Call our lawyers
now
or,
have our lawyers
call you
Theft in Australia
Updated on Nov 07, 2022 • 4 min read • 800 views • Copy Link
Theft in Australia
Each state and territory of Australia has different offences relating to theft and different maximum penalties that apply. Theft is also known as larceny and stealing. These offences are generally finalised in the Magistrates Courts but may be committed to a higher court in some circumstances. This page outlines the laws around these offences in each jurisdiction.
Stealing in Queensland
In Queensland, section 391 of the Crimes Act 1899 contains the offence of stealing. This offence occurs when a person fraudulently takes a thing or converts a thing to their own use. Stealing attracts a penalty of up to five years imprisonment. However higher penalties apply if the offence is committed in special circumstances.
If a person steals from the person of another, steals from the person’s employer, or in a range of other circumstances set out in sections they are liable to up to 10 years imprisonment. If a person steals a will, they are liable to imprisonment for up to 14 years.
Larceny in New South Wales
In New South Wales, the offence of larceny carries a penalty of imprisonment for up to five years under section 117 of the Crimes Act 1900.
The act also contains offences relating specifically to larceny by an employee from their employer, which carry a penalty of up to 10 years.
There are also a number of less serious offences relating to theft in the act, including stealing dogs and stealing shrubs.
Theft in Victoria
In Victoria, the offence of theft is set out in section 74 of the Crimes Act 1958. It carries a penalty of up to 10 years imprisonment. The act also provides for a specific offence of theft of a firearm, which carries a penalty of up to 15 years imprisonment.
Related offences include robbery, armed robbery and burglary.
Stealing in Tasmania
In Tasmania, all indictable offences carry a maximum penalty of 21 years imprisonment unless otherwise stated in the legislation. The Criminal Code Act 1924 contains offences of stealing, stealing electricity and stealing firearms, all of which carry this general penalty. It also contains related crimes such as killing animals with intent to steal and demanding with menaces with intent to steal.
Theft in South Australia
In South Australia, theft is contained in section 134 of the Criminal Law Consolidation Act 1935. It is defined as dealing with property dishonestly and without the owner’s consent and intending to permanently deprive the owner of the property or to make a serious encroachment on their property rights.
The penalty for theft is 10 years imprisonment (or 15 years for an aggravated offence).
Stealing in Western Australia
In Western Australia, the penalty for stealing is imprisonment for up to seven years. Longer penalties apply if particular things are stolen – for example, 10 years for a will or an aircraft.
Stealing in the Northern Territory
In the Northern Territory, section 210 of the Criminal Code Act 1983 makes stealing an offence punishable by up to seven years imprisonment, or 14 years if the thing stolen is a will or has a value of more than $100,000.
Defences to theft in Australia
There are several legal defences that can be relied on when charged with theft.
Honest claim of right
A person cannot be found guilty of theft if they had an honest claim to the item allegedly stolen.
Honest mistake
A person has a full defence to a theft charge if the alleged offence was based on an honest mistake – for example if they honestly believed that the owner had consented to them taking the item.
No intention to permanently deprive
A person is not guilty of theft if they were taking an item temporarily with the intention of returning it.
Emergency
A person has a defence to theft if they did the act because of a sudden or extraordinary emergency.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Robbery is a composite offence, meaning it involves both violence and stealing. Different states and territories have different definitions of robbery and different maximum penalties that apply. In most states, robbery is an indictable offence that can be dealt with summarily. Aggravated robbery and armed robbery are strictly indictable offences ....
Posted in:
Offences
Grievous Bodily Harm in the ACT
In the Australian Capital Territory, there are several criminal offences relating to the infliction of grievous bodily harm on another person. This page outlines these offences and the penalties that apply to grievous bodily harm in the Australian Capital Territory. What is grievous bodily harm? Grievous bodily harm is any ....
Posted in:
Offences
Cultivating Cannabis and the Law (NSW)
In 2006, the federal government legalised the cultivation of cannabis with a licence for medicinal purposes. It is now legal to grow marijuana in Australia when you are licenced to do so and under strict controls. However, cultivating cannabis without a licence remains a serious offence in all states and ....
Posted in:
Offences
Arson Offences and Bush Fires (WA)
Arson Offences and Bush Fires (WA) Arson offences are among the most serious criminal offences that Western Australian courts deal with. Criminal damage by fire attracts a maximum penalty of life imprisonment. Arson offences in Western Australia have caused massive financial losses, deaths and the destruction of homes, buildings and ....
Posted in:
Offences
Cultivating Cannabis (Vic) Since 2016, it has been possible to legally grow cannabis for medicinal use in Australia. In the last two years, the Victorian Government has made plans for that state to become the hub of medical cannabis in Australia, with the growing industry touted as one that will ....
Posted in:
Offences
Sexual Intercourse Offences (ACT)
Sexual Intercourse Offences (ACT) Sexual offences in the ACT are governed by the Crimes Act 1900. As well as including numerous offences against children below the age of consent, the act sets out various categories of offences involving sexual intercourse with adults. For most sexual offences against adults, an absence of consent is ....
Posted in:
Offences
In February 2019, the Queensland government passed legislation criminalising the publication of ‘revenge porn.’ The Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Act 2018 amends the Criminal Code, creating three revenge porn offences consisting of the publication, without a person’s consent, of intimate images or videos of the person, or making ....
Posted in:
Offences
Sex work is legal in Victoria but it is subject to a strict licensing scheme governed by the Sex Work Act 1994 and the Sex Work Regulations 2016. Sex workers who are unable to comply with these licensing requirements operate outside of the legal framework and can be prosecuted with ....
Posted in:
Offences
Escape From Custody Offences (WA)
Escape From Custody Offences (WA) In Western Australia, the Criminal Code Act Consolidation Act 1913 contains offences relating to escaping from custody, freeing a person from custody or permitting a person to escape from custody. These are serious offences that can attract lengthy terms of imprisonment. This page deals with ....
Posted in:
Offences
Sexual Offences Against Adults (NT)
Sexual Offences Against Adults (NT) Sexual offences such as indecent assault in the Northern Territory are governed by the Criminal Code Act and the Sentencing Act. The Criminal Code Act sets out the different offences and the maximum penalties that attach to them, while the Sentencing Act sets a mandatory sequencing regime ....
Posted in:
Offences
Community Protection Offender Register Tasmania
The Community Protection Offender Register in Tasmania is governed by the Community Protection (Offender Reporting) Act 2005. The main purposes of the register are to reduce the chances a person will re-offend and aid the investigation of any future offences a person may commit. This page deals with the Community Protection ....
Posted in:
Offences
Offences Involving Underage Drinking (WA)
Offences Involving Underage Drinking The sale, supply and consumption of alcohol in WA is regulated by the Liquor Control Act 1988. The act contains offences relating to selling or supplying alcohol to a person who is below the legal drinking age. It also makes it illegal to allow underage persons into licensed ....
Posted in:
Offences