The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL CODE ss. 435,436 135
tlie thing having been converted into other property whatsoever or rnort-
gaged or pledged or exchanged for other property as referred to in section
four hundred and thirty-three of The Criminal Code another person
has acquired a lawful title to such other property or the proceeds or part
proceeds of such. conversion, mortgage, pledge or exchange, a subsequent
receiving of the thing or, as the case may be, of such other property or
proceeds or part proceeds, is not an offence although the receiver knows
that the thing has previously been so obtained.
As amended by the Criminal Code Correction of Errors Act of 1900, 64 Vic. No.
7, s. 1; and Act of 1943, 7 Geo. 4 No. 14, s. 19.
very of by ~~~~~ of
n who or obtains, or
corruptly agrees to receive or obtain, any property or benefit of any
kind upon an agreement or understanding that he will help any person
to recover anything which has been obtained by means of any act constituting
an indictable offence, or by means of any act done at a place not
in Queensland which if it had been done in Queensland would have
constituted an indictable offence, and which is an offence under the laws
in force in the place where it was done, is, unless he has used all due
diligence to cause thc offender to be brought to trial for the offence,
guilty of a crime, and is liable to imprisonnxmt with hard labour for
seven years.
C‘FIAPTER XEII-FRAVDS BY TRUSTEES AND BFFICERS OF COMPANIES AND
CORPORATIQNS : FALSE ACCOUNTING
. Any person who,
being a trustee of any property, destroys the property with intent t~
defraud, or with intent to defraud converts the property to any use not
authorised by the trust, is guilty of a crime, and is liable to imprisonment
with hard labour for ten years, with or without solitary c ~n~n~~ent.
The offender cannot be arrested without warrant.
If civil proceedings have been taken against a trustee in respect
of any act done by him which is an oBence under the provisions of this
section, he cannot be afterwards prosecuted for the same cause, as for an
offence, on the complaint of the person by whom the civil proceedings
were taken, without the sanction 5f the court or judge before whom the
civil proceedings were had or are pending.
For the purposes sP this section the term “Trustee” includes the
following persons and no others, that is to say,-
A trustee within the meaning of The Trust Accounts Acts,
1923 to 1925, or any Act in amendment thereof QP in substitution
theref or;
Trustees upon express trust created by a deed, will, or instrument
in writing, whether for a public or private or charitable purpose;
Trustecs appointed by or under the a~thor~ty of a Statute for
any such purpose;
Persons upon whom the duties of any such trust as aforesaid
devolve;
Executors and administrators;
Liquidators, trustees, and other like officers, acting under any
law relating to joint stock companies or to insolvent debtors, by
whomsoever appointed or elected.
As amended by Act of 1945, 9 @eo. 6 No. 11, S. 10; Act of 1975, No. 27,
s. 41 Sch.