ACTIn ForceAct
Legal Profession Act 2006
253Statutory deposits
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253 Statutory deposits
(1) A regulation may require the following:
(a) a law practice to pay amounts out of a general trust account of
the practice into an ADI account kept by the law society
(a statutory deposit account);
(b) the law society to pay interest on money in a statutory deposit
account into another ADI account kept by the law society
(a statutory interest account).
(2) A regulation may make provision in relation to the following:
(a) the type of account to be kept by the law society;
(b) payments to be made to the account;
(c) the use of money in the account;
(d) for a statutory interest account—the person entitled to interest
on the money in the account.
(3) For subsection (2) (d), a regulation may require the ADI to pay
interest to the law society.
(4) Subject to any regulation made under subsection (2) (c) or (d), the
law society may, with the Attorney-General’s written consent given
either generally or in a particular case, use money in a statutory
interest account—
(a) to supplement from time to time the fidelity fund; and
(b) to assist in the conduct of a scheme for the provision of legal aid
and to provide funds to the legal aid commission; and
(c) to pay or reimburse the amount of any costs and disbursements
incurred by the law society council or bar council in relation
to—
(i) an investigation or proceeding under chapter 4 (including
deciding whether an investigation should be made or a
proceeding should be started); or
(ii) any other proceeding taken in the Supreme Court in
relation to a legal practitioner or an unqualified person
practising as a legal practitioner (including deciding
whether such a proceeding should be started); and
(d) to pay or reimburse the amount of any costs and disbursements
incurred by the law society council or bar council in relation
to—
(i) making an objection to an application for admission
(including deciding whether an objection should be made);
or
(ii) assisting the Supreme Court in relation to an application
for admission; and
(e) to assist the law society council or bar council to facilitate a
mediation under part 4.3; and
(f) to assist in the conduct and maintenance of a course of training
for the practice of law; and
(g) to pay the amount of any costs incurred by the law society in
administering amounts deposited with the law society under this
part; and
(h) to meet the costs of administering the account.
(5) Subject to any regulation made under subsection (2) (c) or (d), the
law society must, in accordance with the Attorney-General’s written
request, pay an amount from the account to the ACAT trust account.
(6) This section applies despite any other provision of this part.