13 Division 1—Preliminary 13 3.3.1 Operation of this Part 13 3.3.2 Definitions 13 Division 2—Computerised accounting systems 14 3.3.3 Application of Division 14 3.3.4 Copies of trust records to be printed 14 3.3.5 Chronological record of information to be made 15 3.3.6 Requirements regarding computer accounting systems 16 3.3.7 Back-ups 17 Division 3—General trust accounts 17 3.3.8 Establishment of general trust account 17 3.3.9 Receipting of trust money 19 3.3.10 Deposit records for trust money 20 3.3.11 Direction for non-deposit of trust money in general trust account 21 3.3.12 Payment by cheque 21 3.3.13 Payment by electronic funds transfer 24 3.3.14 Recording transactions in trust account cash books 26 3.3.15 Trust account receipts cash book 27 3.3.16 Trust account payments cash book 28 3.3.17 Recording transactions in trust ledger accounts 29 3.3.18 Journal transfers 32 3.3.19 Reconciliation of trust records 34 3.3.20 Trust ledger account in name of law practice or legal practitioner associate 35 3.3.21 Trust ledger account in name of approved clerk 36 Division 4—Controlled money 37 3.3.22 Maintenance of controlled money accounts 37 3.3.23 Receipt of controlled money 37 3.3.24 Deposit of controlled money 39 3.3.25 Withdrawal of controlled money must be authorised 39 3.3.26 Register of controlled money 41 Division 5—Transit money 43 3.3.27 Information to be recorded about transit money 43 Division 6—Trust money generally 43 3.3.28 Trust account statements—law practices 43 3.3.29 Trust account statements for sophisticated clients 45 3.3.30 Register of investments 45 3.3.31 Trust money subject to specific powers 47
Note Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. 2.7.1 Notice of termination of provision of legal services r. 2.7.1AA For the purposes of section 2.7.9 of the Act, the prescribed period within which a corporation must give a notice under that section is 14 days after it ceases to engage in legal practice in this jurisdiction. 2.7.2 Disqualifications and prohibitions (1) This regulation applies to— (a) an order made under section 2.7.24 of the Act disqualifying a corporation from providing legal services in this jurisdiction; or (b) an order made under section 2.7.25 of the Act disqualifying a person from managing a corporation that is an incorporated legal practice; or (c) an order made under section 2.7.50 of the Act prohibiting an Australian legal practitioner from being a partner of a specified person— being an order made on the application of the Board. (2) The Board may publicise an order in any manner the Board thinks fit. (3) The Board—
Reg. 3.3.6(5) amended by S.R. No. 31/2007 reg. 12(f)(ii). (5) The law practice or approved clerk must ensure that the computerised accounting system is not capable of amending the particulars of a transaction already recorded otherwise than by a transaction separately recorded that makes the amendment. Reg. 3.3.6(6) amended by S.R. No. 31/2007 reg. 12(f)(ii). (6) The law practice or approved clerk must ensure that the computerised accounting system requires input in every field of a data entry screen intended to receive information required by this Part to be included in trust records. 3.3.7 Back-ups r. 3.3.7 The law practice or approved clerk must ensure that— (a) a back-up copy of all records required by this Part is made not less frequently than once each month; and Reg. 3.3.7(b) amended by S.R. No. 31/2007 reg. 12(g). (b) each back-up copy is kept by the law practice or approved clerk; and (c) a complete set of back-up copies is kept in a separate location so that any incident that may adversely affect the records would not also affect the back-up copy. Division 3—General trust accounts 3.3.8 Establishment of general trust account Reg. 3.3.8(1) amended by S.R. No. 31/2007 reg. 12(h). (1) A law practice or an approved clerk may at any time establish a general trust account that satisfies the requirements of this regulation, but must, as soon as practicable after receiving trust money that is required to be paid into a general trust account, establish a general trust account that satisfies those requirements if the practice does not already have such a general trust account.
