Western Australian Numbered Acts Western Australian Numbered Acts (1) An ADI must, at
the request of an external intervener for a law practice, disclose to the
intervener without charge —
(a)
whether or not the practice, or an associate of the practice specified by the
intervener, maintains or has maintained an account at the ADI during a period
specified by the intervener; and
(b)
details identifying every account so maintained.
Penalty: a fine of $5 000.
(2) An ADI at which an
account of a law practice or associate of a law practice is or has been
maintained must, at the request of an external intervener for the law
practice, and without charge —
(a)
produce for inspection or copying by the intervener, or a nominee of the
intervener, any records relating to any such account or money deposited in any
such account; and
(b)
provide the intervener with full details of any transactions relating to any
such account or money.
Penalty: a fine of $5 000.
(3) If an external
intervener believes, on reasonable grounds, that trust money has, without the
authorisation of the person who entrusted the trust money to the law practice,
been deposited into the account of a third party who is not an associate of
the law practice, the ADI at which the account is maintained must disclose to
the intervener without charge —
(a)
whether or not a person specified by the intervener maintains or has
maintained an account at the ADI during a period specified by the intervener;
and
(b) the
details of any such account.
Penalty: a fine of $5 000.
(4) An obligation
imposed by this section on an ADI does not apply unless the external
intervener produces to the ADI evidence of the appointment of the intervener
in relation to the law practice concerned.
(5) A request under
this section may be general or limited to a particular kind of account.
(6) This section
applies despite any legislation or duty of confidence to the contrary.
(7) An ADI or an
officer or employee of an ADI is not liable to any action for any loss or
damage suffered by another person as a result of producing records or
providing details in accordance with this section.