Queensland Consolidated Acts
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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
(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
(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—1000 penalty units or 5 years imprisonment.
Example: 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.
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.
Maximum penalty for subsection (5) —540 penalty units.
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