Certain trust money to be deposited in general trust account
246 Certain trust money to be deposited in general trust account
(1) As soon as practicable after receiving trust money, a law practice must deposit the money in a general trust account of the practice.
Subsection (1) does not apply if:
(a) the practice has a written direction by an appropriate person to deal with it otherwise than by depositing it in the account; or
the money is controlled money; or
the money is transit money; or
(d) the money is the subject of a power given to the practice or an associate of the practice to deal with the money for or on behalf of another person.
(3) A law practice that has received money that is the subject of a written direction mentioned in subsection (2)(a) must deal with the money in accordance with the direction:
within the period (if any) specified in the direction; or
(b) subject to paragraph (a), as soon as practicable after it is received.
(4) The law practice must keep a written direction mentioned in subsection (2)(a) for the period prescribed by the regulations.
(5) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), (3) or (4), the practitioner or practice is guilty of an offence.
Maximum penalty: 500 penalty units.
(6) If a law practice that is a law firm or multi-disciplinary partnership contravenes subsection (1), (3) or (4), each principal of the practice is guilty of an offence.
Maximum penalty: 500 penalty units.
(7) An offence against subsection (5) or (6) is an offence of strict liability.
(8) A person is an appropriate person for this section if the person is legally entitled to give the law practice directions in respect of dealings with the trust money.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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