
(1) A person commits an offence if:
(a) the person intentionally receives property; and
(b) the property is stolen property and the person:
(i) has knowledge of that circumstance; or
(ii) believes that the circumstance exists; and
(c) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) In this section:
stolen property is any property that:
(a) is appropriated; or
(b) if the property was obtained before the commencement of this section – was obtained in the commission of an indictable offence or in the commission of an offence outside the Territory that would have constituted an indictable offence if it had been committed in the Territory.
(1) A person commits an offence if:
(a) the person appropriates property; and
(b) the property is:
(i) offered for sale at a place where goods are for sale by retail; and
(ii) worth less than $500; and
(c) the person engages in the conduct mentioned in paragraph (a) with the intention of permanently depriving the owner of the property of that property; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).
(3) Strict liability applies to subsection (1)(b).
(1) A person commits an offence if:
(a) the person is supplied with goods or services; and
(b) immediate payment for the goods or services is required or expected and the person has knowledge of that circumstance; and
(c) the person intentionally makes off without paying for the goods or services; and
(d) the conduct mentioned in paragraph (c) is dishonest.
Maximum penalty: Imprisonment for 2 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Strict liability applies to subsection (1)(a).
(3) It is not an offence if the supply of goods or services is unlawful.
(4) In this section:
"immediate payment "includes payment at the time of collecting goods in relation to which a service is supplied.
(1) A person commits an offence if:
(a) the person intentionally removes an item from premises; and
(b) the premises are at any time open to the public; and
(c) the item is publicly exhibited or kept for public exhibition at the premises but is not exhibited or kept for the purpose of selling or any other commercial dealing; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 3 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Strict liability applies to subsection (1)(b) and (c).
(1) A person commits an offence if:
(a) the person intentionally drives, uses or rides in or on a motor vehicle, vessel or aircraft; and
(b) the motor vehicle, vessel or aircraft:
(i) belongs to another person (the owner ); and
(ii) was taken from the owner without the owner's consent; and
(c) the person is reckless in relation to the circumstances in paragraph (b); and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: If the offence relates to a motor vehicle or vessel – imprisonment for 5 years.
If the offence relates to an aircraft – imprisonment for 7 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) In this section:
"motor vehicle "means any vehicle for use on land that is designed to be wholly or partly self-propelled and includes any trailer or caravan attached to it.
In this Division:
"belongs", in relation to property, means having possession or control of it, or having any proprietary right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest, or from a constructive trust.
"deception" means a deception whether by words or other conduct, and whether as to fact or as to law, and includes:
(a) a deception about the intention of the person using the deception or anyone else; 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.
"demand with a menace", see section 228AF.
"menace", see section 228AD.
"obtain", in relation to property, see section 228AE.
(1) A menace includes:
(a) an express or implied threat of action that is detrimental or unpleasant to another person; or
(b) if a person makes a demand – a general threat of detrimental or unpleasant action against another person that is implied because the person making the demand is a public officer.
(2) A threat against an individual is a menace only if:
(a) the threat would likely cause an individual of normal stability and courage to act unwillingly; or
(b) the threat would likely cause an individual to act unwillingly because of a particular vulnerability of which the maker of the threat is aware.
(3) A threat against an entity other than an individual is a menace only if:
(a) the threat would ordinarily cause an unwilling response; or
(b) the threat would likely cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware.
(1) For section 228AH, a person obtains property if:
(a) the person obtains ownership, possession or control of it for the person or another person; or
(b) the person enables ownership, possession or control of it to be retained by the person or another person; or
(c) the person induces a third person to pass ownership, possession or control of it to another person; or
(d) the person induces a third person to enable another person to retain ownership, possession or control of it; or
(e) section 228AI applies in relation to the property.
(2) To avoid doubt, subsection (1) does not apply in relation to sections 228AK, 228AL and 228AO.
For a demand with a menace :
(a) the demand need not be a demand for money or other property; and
(b) it is irrelevant whether the menace relates to an action to be taken by the person making the demand.
