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PROPERTY AND STOCK AGENTS REGULATION 2014 - REG 23
Receipts for trust money
23 Receipts for trust money
(1) A licensee must, immediately on receiving money for or on behalf of any
person, prepare or cause to be prepared a receipt in accordance with this
clause.
(2) When a receipt is being prepared by a licensee-- (a) from the
trust receipt book, a copy of the entries made on the receipt must be made
simultaneously on the machine numbered duplicate form provided in the book, or
(b) otherwise than from a trust receipt book, a copy of the entries made on
the receipt must be made simultaneously in the record required to be kept by
clause 26 (Record of trust account transactions).
(3) The following
particulars must be shown on a receipt-- (a) the date of issue,
(b) the
number of the receipt in numerical sequence,
(c) the name of the licensee and the words "Trust Account",
(d) the name of
the person from whom the payment was received,
(e) the name and ledger
reference number of the person on behalf of whom the payment was made,
(f)
particulars sufficient to identify the transaction in respect of which the
money was paid,
(g) the amount of money received and whether (or the extent
to which) it was paid in cash or by cheque, by electronic funds transfer or
otherwise.
(4) Receipts must be prepared in the numerical order of the series
to which they belong.
(5) The original of a receipt must be issued, on
demand, to the person from whom the trust money is received.
(6) A licensee
must retain-- (a) any original receipt that is not issued to the person from
whom the trust money is received, and
(b) any original receipt that is
cancelled after it is prepared, and
(c) duplicate receipts.
(7) Despite
subclause (6) (c), a licensee is not required to retain duplicate receipts in
relation to money received if an electronic record of receiving the money was
made as soon as was practicable after the money was received.
(8) When a
receipt is issued by a licensee in respect of rent collected, there must be
shown on the receipt (in addition to the particulars required by subclause
(3)) the date to which rent has been calculated and the position of the rental
account as at that date.
(9) When a strata managing agent issues a receipt
for a payment received in the course of acting as a strata managing agent, the
agent must (in addition to the particulars required by subclause (3)) show on
the receipt the following particulars-- (a) if the payment is in respect of a
contribution referred to in section 75 or 76 of the Strata Schemes Management
Act 1996 --the fact that it is made in respect of that contribution and the
lot number in respect of which the contribution is paid,
(b) if the payment
is in respect of a regular periodic contribution determined under section 75
or 76 of the Strata Schemes Management Act 1996 --the period in respect of
which the payment is made,
(c) if the payment is in respect of a contribution
referred to in Part 5, Division 2 of the Community Land Management Act 2021
--the fact that it is made in respect of that contribution, a statement
identifying the land or premises in respect of which the liability to make the
contribution is imposed and, if the contribution is a regular periodic
contribution, the period in respect of which it is made,
(d) if the payment
was received in respect of more than one matter--the apportionment of that
payment between those matters,
(e) if the receipt is issued from a general
trust receipt book--the name of the owners corporation, community association,
precinct association or neighbourhood association for or on behalf of which
the payment is received.
: Maximum penalty-- (a) 40 penalty units in the case
of a corporation, or
(b) 20 penalty units in any other case.
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