Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person's appropriation of property belonging to someone else is not dishonest if the person appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(2) However, subsection (1) does not apply if the person appropriating the property held it as trustee or personal representative.
Note A defendant bears an evidential burden in relation to the matters mentioned in subsections (1) and (2) (see s 58 (3)).
(3) A person's appropriation of property belonging to someone else can be dishonest even if the person or another person is willing to pay for it.