Commonwealth of Australia

“ A person is guilty of an offence if: (a) the person, by a deception, dishonestly obtains property belonging to another with the intention of permanently depriving the other of the property; and (b) the property belongs to a Commonwealth entity. ”

“ If, in a prosecution for an offence of theft, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence of theft but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt. ”

“ In this Part:
account means an account (including a loan account, a credit card account or a similar account) with a bank or other financial institution.
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
(a) a deception as to the intentions of the person using the deception or any other person; and (b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do. ”