Withdrawing trust money from general trust account
250 Withdrawing trust money from general trust account
A law practice must not withdraw trust money from a general trust account otherwise than by—
cheque; or
if the practice is authorised by the law society to withdraw trust money from a general trust account by electronic funds transfer—electronic funds transfer.
Maximum penalty—50 penalty units.
Without limiting subsection (1), the following are specifically prohibited by the subsection—
cash withdrawals;
ATM withdrawals or transfers;
telephone banking withdrawals or transfers;
unless the law practice is authorised by the law society to withdraw trust money from a general trust account by electronic funds transfer—withdrawals by electronic funds transfer.
A regulation may make provision in relation to withdrawals by cheque or electronic funds transfer, including, for example, the matters the law society must have regard to in deciding to authorise a law practice to withdraw trust money from a general trust account by electronic funds transfer.
This section has effect despite anything to the contrary in a direction given to the law practice concerned, even if the direction is given by a person who is otherwise legally entitled to give the law practice directions in relation to dealings with the trust money.
This Act’s bill:Explanatory memorandum
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