Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 391
(1) A person who fraudulently takes anything capable of being stolen, or
fraudulently converts to the person’s own use or to the use of any other
person anything capable of being stolen, is said to steal that thing.
person who takes or converts anything capable of being stolen is deemed to do
so fraudulently if the person does so with any of the following intents, that
is to say—
(a) an intent to permanently deprive the owner of the thing of
(b) an intent to permanently deprive any person who has any
special property in the thing of such property;
(c) an intent to use the
thing as a pledge or security;
(d) an intent to part with it on a condition
as to its return which the person taking or converting it may be unable to
(e) an intent to deal with it in such a manner that it can not be
returned in the condition in which it was at the time of the taking or
(f) in the case of money—an intent to use it at the will of the
person who takes or converts it, although the person may intend to afterwards
repay the amount to the owner.
(2A) A person who has taken possession of
anything capable of being stolen in such circumstances that the thing
thereupon is not identifiable is deemed to have taken or converted the thing
fraudulently notwithstanding that the property in the thing has passed to the
person if, at the time the person transports the thing away, the person has
not discharged or made arrangements with the owner or previous owner of the
thing for discharging the person’s indebtedness in respect of the thing.
(2B) The presumption provided for by subsection (2A) is rebuttable.
taking or conversion may be fraudulent, although it is effected without
secrecy or attempt at concealment.
(4) In the case of conversion, it is
immaterial whether the thing converted is taken for the purpose of conversion,
or whether it is at the time of the conversion in the possession of the person
who converts it.
(4A) It is also immaterial that the person who converts the
property is the holder of a power of attorney for the disposition of it, or is
otherwise authorised to dispose of the property.
(5) When a thing converted
has been lost by the owner and found by the person who converts it, the
conversion is not deemed to be fraudulent if at the time of the conversion the
person taking or converting the thing does not know who is the owner, and
believes, on reasonable grounds, that the owner can not be discovered.
The act of stealing is not complete until the person taking or converting the
thing actually moves it or otherwise actually deals with it by some physical
(6A) For stealing that is a failure to pay an employee, or another
person on behalf of the employee, an amount payable to the employee or other
person in relation to the performance of work by the employee—
amount is a thing that is capable of being stolen; and
(b) subsection (6)
does not apply; and
(c) the amount is converted to the person’s own use
(i) the amount becomes, under an Act, industrial instrument or
agreement, payable to the employee or to the other person on behalf of the
(ii) the amount is not paid.
(7) In this section—
"Act" includes an Act of another State or the Commonwealth.
"industrial instrument" means—
(a) an industrial instrument under the
Industrial Relations Act 2016 , schedule 5 ; or
(b) a fair work instrument
under the Fair Work Act 2009 (Cwlth) .
"owner" includes the owner, any part owner, or any person having possession or
control of, or a special property in, the thing in question.
"special property" , in a thing, includes—
(a) a charge or lien on the
(b) a right arising from or dependent on holding possession of the
thing, whether by the person entitled to the right or by another person for
the other person’s benefit; and
(c) a right of an employee, in relation to
the performance of work by the employee—
(i) to be paid the thing; or
to have the thing paid to another person on behalf of the employee.
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