QLDIn ForceAct
Agents Financial Administration Act 2014
sec.42Chief executive may give directions about agent’s accounts in particular cases
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### sec.42 Chief executive may give directions about agent’s accounts in particular cases
The chief executive may decide to give a direction under subsection (2) if the chief executive believes, on reasonable grounds—
any of the following persons has, or may have, stolen or misappropriated or misapplied trust money—
an agent;
the person in charge of an agent’s business;
an employee of an agent; or
an agent has abandoned the agent’s business.
The chief executive may direct, by signed writing—
if a claim has been made against the fund for the trust money—that all or part of the amount to the credit of a stated account be paid to the chief executive; or
that an amount must not be drawn from a stated account other than with the chief executive’s written approval; or
that a stated account may be operated only under stated conditions.
The direction must—
be given to each holder of the account and the financial institution where the account is kept; and
state the account to which it relates; and
if it includes a direction under subsection (2) (c) , state the conditions under which the account may be operated.
If an amount is paid to the chief executive under subsection (2) (a) , the chief executive must pay the amount to the consolidated fund.
(sec.42-ssec.1) The chief executive may decide to give a direction under subsection (2) if the chief executive believes, on reasonable grounds— any of the following persons has, or may have, stolen or misappropriated or misapplied trust money— an agent; the person in charge of an agent’s business; an employee of an agent; or an agent has abandoned the agent’s business.
(sec.42-ssec.2) The chief executive may direct, by signed writing— if a claim has been made against the fund for the trust money—that all or part of the amount to the credit of a stated account be paid to the chief executive; or that an amount must not be drawn from a stated account other than with the chief executive’s written approval; or that a stated account may be operated only under stated conditions.
(sec.42-ssec.3) The direction must— be given to each holder of the account and the financial institution where the account is kept; and state the account to which it relates; and if it includes a direction under subsection (2) (c) , state the conditions under which the account may be operated.
(sec.42-ssec.4) If an amount is paid to the chief executive under subsection (2) (a) , the chief executive must pay the amount to the consolidated fund.
- (a) any of the following persons has, or may have, stolen or misappropriated or misapplied trust money— (i) an agent; (ii) the person in charge of an agent’s business; (iii) an employee of an agent; or
- (i) an agent;
- (ii) the person in charge of an agent’s business;
- (iii) an employee of an agent; or
- (b) an agent has abandoned the agent’s business.
- (i) an agent;
- (ii) the person in charge of an agent’s business;
- (iii) an employee of an agent; or
- (a) if a claim has been made against the fund for the trust money—that all or part of the amount to the credit of a stated account be paid to the chief executive; or
- (b) that an amount must not be drawn from a stated account other than with the chief executive’s written approval; or
- (c) that a stated account may be operated only under stated conditions.
- (a) be given to each holder of the account and the financial institution where the account is kept; and
- (b) state the account to which it relates; and
- (c) if it includes a direction under subsection (2) (c) , state the conditions under which the account may be operated.