CRIMINAL CODE 2002 - SECT 323 Making off without payment—minor offence

CRIMINAL CODE 2002 - SECT 323

    (1)     A person commits an offence if—

        (a)     the person knows he or she is required or expected to make immediate payment for goods or services supplied by someone else; and

        (b)     the person dishonestly makes off—

              (i)     without having paid the amount owing; and

              (ii)     with intent to avoid payment of the amount owing; and

        (c)     the amount owing is $2 000 or less.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     Absolute liability applies to subsection (1) (c).

    (3)     This section does not apply in relation to a supply of goods or services that is contrary to law.

    (4)     This section does not prevent a person being charged with an offence against section 322A (Making off without payment) if the amount owing is $2 000 or less.

    (5)     In this section:

"immediate payment" includes payment when collecting goods in relation to which a service has been supplied.