AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 242

Certain trust money to be deposited in general trust account

(1)  Subject to section 249 (Trust money received in the form of cash), as soon as practicable after receiving trust money, a law practice must deposit the money in a general trust account of the practice unless –
(a) the practice has a written direction by an appropriate person to deal with it otherwise than by depositing it in the account; or
(b) the money is controlled money; or
(c) the money is transit money; or
(d) the money is the subject of a power given to the practice or an associate of the practice to deal with the money for or on behalf of another person.
Penalty:  Fine not exceeding 100 penalty units.
(2)  Subject to section 249 , a law practice that has received money that is the subject of a written direction mentioned in subsection (1)(a) must deal with the money in accordance with the direction –
(a) within the period (if any) specified in the direction; or
(b) subject to paragraph (a) , as soon as practicable after it is received.
Penalty:  Fine not exceeding 100 penalty units.
(3)  The law practice must keep a written direction mentioned in subsection (1)(a) for the period prescribed by the regulations.
Penalty:  Fine not exceeding 50 penalty units.
(4)  A person is an " appropriate person " for the purposes of this section if the person is legally entitled to give the law practice directions in respect of dealings with the trust money.



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