Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 575

Effect of service of notice of appointment

    (1)     After service on an ADI of a notice of the appointment of a supervisor of trust money of a law practice and while the appointment is in force, the ADI must ensure no funds are withdrawn or transferred from a trust account of the practice unless:

        (a)     the withdrawal or transfer is made by cheque or other instrument drawn on that account signed by the supervisor or a nominee of the supervisor; or

        (b)     the withdrawal or transfer is made by the supervisor or a nominee of the supervisor by means of electronic or Internet banking facilities; or

        (c)     the withdrawal or transfer is made in accordance with an authority to withdraw or transfer funds from the account signed by the supervisor or a nominee of the supervisor.

    (2)     A person is guilty of an offence if:

        (a)     the person is given notice of the appointment of a supervisor of trust money of a law practice; and

        (b)     while the appointment is in force, the person does any of the following:

            (i)     deals with any of the practice's trust money;

            (ii)     signs any cheque or other instrument drawn on a trust account of the practice;

            (iii)     authorises the withdrawal or transfer of funds from a trust account of the practice.

Maximum penalty:     100 penalty units.

    (3)     Subsection (2) does not apply to the supervisor or an ADI.

    (4)     A supervisor of trust money may, for subsection (1)(b), enter into arrangements with an ADI for withdrawing money from a trust account of the law practice concerned by means of electronic or Internet banking facilities.

    (5)     Any money that is withdrawn or transferred in contravention of subsection (1) may be recovered from the ADI concerned by the supervisor as a debt in any court of competent jurisdiction and any amount recovered is to be paid into a trust account of the law practice.



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