Crimes (Theft by Employer) Amendment Bill - Amendment paper No 243
Crimes (Theft by Employer) Amendment Bill - Amendment paper No 243
Crimes (Theft by Employer) Amendment Bill - Amendment paper No 243
No 243
House of Representatives
Amendment Paper
Crimes (Theft by Employer) Amendment Bill
Proposed amendments
Hon Casey Costello, in Committee, to move the following amendments:
Clause 4
In clause 4, replace new section 220AA(2) (page 2, lines 11 to 14) with:
(2)
A commits theft if A intentionally fails, without reasonable excuse, to pay the money to B.
Clause 5
Delete clause 5 (page 2, lines 22 and 23).
Explanatory note
This Amendment Paper amends the Crimes (Theft by Employer) Amendment Bill. It makes the punishment for the conduct specified in new section 220AA the same as that for theft under section 223 of the Crimes Act 1961. It makes it clear that person A must intend not to pay the money owed to B, and not have a reasonable excuse for not paying that money. The requirement to act intentionally and without reasonable excuse ensures that conduct that arises from a mistake, or short-term cash-flow problems, does not give rise to the offence.