AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 231

Interpretation

(1)  In this Part –
deposit record includes a deposit slip or duplicate deposit slip;
external examination means an external examination under Division 5 of a law practice’s trust records;
external examiner means a person holding an appointment as an external examiner under Division 5 ;
investigation means an investigation under Division 4 of the affairs of a law practice;
investigator means a person holding an appointment as an investigator under Division 4 ;
permanent form , in relation to a trust record, means printed or, on request, capable of being printed in English on paper or other material;
power includes authority;
transit money means money received by a law practice subject to instructions to pay or deliver it to a third party, other than an associate of the practice;
trust money means money entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, and includes –
(a) money received by the practice on account of legal costs in advance of providing the services; and
(b) controlled money received by the practice; and
(c) transit money received by the practice; and
(d) money received by the practice, that is the subject of a power, exercisable by the practice or an associate of the practice, to deal with the money for or on behalf of another person;
trust records includes the following documents:
(a) receipts;
(b) cheque butts or cheque requisitions;
(c) records of authorities to withdraw by electronic funds transfer;
(d) deposit records;
(e) trust account ADI statements;
(f) trust account receipts and payments cash books;
(g) trust ledger accounts;
(h) records of monthly trial balances;
(i) records of monthly reconciliations;
(j) trust transfer journals;
(k) statements of account as required to be furnished under the regulations;
(l) registers required to be kept under the regulations;
(m) monthly statements required to be kept under the regulations;
(n) files relating to trust transactions or bills of costs or both;
(o) written directions, authorities or other documents required to be kept under this Act or the regulations;
(p) supporting information required to be kept under the regulations in relation to powers to deal with trust money.
(2)  A reference in this Part to a law practice's trust account or trust records includes a reference to an associate's trust account or trust records.
(3)  A reference in this Part to a power given to a law practice or an associate of the practice to deal with money for or on behalf of another person is a reference to a power given to the practice or associate that is exercisable by –
(a) the practice alone; or
(b) an associate of the practice alone (otherwise than in a private and personal capacity); or
(c) the practice or an associate of the practice jointly or severally, or jointly and severally, with either or both of the following:
(i) one or more associates of the practice;
(ii) the person, or one or more nominees of the person, for whom or on whose behalf the money may or is to be dealt with under the power.



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