18Electronic records

#### 18 Electronic records 18 Electronic records > > (1) For the purposes of the Act, section 172(2)(d), a licensee who keeps records for the purposes of this Part electronically must comply with this section. > > > > Maximum penalty—40 penalty units for a corporation or 20 penalty units for an individual. > > > (2) The licensee must keep a record, compiled in chronological sequence, of all changes, by creation, amendment or deletion, to any of the following information kept electronically, showing the details of the information before and after the change— > > > > > (a) client name, > > > > > (b) client address, > > > > > (c) matter number, > > > > > (d) matter description, > > > > > (e) client number, > > > > > (f) trust account number. > > > (3) The licensee must ensure that computer programs relating to ledgers are not capable of the following— > > > > > (a) accepting the entry of a transaction resulting in a debit balance to an account unless a contemporaneous record of the transaction is made in a way that enables the production in viewable form, of a separate chronological report of each transaction, > > > > > (b) amending the particulars of a transaction already recorded otherwise than by a separate transaction effecting the amendment, > > > > > (c) deleting an account unless— > > > > > > > (i) the balance of the account is zero, and > > > > > > > (ii) when the account is deleted, a record of the account will be kept in viewable form. > > > (4) The licensee must also ensure the following— > > > > > (a) each computer program requires input in each field of a data entry screen intended to receive information required, under this Regulation, to be included in trust records, > > > > > (b) entries in the ledger of a journal balance before further entries are made, > > > > > (c) journal reference numbers are allocated in sequence by the computer program, > > > > > (d) entries in a record kept in viewable form appear in chronological sequence, > > > > > (e) a report, or each page of or entry in a report, is numbered in sequence by the computer program in a manner that enables easy verification of the completeness of the records required to be kept under this Regulation, > > > > > (f) a back-up copy of all records required to be kept under this Regulation that are kept electronically is made by electronic means at least once in every four weeks, > > > > > (g) the most recent back-up copy is kept in a place where any incident, including, for example, a power failure, that could adversely affect the records would not also affect the back-up copy. > > **s 18:** Am 2024 No 25, Sch 2.2\[1\] \[2\].