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CRIMES ACT 1900 - SECT 178A
Fraudulent misappropriation of moneys collected or received
178A Fraudulent misappropriation of moneys collected or received
Whosoever having collected or received any money or valuable security upon
terms requiring him or her to deliver or account for or pay to any person the
whole or any part of:
(a) such money or valuable security or the proceeds
thereof, or
(b) any balance of such money, valuable security, or proceeds
thereof after any authorised deductions or payments have been made thereout,
fraudulently misappropriates to his or her own use or the use of any other
person, or fraudulently omits to account for or pay the whole or any part of
such money, valuable security, or proceeds, or the whole or any part of such
balance in violation of the terms on which he or she collected or received
such money or valuable security, shall be liable to imprisonment for seven
years.
For the purposes of this section any such money, valuable security, or
proceeds thereof, or any balance thereout shall be deemed to be the property
of the person who authorised the collection or receipt of the money or
valuable security or from whom the money or valuable security was received
notwithstanding that the accused may have been authorised to make any
deduction thereout on his or her own behalf, or any payment thereout to
another person, or to mix such money, valuable security, or proceeds thereof,
or such balance with his or her own moneys.
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