Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.1 - Preliminary  

Division 130 - Preliminary  

SECTION 130.1  

130.1   Definitions  
In this Chapter:

duty
:


(a) in relation to a person who is a Commonwealth public official - means any authority, duty, function or power that:


(i) is conferred on the person as a Commonwealth public official; or

(ii) the person holds himself or herself out as having as a Commonwealth public official; and


(b) in relation to a person who is a public official - means any authority, duty, function or power that:


(i) is conferred on the person as a public official; or

(ii) the person holds himself or herself out as having as a public official.

gain
means:


(a) a gain in property, whether temporary or permanent; or


(b) a gain by way of the supply of services;

and includes keeping what one has.

loss
means a loss in property, whether temporary or permanent, and includes not getting what one might get.

obtaining
includes:


(a) obtaining for another person; and


(b) inducing a third person to do something that results in another person obtaining.

property
includes:


(a) real property; and


(b) personal property; and


(c) money; and


(d) a thing in action or other intangible property; and


(e) electricity; and


(f) a wild creature that is:


(i) tamed; or

(ii) ordinarily kept in captivity; or

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

services
includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities, but does not include rights or benefits being the supply of goods.

supply
includes:


(a) in relation to goods - supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and


(b) in relation to services - provide, grant or confer.

Note:

The expression person includes a Commonwealth entity. This is the combined effect of subsection 2C(1) of the Acts Interpretation Act 1901 (which provides that person includes a body politic or corporate), and the definition of person in the Dictionary.


 

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