Section 132.8 Criminal Code Act | Dishonest Taking of Property


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The Legislation

Section 132.8 of the Criminal Code Act 1995 (Cth) is Dishonest Taking of Property and is extracted below.

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132.8  Dishonest taking or retention of property

Taking

(1)  A person is guilty of an offence if the person:

(a)  on a particular occasion, dishonestly takes one or more items of property belonging to a Commonwealth entity, where:

(i)  the value or total value of the property is $500 or more; or

(ii)  the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control would be likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity; and

(b)  does not have consent to do so from the person who has authority to give consent.

Penalty:  Imprisonment for 2 years.

Retention

(2)  A person is guilty of an offence if the person:

(a)  on a particular occasion, takes one or more items of property belonging to a Commonwealth entity; and

(b)  dishonestly retains any or all of those items; and

(c)  does not have consent to the retention from the person who has authority to give consent; and

(d)  either:

(i)  at the time of the taking of the property, the value or total value of the property was $500 or more; or

(ii)  the absence of the property from the possession, custody or control of the person who would otherwise have had possession, custody or control is likely to cause substantial disruption to activities carried on by or on behalf of a Commonwealth entity.

Penalty:  Imprisonment for 2 years.