Trust Accounts Act 1973

An auditor appointed by the Minister to examine and audit the books, accounts and records of and trust moneys and securities held by a trustee may for the purpose of carrying out the examination and audit—

examine on oath the trustee concerned and, where the trustee carries on practice or business in partnership, any of the members of the partnership and any of the trustee’s employees and agents and, where the trustee carries on practice or business in partnership, any of the firm’s employees and agents and any other auditor appointed under this Act in relation to those books, accounts, records, moneys and securities; and

employ such persons as the auditor considers necessary; and

by instrument in writing under the auditor’s hand authorise any person employed by the auditor to do, in relation to the examination and audit, any act or thing that the auditor could himself or herself do in the auditor’s capacity as auditor, except to examine any person on oath or to exercise the powers conferred by this paragraph.

Where an agent of the trustee is an employee of a financial institution, then for the purposes of this section and section 26, the term agent includes the manager and accountant of the office or branch of the financial institution at which the trustee has deposited any trust moneys in any account and any other officer of the financial institution at that office or branch who in the opinion of the auditor appointed by the Minister under section 21 or 22 is able to give information concerning the affairs of the trustee.