Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 115

Interpretation for div 6.3

    (1)     In this division:

"property" means any real or personal property (other than intangible property), and includes—

        (a)     a wild animal that is tamed or ordinarily kept in captivity; and

        (b)     a wild animal that is not tamed or ordinarily kept in captivity but that is—

              (i)     reduced into the possession of a person who has not lost or abandoned that possession; or

              (ii)     in the course of being reduced into the possession of a person.

    (2)     For this division, property shall be taken to belong to any person who—

        (a)     has possession or control of it; or

        (b)     has any proprietary right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest; or

        (c)     has a charge on it.

    (3)     If any property is subject to a trust, the trustee and any person having a right to enforce the trust shall, for this division, be taken to be the persons to whom the property belongs.

    (4)     The property of a corporation sole shall, for this division, be taken to belong to the corporation notwithstanding any vacancy in the corporation.

    (5)     For section 116 (Destroying or damaging property) and section 117 (Arson), a person who destroys or damages property shall be taken to have done so intentionally if he or she acted—

        (a)     with intent to destroy or damage any property; or

        (b)     in the knowledge or belief that his or her actions were likely to result in destruction of or damage to property.

    (6)     For section 116 (Destroying or damaging property) and section 117 (Arson), a person who destroys or damages property shall be taken to have intended to endanger the life of another person by that destruction or damage if he or she acted—

        (a)     with intent to endanger the life of any other person; or

        (b)     in the knowledge or belief that his or her actions were likely to endanger the life of another person.



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