Criminal Code Act 1983

A person (person A) has the intention of permanently depriving someone else (person

B) of property belonging to person B if:

person A appropriates property belonging to person B without meaning person B to permanently lose the property; and

person A intends to treat the property as person A's own to dispose of regardless of person B's rights.

For subsection (1), if person A borrows or lends property belonging to person B, the borrowing or lending may amount to treating the property as person A's own to dispose of regardless of person B's rights only if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Without limiting this section, person A parting with property amounts to person A treating the property as person A's own to dispose of regardless of person B's rights if:

person A has possession or control (lawfully or not) of property belonging to person B; and

person A parts with the property under a condition about its return that person A may not be able to carry out; and

the parting is done for person A's own purposes and without person B's authority.

This section does not limit the circumstances in which a person can be taken to have the intention of permanently depriving someone else of property.