45Withdrawal of controlled money must be authorised

45 Withdrawal of controlled money must be authorised

(1)  In this regulation –

associate means an associate of the law practice;

authorised means authorised by the law practice to effect, direct, or give authority for, a withdrawal of money from the controlled money account.

(2)  A withdrawal of money from a controlled money account of a law practice must be effected by, under the direction of or with the authority of –

(a) an authorised principal of the law practice; or

(b) if a principal referred to in paragraph (a) is not available –

(i) an authorised legal practitioner associate; or

(ii) an authorised Australian legal practitioner who holds an unrestricted practising certificate authorising the receipt of trust money; or

(iii) two or more authorised associates jointly.

(3)  A written record of the required particulars must be kept of each withdrawal unless at the time the withdrawal is made those particulars are recorded by computer program.

(4)  If at the time the withdrawal is made the required particulars are recorded by computer program, a written record must be kept that is sufficient to enable the accuracy of the particulars recorded by the computer program to be verified.

(5)  For the purposes of subregulations (3) and (4) , the required particulars are as follows:

(a) the date and number of the transaction;

(b) the amount withdrawn;

(c) in the case of a transfer made by electronic funds transfer, the name and number of the account to which the amount was transferred and the relevant BSB number;

(d) the name of the person to whom payment is to be made or, in the case of a payment to an ADI, the name or BSB number of the ADI and the name of the person receiving the benefit of the payment;