sec.206Wrongful conversion and false accounts

### sec.206 Wrongful conversion and false accounts This section applies if a licensee in performing the activities of a licensee or a real estate salesperson in performing the activities of a real estate salesperson— receives an amount belonging to someone else; or falsely accounts for money. The licensee or real estate salesperson commits a crime if the licensee or salesperson— 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. 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 the licensee or real estate 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 the amount belonged to a particular person. If conduct alleged to constitute an offence under 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 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 real estate salesperson, in performing the activities of a licensee or real estate 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 has not in fact received the amount. Maximum penalty—540 penalty units. In this section— licensee includes a former licensee and a person who is not licensed, but who acts as a licensee. real estate salesperson includes a former real estate salesperson and a person who is not a real estate salesperson, but who acts as a real estate salesperson. 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.206-ssec.1) This section applies if a licensee in performing the activities of a licensee or a real estate salesperson in performing the activities of a real estate salesperson— receives an amount belonging to someone else; or falsely accounts for money. (sec.206-ssec.2) The licensee or real estate salesperson commits a crime if the licensee or salesperson— 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. Maximum penalty—1,000 penalty units or 5 years imprisonment. (sec.206-ssec.3) For a prosecution under subsection (2) (a) , it is enough for the prosecution to prove the licensee or real estate 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 the amount belonged to a particular person. (sec.206-ssec.4) If conduct alleged to constitute an offence under 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 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.206-ssec.5) A licensee or real estate salesperson, in performing the activities of a licensee or real estate 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 has not in fact received the amount. Maximum penalty—540 penalty units. (sec.206-ssec.6) In this section— licensee includes a former licensee and a person who is not licensed, but who acts as a licensee. real estate salesperson includes a former real estate salesperson and a person who is not a real estate salesperson, but who acts as a real estate salesperson. 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.