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s 68A

Client may ask agent for separate trust account

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Part VIAgents’ trust accounts

68A Client may ask agent for separate trust account

(1)

A person may request that moneys paid by that person to an agent in respect of a transaction be deposited to the credit of a separate interest bearing trust account maintained in accordance with section 68.

(2)

A request shall be in writing.

(3)

An agent shall, subject to subsection (4), comply with a request.

(4)

Where requirements are prescribed under subsection (6), an agent shall only comply with a request if satisfied that those requirements have been met.

(5)

An agent shall ensure that all interest credited to a separate account is paid to the person who requested the deposit of moneys in that account.

(6)

Regulations made under section 145 may prescribe requirements to be met before a request can be complied with and, without limiting this subsection, those requirements may relate to —

(a)

the amount of moneys paid to the agent; or

(b)

the type of transaction in respect of which the moneys are paid; or

(c)

the length of time for which the moneys are to be deposited.

(7)

In this section —

request means a request under subsection (1).

[Section 68A inserted: No. 59 of 1995 s. 14.]

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Section 68A — Client may ask agent for separate trust account — Real Estate and Business Agents Act 1978 (Western Australia) — Barrister AI