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Obtaining property by deception

Offence title:

 

Obtaining property by deception

Act:

 

134.1 Criminal Code Act (CTH)

Offence:

A person commits an offence if: 

(a)   the person, by a deception, dishonestly obtains property belonging to another with the intention of permanently depriving the other of the property; and 

(b)   the property belongs to a Commonwealth entity.

 

Penalty:

 

Imprisonment for 10 years

Summary/Indictable/mixed:

 

Mixed

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

·       A person obtains blank driving licences intending to make them to order and sell for profit; or

·       A person obtains credit card blanks and intends to make them to sell to order; or

·       A person obtains the necessary equipment to press credit cards and upload skimmed information to them and then sell them.

 

Important note:

For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person (the first person) is taken to have obtained property if, and only if: 

(a)   the first person obtains ownership, possession or control of it for himself or herself or for another person; or 

(b)   the first person enables ownership, possession or control of it to be retained by himself or herself; or 

(c)    the first person induces a third person to pass ownership, possession or control of it to another person; or 

(d)   the first person induces a third person to enable another person to retain ownership, possession or control of it; or 

(e)   subsection (9) or (10) applies.

 

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