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Crimes Act 1961 (Reprint as at 1 June 2005)  010
10: Crimes against rights of property
220   Theft by person in special relationship



   220 Theft by person in special relationship

  (1)  This section applies to any person who has received or is in possession
of, or has control over, any property on terms or in circumstances that the
person knows require the person---

      (a)  to account to any other person for the property, or for any proceeds
arising from the property; or

      (b)  to deal with the property, or any proceeds arising from the
property, in accordance with the requirements of any other person.

  (2)  Every one to whom subsection (1) applies commits theft who intentionally
fails to account to the other person as so required or intentionally deals with
the property, or any proceeds of the property, otherwise than in accordance
with those requirements.

  (3)  This section applies whether or not the person was required to deliver
over the identical property received or in the person's possession or control.

  (4)  For the purposes of subsection (1), it is a question of law whether the
circumstances required any person to account or to act in accordance with any
requirements.

Compare: 1961 No 43 ss 222, 223, 224

Section 220: substituted, on 1 October 2003, by section 15 of the Crimes
Amendment Act 2003 (2003 No 39).
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