(1) A person ( person A ) has the intention of permanently depriving someone else ( person B ) of property belonging to person B if:
(a) person A obtains property belonging to person B without meaning person B to permanently lose the property; and
(b) person A intends to treat the property as person A's own to dispose of regardless of person B's rights.
(2) For subsection (1), if person A borrows or lends property belonging to person B, the borrowing or lending may amount to treating the property as person A's own to dispose of regardless of person B's rights only if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(3) Without limiting this section, person A parting with property amounts to person A treating the property as person A's own to dispose of regardless of person B's rights if:
(a) person A has possession or control (lawfully or not) of property belonging to person B; and
(b) person A parts with the property under a condition about its return that person A may not be able to carry out; and
(c) the parting is done for person A's own purposes and without person B's authority.
(4) This section does not limit the circumstances in which a person can be taken to have the intention of permanently depriving someone else of property.
(1) A person commits an offence if:
(a) the person engages in deception; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of permanently depriving another person of property; and
(c) the conduct mentioned in paragraph (a) results in the person obtaining the property belonging to the other person and the person intended that result; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) For this section, a person who obtains the property of another person may be dishonest even if they are willing to pay for the property.
(4) In this section:
"property "means all real or personal property, including the following:
(a) money;
(b) things in action or other intangible property;
(c) electricity;
(d) a wild creature that is tamed or ordinarily kept in captivity or that is reduced or is being reduced into the possession of a person;
(e) any organ or part of a human body and any blood, ova, semen or other substance extracted from the human body.
(1) This section applies in relation to section 228AH.
(2) If a person ( person A ) causes an amount to be transferred from an account held by someone else ( person B ) to an account held by person A:
(a) the amount is taken to be property that belongs to person B; and
(b) person A is taken to have obtained the property for person A with the intention of permanently depriving person B of the property.
(3) If a person ( person A ) causes an amount to be transferred from an account held by someone else ( person B ) to an account held by a third person ( person C ):
(a) the amount is taken to be property that belongs to person B; and
(b) person A is taken to have obtained the property for person C with the intention of permanently depriving person B of the property.
(4) An amount is transferred from an account ( account 1 ) to another account ( account 2 ) if:
(a) a credit is made to account 2; and
(b) a debit is made to account 1; and
(c) the credit results from the debit or the debit results from the credit.
(5) A person causes an amount to be transferred from an account if the person induces someone else to transfer the amount from the account (whether or not the other person is the account holder).
A person may be found guilty of the offence of obtaining property by deception in relation to all or any part of a general deficiency in money or other property even though the deficiency is made up of a number of particular amounts of money or items of other property that were obtained over a period of time.
A person commits an offence if:
(a) the person intentionally engages in deception; and
(b) the conduct mentioned in paragraph (a) results in the person obtaining a financial advantage from another person and the person intended that result; and
(c) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for paragraph (c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of obtaining a gain from another person; and
(c) the conduct mentioned in paragraph (a) is dishonest; and
(d) the other person is the Territory.
Maximum penalty: Imprisonment for 5 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) Absolute liability applies to subsection (1)(d).
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of causing a loss to another person; and
(c) the conduct mentioned in paragraph (a) is dishonest; and
(d) the other person is the Territory.
Maximum penalty: Imprisonment for 5 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) Absolute liability applies to subsection (1)(d).
(1) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a loss, or a risk of loss, to another person and the person knows the loss will happen or knows there is a substantial risk of the loss happening; and
(c) the conduct mentioned in paragraph (a) is dishonest; and
(d) the other person is the Territory.
Maximum penalty: Imprisonment for 5 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Absolute liability applies to subsection (1)(d).
(1) A person commits an offence if:
(a) the person makes a demand with a menace of another person; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of:
(i) obtaining a gain from the other person or a third person; or
(ii) causing the other person or a third person a loss; or
(iii) influencing the other person or a third person in the exercise of their public duty; and
(c) there are no reasonable grounds for the demand; and
(d) the use of the menace is not a proper means of enforcing the demand.
Maximum penalty: Imprisonment for 14 years.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) Strict liability applies to subsection (1)(c) and (d).
(4) In this section:
"public duty" means a duty of a public officer.