Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 499

Power of receiver to take possession of regulated property

    (1)     A receiver for a law practice may take possession of regulated property of the practice.

    (2)     A person in possession or having control of regulated property of the law practice must allow the receiver to take possession of the regulated property if the receiver requires the person to allow the receiver to take possession of it.

    (3)     If a person contravenes subsection (2) in relation to regulated property, the Supreme Court may, on application by the receiver, order the person to give the property to the receiver.

    (4)     If, on application made by the receiver, the Supreme Court is satisfied that an order made under subsection (3) has not been complied with, the court may order the seizure of any regulated property of the law practice on the premises stated in the order and make any further orders it considers appropriate.

    (5)     An order under subsection (4) operates to authorise—

        (a)     any police officer; or

        (b)     the receiver or a person authorised by the receiver, together with any police officer;

to enter the premises stated in the order and search for, seize and remove anything that appears to be regulated property of the law practice.

    (6)     The receiver must return anything seized under this section that is not regulated property of the law practice.



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