Victorian Current Acts

ESTATE AGENTS ACT 1980 - SECT 91

    (1)     Without affecting the operation of Division two of Part I of the Crimes Act 1958 any estate agent who—

        (a)     fraudulently converts to his own use—

              (i)     any moneys received or held by him on behalf of any person in respect of any transaction in his capacity of estate agent; or

              (ii)     any moneys so received or held which are held by him as a stakeholder or in trust pending the completion of any transaction—

or any part of any such moneys; or

        (b)     fraudulently omits to account for deliver or pay—

              (i)     any moneys received or held by him as aforesaid on behalf of any person or in part thereof to that person; or

              (ii)     any moneys so received or held by him which are or were held by him as a stakeholder or in trust pending the completion of any transaction or any part of those moneys to the person entitled thereto; or

        (c)     fraudulently renders an account—

              (i)     of any moneys received or held by him as aforesaid on behalf of any person or any part of such moneys; or

              (ii)     of any moneys received or held by him as aforesaid which are or were held by him as a stakeholder in trust pending the completion of any transaction or any part of such moneys—

knowing such account to be false in any material particular—

shall be guilty of an indictable offence and be liable, if a corporation, to a penalty of not more than 1000 penalty units or, if any other person, to a penalty of not more than 500 penalty units or, to imprisonment for a term of not more than ten years.

S. 91(2) inserted by No. 41/2003 s. 48.

    (2)     Without affecting the operation of Division 2 of Part I of the Crimes Act 1958 , any agent's representative or other employee of an estate agency business who—

        (a)     fraudulently converts to his or her own use—

              (i)     any moneys received or held by him or her in the course of his or her duties as an agent's representative or other employee; or

              (ii)     any moneys received or held by his or her employer in the employer's capacity as an estate agent; or

        (b)     fraudulently omits to account for, deliver or pay—

              (i)     any moneys received or held by him or her in the course of his or her duties as an agent's representative or other employee; or

              (ii)     any moneys received or held by his or her employer in the employer's capacity as an estate agent; or

        (c)     fraudulently renders an account of—

              (i)     any moneys received or held by him or her in the course of his or her duties as an agent's representative or other employee knowing such account to be false in any material particular; or

              (ii)     any moneys received or held by his or her employer in the employer's capacity as an estate agent knowing such account to be false in any material particular—

is guilty of an indictable offence and is liable to a penalty of not more than 500 penalty units or to a term of imprisonment of not more than 10 years.

Pt 7A (Heading and ss 91A–91Y) inserted by No. 86/1994 s. 4, amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 52/1998 s. 106.

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Part VIII—Miscellaneous

S. 92 amended by Nos 9925 s. 5(a), 86/1994 s. 47(zzb)(i)(ii), 52/1998
s. 107, substituted by No. 8/2003 s. 57.