230Deficiency in trust account

230 Deficiency in trust account (1) An Australian legal practitioner commits an offence if the practitioner causes— (a) a deficiency in any trust account or trust ledger account; or (b) a failure to pay or deliver any trust money. (2) Subsection (1) does not apply if the Australian legal practitioner has a reasonable excuse.

account, in relation to an Australian legal practitioner, includes an account of the practitioner or of the law practice of which the practitioner is an associate. cause a deficiency or failure—a person’s conduct causes a deficiency or failure if it is responsible for the deficiency or failure. deficiency in a trust account or trust ledger account includes the non- inclusion or exclusion of all or any part of an amount that is required to be included in the account.