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LEGAL PROFESSION ACT 2006 - SECT 222 Certain trust money to be deposited in general trust account

LEGAL PROFESSION ACT 2006 - SECT 222

Certain trust money to be deposited in general trust account

    (1)     As soon as practicable after receiving trust money, a law practice must deposit the money in a general trust account of the practice kept in the ACT.

    (2)     Subsection (1) does not apply if—

        (a)     the practice kept in the ACT has a written direction by an appropriate person to deal with the money 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 kept in the ACT or an associate of the practice kept in the ACT to deal with the money for or on behalf of someone else.

    (3)     For subsection (2) (a), a direction that the money be deposited in a general trust account of the practice that is not kept in the ACT has effect only if the practice—

        (a)     is authorised by the law society council to deposit the money in a general trust account of the practice that is not kept in the ACT; and

        (b)     has complied with any conditions put on the authorisation by the council.

    (4)     A law practice that has received money that is the subject of a written direction mentioned in subsection (2) (a) must deal with the money in accordance with the direction—

        (a)     within the period (if any) stated in the direction; or

        (b)     subject to paragraph (a), as soon as practicable after it is received.

    (5)     The law practice must keep a written direction mentioned in subsection (2) (a) for the period prescribed by regulation.

    (6)     If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), (4) or (5), the practitioner or practice commits an offence.

Maximum penalty: 50 penalty units.

    (7)     If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), (4) or (5), each principal of the practice kept in the ACT commits an offence.

Maximum penalty: 50 penalty units.

Note     For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)).

    (8)     An offence against subsection (6) or (7) is a strict liability offence.

    (9)     This section is subject to section 226A (Trust money received in form of cash).

    (10)     For this section, a person is an appropriate person in relation to trust money received by a law practice if the person is legally entitled to give the practice kept in the ACT directions about dealings with the money.