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Conveyancers Licensing Regulation 2021
20Receipt and withdrawal of money for costs and disbursements—the Act, s 53(3)(a)
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#### 20 Receipt and withdrawal of money for costs and disbursements—the Act, s 53(3)(a)
20 Receipt and withdrawal of money for costs and disbursements—the Act, s 53(3)(a)
> > (1) This section prescribes the procedure a licensee must follow to withdraw or receive, from trust money, money due to the licensee for costs.
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> > (2) The licensee—
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> > > (a) must have disclosed, under the Act, Part 3, Division 5, the costs and other matters required to be disclosed under the Act, section 36 to the person from whom or on whose behalf the licensee has received the trust money, or
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> > > (b) must be able to claim, under the Act, section 39, that the disclosure was not required because, in the circumstances, it was not reasonable to require it.
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> > (3) The licensee must give the person a bill or account of the costs together with written notice that, unless the person objects, the licensee intends, at the expiration of 30 days (the notice period) after giving the person the bill or account, to—
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> > > (a) withdraw the money, and
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> > > (b) apply it towards payment of the bill or account.
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> > (4) One of the following circumstances must apply—
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> > > (a) the person has authorised in writing the withdrawal or receipt,
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> > > (b) the notice period has expired and the person has not, within the notice period, made an objection,
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> > > (c) the person has made an objection within the notice period but has not, within the period prescribed under section 12(b), notified the Tribunal of a dispute about the costs concerned.