r. 3.3.39 Division 7—External examinations 3.3.39 Application of Division 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 (1) The law practice or approved clerk must appoint Reg. 3.3.40(1) substituted by an approved external examiner within one month S.R. No. 31/2007 after receiving trust money (other than transit reg. 14(5). 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—
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—
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