New South Wales Consolidated Regulations

LEGAL PROFESSION REGULATION 2005 - REG 78

78 Withdrawal of controlled money must be authorised

(1) A withdrawal of money from a controlled money account of a law practice must be effected by, under the direction of or with the authority of:

(a) an authorised principal of the law practice, or

(b) if a principal referred to in paragraph (a) is not available:

(i) an authorised legal practitioner associate, or

(ii) an authorised Australian legal practitioner who holds an unrestricted practising certificate authorising the receipt of trust money, or

(iii) two or more authorised associates jointly.

(2) A written record of the required particulars must be kept of each withdrawal unless at the time the withdrawal is made those particulars are recorded by computer program.

(3) If at the time the withdrawal is made the required particulars are recorded by computer program, a written record must be kept that is sufficient to enable the accuracy of the particulars recorded by the computer program to be verified.

(4) For the purposes of subclauses (2) and (3), the "required particulars" are as follows:

(a) the date and number of the transaction,

(b) the amount withdrawn,

(c) in the case of a transfer made by electronic funds transfer-the name and number of the account to which the amount was transferred and the relevant BSB number,

(d) the name of the person to whom payment is to be made or, in the case of a payment to an ADI, the name or BSB number of the ADI and the name of the person receiving the benefit of the payment,

(e) details clearly identifying the name of the person on whose behalf the payment was made and the matter reference,

(f) particulars sufficient to identify the purpose for which the payment was made,

(g) the person or persons effecting, directing or authorising the withdrawal.

(5) The particulars are to be recorded in the order in which the payments are recorded and are to be recorded separately for each controlled money account.

(6) In this clause:
"associate" means an associate of the law practice.
"authorised" means authorised by the law practice to effect, direct or give authority for a withdrawal of money from the controlled money account.