QLD Criminal Law - Retained Charter Income Without Owners' Knowledge?

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Davidburge

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3 June 2019
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A company manages a fleet of privately owned vessels under individual contracts to the vessel owner, the company retains monies earned by the vessels without the owners' knowledge. Does this constitute an offence under the Queensland Crimes Act? The contract states that all earnings by the vessels shall go to the owner, it then goes on to outline the percentage to be paid to the management company.
 

Rod

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27 May 2014
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Unless you are talking significant amounts of money I suspect the police will say it is a civil matter.

With a company involved the police would need to prove the people making the decisions knew they were acting illegally, rather than just a misunderstanding. There are 3-5 different crimes that may have been committed. I know next to nothing about QLD police investigating these types of crimes.

You also have to consider what happens to the recovery of owed money if the directors are fined or placed in jail.