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Legal Profession Act 2006
224Controlled money
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224 Controlled money
(1) As soon as practicable after receiving controlled money, a law
practice must deposit the money in the account stated in the written
direction relating to the money.
(2) The law practice must hold controlled money deposited in a
controlled money account in accordance with subsection (1)
exclusively for the person on whose behalf it was received.
(3) The law practice that holds controlled money deposited in a
controlled money account in accordance with subsection (1) must not
disburse the money except in accordance with—
(a) the written direction mentioned in that subsection; or
(b) a later written direction given by or on behalf of the person on
whose behalf the money was received.
(4) The law practice must keep the controlled money account, and
account for the controlled money, as required by regulation.
(5) The law practice must keep a written direction mentioned in this
section for the period prescribed by regulation.
(6) The law practice must ensure that the controlled money account is
used for the deposit of controlled money received on behalf of the
person mentioned in subsection (2), and not for the deposit of
controlled money received on behalf of anyone else, except to the
extent that a regulation otherwise allows.
(7) Subsection (3) applies subject to an order of a court of competent
jurisdiction or as authorised by law.
(8) If a law practice that is an Australian legal practitioner who is a sole
(1), (2), (3), (4), (5) or (6), the practitioner or practice commits an
(9) If a law practice that is a law firm, or a multidisciplinary partnership,
contravenes subsection (1), (2), (3), (4), (5) or (6), each principal of
the practice commits an offence
(10) An offence against subsection (8) or (9) is a strict liability offence.