sec.215Wrongful conversion and false accounts

### sec.215 Wrongful conversion and false accounts This section applies if a licensee, in the performance of the activities of a licensee, or a motor salesperson, in the performance of the activities of a motor salesperson— receives an amount belonging to someone else; or falsely accounts for money. A licensee or motor salesperson who— dishonestly converts the amount to the licensee’s or salesperson’s own or someone else’s use; or dishonestly renders an account of the amount knowing it to be false in a material particular; commits a crime. Maximum penalty—1,000 penalty units or 5 years imprisonment. For a prosecution under subsection (2) (a) , it is enough for the prosecution to prove that the licensee or motor salesperson dishonestly converted an amount belonging to someone else to the licensee’s or salesperson’s own use or someone else’s use without having to prove that the amount belonged to a particular person. If conduct alleged to constitute an offence under subsection (2) is recurrent so that, apart from this subsection, each instance of the conduct would allegedly constitute a separate offence, 2 or more instances of the conduct are to 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. A licensee or motor salesperson in the performance of the activities of a licensee or motor salesperson must not, including by the rendering of an account, represent that the licensee or salesperson has received an amount from someone else when the licensee or salesperson had not in fact received the amount. Maximum penalty—540 penalty units. In this section— former licensee means a person who held— a licence under this Act; or a motor dealer’s licence or former auctioneers licence under PAMDA . licensee includes a former licensee and a person who is not licensed, but who acts as a licensee. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section. (sec.215-ssec.1) This section applies if a licensee, in the performance of the activities of a licensee, or a motor salesperson, in the performance of the activities of a motor salesperson— receives an amount belonging to someone else; or falsely accounts for money. (sec.215-ssec.2) A licensee or motor salesperson who— dishonestly converts the amount to the licensee’s or salesperson’s own or someone else’s use; or dishonestly renders an account of the amount knowing it to be false in a material particular; commits a crime. Maximum penalty—1,000 penalty units or 5 years imprisonment. (sec.215-ssec.3) For a prosecution under subsection (2) (a) , it is enough for the prosecution to prove that the licensee or motor salesperson dishonestly converted an amount belonging to someone else to the licensee’s or salesperson’s own use or someone else’s use without having to prove that the amount belonged to a particular person. (sec.215-ssec.4) If conduct alleged to constitute an offence under subsection (2) is recurrent so that, apart from this subsection, each instance of the conduct would allegedly constitute a separate offence, 2 or more instances of the conduct are to 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. (sec.215-ssec.5) A licensee or motor salesperson in the performance of the activities of a licensee or motor salesperson must not, including by the rendering of an account, represent that the licensee or salesperson has received an amount from someone else when the licensee or salesperson had not in fact received the amount. Maximum penalty—540 penalty units. (sec.215-ssec.6) In this section— former licensee means a person who held— a licence under this Act; or a motor dealer’s licence or former auctioneers licence under PAMDA . licensee includes a former licensee and a person who is not licensed, but who acts as a licensee. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section. - (a) receives an amount belonging to someone else; or - (b) falsely accounts for money. - (a) dishonestly converts the amount to the licensee’s or salesperson’s own or someone else’s use; or - (b) dishonestly renders an account of the amount knowing it to be false in a material particular; - (a) a licence under this Act; or - (b) a motor dealer’s licence or former auctioneers licence under PAMDA .