Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 483

Effect of service of notice of appointment of supervisor

    (1)     If an ADI is given notice under section 482 of the appointment of a supervisor of trust money of a law practice, then, while the appointment is in force, the ADI must ensure that no funds are withdrawn or transferred from a trust account of the practice unless—

        (a)     the withdrawal or transfer is made by cheque or other instrument drawn on the account signed by the supervisor or a nominee of the supervisor; or

        (b)     the withdrawal or transfer is made by the supervisor or a nominee of the supervisor using electronic or internet banking facilities; or

        (c)     the withdrawal or transfer is made in accordance with an authority to withdraw or transfer funds from the account signed by the supervisor or a nominee of the supervisor.

    (2)     A person commits an offence if—

        (a)     the person is given notice under section 482 of the appointment of a supervisor of trust money of a law practice; and

        (b)     while the appointment is in force, the person does any of the following:

              (i)     deals with any of the practice's trust money;

              (ii)     signs a cheque or other instrument drawn on a trust account of the practice;

              (iii)     authorises the withdrawal or transfer of funds from a trust account of the practice.

Maximum penalty: 50 penalty units.

    (3)     Subsection (2) does not apply to an ADI or the supervisor of trust money of the law practice.

    (4)     An offence against this section is a strict liability offence.

    (5)     The supervisor of trust money of a law practice may, for subsection (1) (b), enter into arrangements with an ADI for withdrawing funds from a trust account of the practice using electronic or internet banking facilities.

    (6)     If an amount is withdrawn or transferred in contravention of subsection (1) from a trust account of a law practice kept with an ADI, the supervisor for the practice may recover the amount from the ADI as a debt in a court of competent jurisdiction.

    (7)     The supervisor for the law practice must pay any amount recovered from the ADI under subsection (6) into the trust account of the practice.



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