3.3.18 Journal transfers r. 3.3.18 (1) Trust money may be transferred by journal entry from one trust ledger account in a law practice's or an approved clerk's trust ledger to another trust ledger account in the trust ledger, but only if— (a) the law practice or approved clerk is entitled to withdraw the money and pay it to the other trust ledger account; and Reg. 3.3.18(1)(b) substituted by S.R. Nos 31/2007 reg. 12(l), 112/2007 reg. 4(1). (b) subregulation (1A) is complied with. Reg. 3.3.18(1)(c) inserted by S.R. No. 31/2007 reg. 12(l), revoked by S.R. No. 112/2007 reg. 4(1). * * * * * Reg. 3.3.18 (1A) inserted by S.R. No. 112/2007 reg. 4(2). (1A) The transfer must be authorised in writing by— (a) in the case of a law practice— (i) an authorised principal of the law practice; or (ii) if a principal referred to in subparagraph (i) is not available— (A) an authorised legal practitioner associate; or r. 3.3.18 (B) an authorised Australian legal practitioner who holds an unrestricted practising certificate authorising the receipt of trust money; or
Division 7—External examinations 3.3.39 Application of Division r. 3.3.39 This Division applies to a law practice that, or an approved clerk who, is required by the Act to have their trust records examined by an approved external examiner in respect of each audit year. Note This Division has a modified application to community legal centres—see regulation 3.3.51. 3.3.40 Appointment of external examiner Reg. 3.3.40(1) substituted by S.R. No. 31/2007 reg. 14(5). (1) The law practice or approved clerk must appoint an approved external examiner within one month after receiving trust money (other than transit money). (2) An approved external examiner is not eligible to be appointed to examine the trust records of a law practice or an approved clerk if— (a) the examiner carries out any work for the practice or clerk, other than— (i) the examination of any records or accounts (other than trust records) kept by the practice or clerk on the practice's or clerk's own account or on behalf of other persons in connection with the business of the practice or clerk; or (ii) advisory or consulting duties consequential on the examiner's function as examiner; or (iii) the preparation of income tax returns for the practice or clerk; or (b) any of the following is, or has been at any time in the last 2 years, engaged in keeping any trust records of the practice or clerk—
(Amendment) Regulations 2007 comes into operation; relevant date means the date the bill was issued by the law practice concerned; second commencement day means the day that is 28 days after the first commencement day. Reg. 3.4.4 inserted by S.R. No. 112/2007 reg. 5. 3.4.4 Disclosure of costs to clients—form (1) A written statement in the form of Form B3 is prescribed for the purposes of section 3.4.9(3) of the Act in connection with the details referred to in section 3.4.9(1)(b)(i), (ia) and (ii), (h), (j), (k) and (m) of the Act. (2) The Commissioner must produce and maintain the fact sheet referred to in a written statement in the form of Form B3 and make it available on the Internet. (3) The Commissioner must develop the fact sheet in consultation with the professional associations. Reg. 3.4.5 inserted by S.R. No. 112/2007 reg. 5. 3.4.5 Notification of client's rights—form (1) A written statement in the form of Form B4 is prescribed for the purposes of section 3.4.35(3) of the Act. (2) The Commissioner must produce and maintain the fact sheet referred to in a written statement in the form of Form B4 and make it available on the Internet. (3) The Commissioner must develop the fact sheet in consultation with the professional associations. r. 3.4.4 __________________ 3.6.1 Protocols r. 3.6.1
first preference votes are to be distributed amongst the other eligible candidates next in order of the voters' preference and are deemed to be first preference votes for those candidates. Reg. 6.2.20 inserted by S.R. No. 31/2007 reg. 16. 6.2.20 Place where votes are to be counted The election manager must designate the place where the votes are to be counted and must advise each candidate of that place. Reg. 6.2.21 inserted by S.R. No. 31/2007 reg. 16. 6.2.21 Scrutineers (1) A candidate may appoint one or more scrutineers to scrutinise the electoral activities set out in subregulation (2), but only one scrutineer for a candidate may be present at an electoral activity at any one time. (2) The electoral activities referred to in subregulation (1) are— (a) the opening and emptying of the ballot box or other container in which the declaration envelopes are kept; r. 6.2.21 (b) the processing of declaration envelopes; (c) the counting and recounting of ballot-papers. (3) An appointment of a scrutineer must be in Form C3. (4) The election manager may have a scrutineer removed if— (a) more than one scrutineer for a candidate is present at an electoral activity at the one time; or (b) the scrutineer touches a ballot-paper or otherwise interferes with or obstructs an electoral activity; or
Sch. 2 inserted by S.R. No. 31/2007 reg. 18. SCHEDULE 2 Sch. 2 Regulation 2.2.1 1. For the purposes of section 2.2.4(1A) of the Act, the kinds of persons specified in column 3 of the following Table are persons who are entitled, in the circumstances specified opposite in column 4, to take or use a name, title or description specified opposite in column 2. TABLE Column 1 Item Column 2 Name, title or description Column 3 Kinds of persons who are entitled to take or use name, title or description Column 4 Circumstances in which the persons are entitled to take or use name, title or description 1 legal practitioner Australian legal practitioner all circumstances (no restriction) 2 legal practitioner Australian lawyer when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate
Column 1 Item Column 2 Name, title or description Column 3 Kinds of persons who are entitled to take or use name, title or description Column 4 Circumstances in which the persons are entitled to take or use name, title or description 3 barrister and solicitor, or solicitor and barrister, or solicitor, or attorney Australian legal practitioner when the Australian legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a solicitor 4 barrister and solicitor, or solicitor and barrister, or solicitor, or attorney Australian lawyer when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a solicitor as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate 5 barrister Australian legal practitioner when the Australian legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a barrister Sch. 2