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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 133
Wrongful conversion and false accounts
133 Wrongful conversion and false accounts
(1) This section applies to each of the following persons— (a) a debt
collector;
(b) a subagent;
(c) a person who is not authorised under part 2
to perform a regulated activity, but who acts as if the person were authorised
under part 2 to perform the activity.
(2) The person must not, if the person
receives an amount belonging to someone else in performing a
regulated activity— (a) dishonestly convert the amount to the person’s own
or someone else’s use; or
(b) dishonestly render an account of the amount
knowing it to be false in a material particular.
Penalty— Maximum
penalty—1000 penalty units or 5 years imprisonment.
Note— A person may make a claim, under the Administration Act , against the
claim fund if the person suffers financial loss because of a contravention of
this section.
(3) For a prosecution under subsection (2) (a) , it is enough
for the prosecution to prove that the person dishonestly converted an amount
belonging to someone else to the person’s own use or someone else’s use
without having to prove that the amount belonged to a particular person.
(4)
If conduct alleged to constitute an offence against subsection (2) is
recurrent so that, but for this subsection, each instance of the conduct would
allegedly constitute a separate offence, 2 or more instances of the conduct
may be taken to constitute 1 alleged offence committed over the period stated
in the complaint or indictment in relation to the conduct, and may be charged
and proceeded against on 1 charge.
(5) A person must not represent that the
person has received an amount in performing a regulated activity if the person
knows the person did not receive the amount in performing a
regulated activity, including, for example, by rendering an account of the
amount. Penalty— Maximum penalty for subsection (5) —540 penalty
units.
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