LEGAL PROFESSION ACT 1987 - SECT 68 Money not claimed from solicitor

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 68

68 Money not claimed from solicitor

(1) If a solicitor holding money in a trust account cannot find the person on whose behalf the money is held or a person authorised to receive it, the solicitor may:

(a) pay the money to the Treasurer for credit to the Consolidated Fund, and

(b) provide the Treasurer with such information as the Treasurer requires in relation to the money and the person on whose behalf the money was held by the solicitor.

(2) If a solicitor pays money to the Treasurer under subsection (1), the solicitor is relieved from any further liability in relation to the money.

(3) The Treasurer shall pay money deposited under this section to a person who satisfies the Treasurer as to his or her entitlement to the money.

(4) Payment of money to a person under subsection (3):

(a) discharges the Crown and the Treasurer from any liability in relation to the money, and

(b) does not discharge the person from any liability to another person who establishes a right to the money.

(5) The Treasurer may require any person to provide information that the person has, or can obtain, about the entitlement of a person to money paid to the Treasurer under this section and attempts made to locate the person.

(6) A person of whom a requirement is made under subsection (5):

(a) shall comply with the requirement, and

(b) shall not, in purported compliance with the requirement, give information that he or she knows is false or misleading in a material particular.

Maximum penalty (subsection (6)): 5 penalty units.