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LEGAL PROFESSION ACT 2006 - SECT 214 Application of pt 3.1 to law practices and trust money

LEGAL PROFESSION ACT 2006 - SECT 214

Application of pt 3.1 to law practices and trust money

    (1)     This part applies to the following law practices in relation to trust money received by them in the ACT:

        (a)     a law practice that has an office in the ACT, whether or not the practice has an office in another jurisdiction;

        (b)     a law practice that does not have an office in any jurisdiction at all.

    (2)     To remove any doubt, it is intended that a law practice that receives trust money in the ACT, that does not have an office in the ACT, but that has an office in another jurisdiction, must deal with the money in accordance with the corresponding law of the other jurisdiction.

    (3)     This part applies to the following law practices in relation to trust money received by them in another jurisdiction:

        (a)     a law practice that has an office in the ACT and in no other jurisdiction;

        (b)     a law practice that has an office in the ACT and in 1 or more other jurisdictions but not in the jurisdiction in which the trust money was received, unless the money is dealt with in accordance with the corresponding law of another jurisdiction.

    (4)     However, this part does not apply to law practices, or kinds of trust money, prescribed by regulation for this subsection.

    (5)     A reference in this section to having an office in a jurisdiction is a reference to having, or engaging in legal practice from, an office or business address in the jurisdiction.

Note     Section 164 (Trust money and trust accounts—Australian-registered foreign lawyers) applies this part to Australian-registered foreign lawyers.