QLDIn ForceAct
Agents Financial Administration Act 2014
sec.11Requirements for opening and keeping trust accounts
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### sec.11 Requirements for opening and keeping trust accounts
An agent must not open a general trust account or special trust account at a place other than the office or branch of an approved financial institution within the State.
Maximum penalty—200 penalty units.
A special trust account is a trust account created under section 17 in which an amount is held for investment at the direction of both parties to a sale.
Before opening a general trust account or special trust account the agent must give the manager or other officer in charge of the financial institution’s office or branch—
if the person is a licensee—a copy of the licensee’s licence; or
if the person is a collection agent—a copy of the collection agent’s authority to open the account granted under section 10 .
Maximum penalty—200 penalty units.
Subsection (4) applies if—
a collection agent who is not a licensee keeps a general trust account at a financial institution under this part; and
the collection agent becomes a licensee; and
the collection agent intends to continue using the agent’s existing general trust account for transactions carried out under the licence.
The agent must, within 7 days after receiving the licence, give the manager or other officer in charge of the financial institution’s office or branch a copy of the licence.
Maximum penalty—200 penalty units.
(sec.11-ssec.1) An agent must not open a general trust account or special trust account at a place other than the office or branch of an approved financial institution within the State. Maximum penalty—200 penalty units. A special trust account is a trust account created under section 17 in which an amount is held for investment at the direction of both parties to a sale.
(sec.11-ssec.2) Before opening a general trust account or special trust account the agent must give the manager or other officer in charge of the financial institution’s office or branch— if the person is a licensee—a copy of the licensee’s licence; or if the person is a collection agent—a copy of the collection agent’s authority to open the account granted under section 10 . Maximum penalty—200 penalty units.
(sec.11-ssec.3) Subsection (4) applies if— a collection agent who is not a licensee keeps a general trust account at a financial institution under this part; and the collection agent becomes a licensee; and the collection agent intends to continue using the agent’s existing general trust account for transactions carried out under the licence.
(sec.11-ssec.4) The agent must, within 7 days after receiving the licence, give the manager or other officer in charge of the financial institution’s office or branch a copy of the licence. Maximum penalty—200 penalty units.
- (a) if the person is a licensee—a copy of the licensee’s licence; or
- (b) if the person is a collection agent—a copy of the collection agent’s authority to open the account granted under section 10 .
- (a) a collection agent who is not a licensee keeps a general trust account at a financial institution under this part; and
- (b) the collection agent becomes a licensee; and
- (c) the collection agent intends to continue using the agent’s existing general trust account for transactions carried out under the licence.