South Australian Current Regulations

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SECURITY AND INVESTIGATION INDUSTRY REGULATIONS 2011 - REG 27

27—Receipt of trust money

        (1)         A collection agent must, in respect of the receipt of trust money—

            (a)         make available to the person making payment a receipt that complies with this regulation; and

            (b)         make and retain a copy of the receipt as part of the agent's records.

Maximum penalty: $2 500.

        (2)         The receipt—

            (a)         must be legibly written on a form comprised in a series of consecutively pre-numbered duplicate receipt forms marked with the name of the agent and the words "Trust Account"; and

            (b)         must contain the following information:

                  (i)         —

                        (A)         in the case of a payment made by electronic transfer of funds into an agent's trust account—the date on which the agent makes out the receipt; or

                        (B)         in any other case—the date of the payment; and

                  (ii)         the name of the person making the payment; and

                  (iii)         whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the agent's trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque; and

                  (iv)         the name of the person for whom the money is received; and

                  (v)         brief particulars of the purpose of the payment; and

                  (vi)         the amount of the payment.

        (3)         A collection agent must make out a receipt in accordance with subregulation (2)—

            (a)         in the case of a payment made by electronic transfer of funds into an agent's trust account—immediately the agent receives official confirmation that the payment has been made (whether that is by way of receipt by the agent of an ADI statement or some other way, whichever occurs sooner); or

            (b)         in any other case—immediately on receipt of the payment.

Maximum penalty: $2 500.



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