Commonwealth Consolidated Acts

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COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 28B

Misuse of credit cards or credit vouchers--criminal offence

             (1)  A person must not use a Commonwealth authority credit card, Commonwealth authority credit card number or Commonwealth authority credit voucher to obtain cash, goods or services otherwise than for the authority.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Subsection (1) does not apply to a particular use of a Commonwealth authority credit card, Commonwealth authority credit card number or Commonwealth authority credit voucher if:

                     (a)  the use is authorised by the regulations; and

                     (b)  the authority is reimbursed in accordance with the regulations.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code .

             (3)  For the purposes of paragraph (2)(b), an amount that is to be reimbursed to the authority is a debt due to the authority and is recoverable by the authority in a court of competent jurisdiction.

             (4)  In this section:

"Commonwealth authority credit card" means a credit card issued to the Commonwealth authority to enable the authority to obtain cash, goods or services on credit.

"Commonwealth authority credit voucher" means a credit voucher issued to the Commonwealth authority to enable the authority to obtain goods or services on credit.



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