Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 246

Certain trust money to be deposited in general trust account

    (1)     As soon as practicable after receiving trust money, a law practice must deposit the money in a general trust account of the practice.

    (2)     Subsection (1) does not apply if:

        (a)     the practice has a written direction by an appropriate person to deal with it otherwise than by depositing it in the account; or

        (b)     the money is controlled money; or

        (c)     the money is transit money; or

        (d)     the money is the subject of a power given to the practice or an associate of the practice to deal with the money for or on behalf of another person.

    (3)     A law practice that has received money that is the subject of a written direction mentioned in subsection (2)(a) must deal with the money in accordance with the direction:

        (a)     within the period (if any) specified in the direction; or

        (b)     subject to paragraph (a), as soon as practicable after it is received.

    (4)     The law practice must keep a written direction mentioned in subsection (2)(a) for the period prescribed by the regulations.

    (5)     If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), (3) or (4), the practitioner or practice is guilty of an offence.

Maximum penalty:     500 penalty units.

    (6)     If a law practice that is a law firm or multi-disciplinary partnership contravenes subsection (1), (3) or (4), each principal of the practice is guilty of an offence.

Maximum penalty:     500 penalty units.

    (7)     An offence against subsection (5) or (6) is an offence of strict liability.

    (8)     A person is an appropriate person for this section if the person is legally entitled to give the law practice directions in respect of dealings with the trust money.



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