Criminal Code Act 1983

(1) For this Division, property belongs to anyone having possession or control of it, or having any proprietary right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest, or from a constructive trust.

(2) If property belongs to 2 or more persons, a reference to the person to whom property belongs is taken to be a reference to all of them.

(3) Property of a corporation sole belongs to the corporation despite a vacancy in the corporation.

(a) the person to whom the property belongs includes any person having a right to enforce the trust; and

(b) an intention to defeat the trust is an intention to deprive any person having that right of the property.

(5) If a person (person A) receives property from or on account of another person (person B) and is under a legal obligation to person B to retain or deal with it or its proceeds in a particular way, the property or proceeds belongs (as against person A) to person B.

(6) If a person (person A) obtains property by another person's fundamental mistake and is under an obligation to make restoration, in whole or in part, of the property or its proceeds or its value:

(a) to the extent of that obligation, the property or proceeds belongs (as against person A) to the person entitled to restoration (person B); and

(b) an intention not to make restoration is an intention to deprive person B of the property or proceeds without the consent of person B.

fundamental mistake, in relation to property, means any of the following:

(c) a mistake about the amount of any money, direct credit into an account, cheque or other negotiable instrument if the person getting the property is aware of the mistake at the time of getting the property.