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LEGAL PROFESSION ACT 2006 - SECT 230 Deficiency in trust account

LEGAL PROFESSION ACT 2006 - SECT 230

Deficiency in trust account

    (1)     An Australian legal practitioner commits an offence if the practitioner causes

        (a)     a deficiency in any trust account or trust ledger account; or

        (b)     a failure to pay or deliver any trust money.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) does not apply if the Australian legal practitioner has a reasonable excuse.

    (3)     In this section:

"account", in relation to an Australian legal practitioner, includes an account of the practitioner or of the law practice of which the practitioner is an associate.

"cause" a deficiency or failure—a person's conduct causes a deficiency or failure if it is responsible for the deficiency or failure.

"deficiency" in a trust account or trust ledger account includes the non-inclusion or exclusion of all or any part of an amount that is required to be included in the account.