Criminal Code Act 1924
254Fraud on sale or mortgage of property
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254 Fraud on sale or mortgage of property
[Section 254 Amended by 25 Geo. V No. 78 ]
(1) [Section 254 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] Any person who, being a seller or mortgagor of any property, or being the Australian legal practitioner or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud –
(a) conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or
(b) falsifies any pedigree on which the title depends or may depend –
is guilty of a crime.
Charge: Fraud on disposition of property.
(2) No proceedings shall be instituted under this section without the leave of a judge, which may be granted upon the ex parte application of the prosecutor, or, if the judge so directs, upon summons to be served upon the person against whom the proceedings are intended.