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ARTICLE · 28 DECEMBER 2022

Misappropriation in NSW law

Misappropriation is understood to be the unlawful, improper or unauthorised use of funds.

AustraliaCriminal Law

Misappropriation can be understood as the unlawful, improper or unauthorised use of funds. In other words, it can be understood as 'stealing' of money from bank account or funds or other property for personal use.

Under the New South Wales Crimes Act, (1900) fraudulent misappropriation is a criminal offence. It has a maximum penalty of imprisonment of up to seven years. Asset misappropriation fraud can occur when an employee steals from within the organisation for personal interests.

Notably, misappropriation includes cash theft such that the cash flow of an organisation suffers. It cannot involve stealing of physical assets like stationery items.

Sometimes, employees may make false expense claims. Payroll fraud and data theft are also examples of misappropriation. In this article, we will discuss some points in relation to misappropriation of assets and funds.

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