Western Australian Consolidated Acts

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FINANCE BROKERS CONTROL ACT 1975 - SECT 49

49 .         Receipts and accounting to principal

        (1A)         On and after the referral day, subsections (1), (2), (3), (4), (5) and (6) have no effect.

        (1)         When a finance broker receives money for or on behalf of any other person he shall forthwith give to the person paying the money a receipt for it complying with this section and specifying briefly the subject matter or purpose in respect of which the money was received, and shall retain legible carbon duplicates of the receipt.

        (2)         Receipts issued under subsection (1) shall be taken from bound books containing not less than 100 receipts and arranged so that a carbon duplicate of each receipt issued shall be retained in the book.

        (3)         The finance broker shall produce the retained duplicates in the appropriate books to the auditor at every audit, and at such other times as the auditor may reasonably require.

        (4)         The receipts and the duplicates thereof shall be so numbered and or lettered or both that every receipt can be identified and so that the receipt and duplicate have the same number or letter.

        (5)         Subsections (1) to (4) do not apply in the case of a finance broker if the finance broker’s auditor certifies to the Commissioner that he is satisfied with the system employed by the finance broker and that the receipt books are so kept and entered up as to enable the accounts to be properly and conveniently audited, and the Commissioner approves of the system employed by the finance broker of recording the receipt of moneys.

        (6)         On receipt of any moneys by a finance broker in respect of a loan, or in respect of interest on a loan, he shall render to the person on whose behalf the money is received an account in writing of all such moneys and of the application thereof.

        [Section 49 amended by No. 53 of 2004 s. 39; No. 14 of 2010 s. 60.]



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