Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An ADI commits an offence if—
(a) an external intervener for a law practice produces to the ADI evidence of the appointment of the intervener in relation to the practice; and
(b) the external intervener requires the ADI to disclose to the external intervener whether the practice, or an associate of the practice, keeps or has kept an account with the ADI during the period stated by the intervener; and
(c) the ADI fails to comply with the requirement.
Maximum penalty: 50 penalty units.
(2) An ADI commits an offence if—
(a) an account is kept with the ADI by a law practice, or an associate of a law practice; and
(b) an external intervener for a law practice produces to the ADI evidence of the appointment of the intervener in relation to the practice; and
(c) the external intervener requires the ADI to give the intervener details of all accounts kept with the ADI by the law practice or the associate; and
(d) the ADI fails to comply with the requirement.
Maximum penalty: 50 penalty units.
(3) An ADI commits an offence if—
(a) an account is kept with the ADI by a law practice, or an associate of a law practice; and
(b) an external intervener for a law practice produces to the ADI evidence of the appointment of the intervener in relation to the practice; and
(c) the external intervener requires the ADI—
(i) to produce for inspection or copying by the intervener, or a nominee of the intervener, any records relating to the account or money deposited in the account; or
(ii) to give the intervener details of any transactions relating to the account or money; and
(d) the ADI fails to comply with the requirement.
Maximum penalty: 50 penalty units.
(4) If an external intervener for a law practice reasonably believes that trust money has, without the authorisation of the person who entrusted the trust money to the law practice, been deposited into the account of a third party who is not an associate of the practice, the ADI at which the account is kept must, if asked by the intervener, disclose to the intervener—
(a) whether a person stated by the intervener keeps or has kept an account with the ADI during the period stated by the intervener; and
(b) if so, details of the account.
(5) A request under this section may be general or limited to a particular kind of account.
(6) This section applies despite any territory law, law of the Commonwealth or duty of confidence to the contrary.
(7) An ADI or an officer or employee of an ADI is not liable for any loss or damage suffered by someone else because of the producing of records, or the giving of details, under subsection (3).