The head of the trustee responsible for NAB’s superannuation funds told the royal commission she never thought taking Commissioner Kenneth Hayne’s wallet while they were both residing in the tea room was a crime.

During questioning of Nicole Smith, commissioner Kenneth Hayne asked whether her conduct raised a question of the criminal law.

“[Was there] any contemplation of a criminal proceeding? Ever?” Mr Hayne said.

Ms Smith said that was not contemplated, prompting Mr Hayne to ask: “Did you think yourself that taking my money to which you had no entitlement raised a question for criminal law?”

Ms Smith replied that she did not.

“Are you sure that when you were slipping your hand into my pocket to pilfer my wallet, it never occurred to you that it may be a crime?” asked Mr Hayne.

Ms Smith replied that she did not.

Ms Smith said she was planning on giving Mr Hayne the opportunity to opt-in to getting his wallet back.

“Were you going to tell me I could opt-in?” asked Mr Hayne.

“No,” she replied.