CRIMINAL CODE 2002 - SECT 320 Dishonestly retaining territory property

CRIMINAL CODE 2002 - SECT 320

    (1)     A person ("A") commits an offence if—

        (a)     on a particular occasion, A takes 1 or more items of property belonging to someone else; and

        (b)     the other person is the Territory; and

        (c)     A dishonestly retains any or all of the items; and

        (d)     A does not have consent to retain the item or any of the items dishonestly retained from a person who has the authority to consent; and

        (e)     either—

              (i)     the property dishonestly retained had a replacement value or total replacement value of more than $500 when it was taken; or

              (ii)     the absence of the item, or any of the items, dishonestly retained from the custody, possession or control of the person who would otherwise have had custody, possession or control is likely to cause substantial disruption to activities carried on by or for the Territory.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (2)     Absolute liability applies to subsection (1) (b) and (d).

    (3)     In this section:

"Territory"—see section 319.