YardStack Start free trial

Trust account rules for Queensland motor dealers

Consignment money isn’t yours until the deal is done. Queensland’s Agents Financial Administration Act sets out how you bank it, record it, pay it out and have it audited.

Written by
TradeBeat, a licensed QLD motor dealer
Last reviewed
Applies to
Queensland
The short version
  • Deposit trust money before the end of the first business day after you receive it.
  • Update the receipt register within 2 business days, and reconcile within 5 business days after each month ends.
  • Withdraw only once the transaction is finalised, and pay the seller within 14 days of a written request or otherwise within 42 days.
  • Appoint an auditor within 1 month of opening the account.

Which law applies

Trust accounts for motor dealers are governed by the Agents Financial Administration Act 2014. The Motor Dealers and Chattel Auctioneers Act 2014 also requires a principal licensee to keep a trust account, and if you sell on consignment you must have one.

Opening the account

  • Only a principal agent can open a trust account.
  • Notify the Office of Fair Trading within 2 months using Form 5 (no fee).
  • Appoint an auditor within 1 month of opening it, and notify the Office of Fair Trading within 1 month of the appointment.

The account itself

  • It must be with an approved financial institution, at an office or branch in Queensland, and the bank gets a copy of your licence first.
  • The account name must include “trust account” and match the name on your licence.
  • Interest on trust accounts is paid to the Queensland Government, not to you.
  • Trust money can’t be used to pay your creditors, and they can’t seize it.

What is and isn’t trust money

Trust moneyNot trust money
Buyer depositsReimbursement of an expense you’ve already paid and hold a receipt for
Sale proceeds on a consignmentYour own business money
Money the seller pays in advance for expenses (advertising, searches, cleaning)

Nothing else goes in the trust account. If a payment mixes trust and non-trust money and can’t be split, bank it all and draw out the non-trust part within 14 days.

The deadlines

WhatDeadline
Deposit trust moneyBefore the end of the first business day after you receive it
Update the receipt registerWithin 2 business days of using a receipt
Reconcile the accountWithin 5 business days after the end of each month
Pay the person entitled, after a written requestWithin 14 days of the request
Pay the person entitled, otherwiseWithin 42 days after the transaction is finalised

Failing to deposit on time carries up to 200 penalty units or 2 years’ imprisonment. A written account to the seller follows the same 14 and 42-day timing.

A worked example: one consignment, start to finish

DayWhat happensDeadline it triggers
MondayBuyer pays a $1,000 depositBank it before the end of Tuesday; update the receipt register within 2 business days of issuing the receipt
ThursdayBuyer pays the balance and the sale settlesThe transaction is finalised: you can now withdraw
Following MondaySeller emails asking to be paidPay them within 14 days of that request
If they never askPay them within 42 days after Thursday’s finalisation
End of the monthReconcile the trust account within 5 business days

The example assumes no public holidays. Business days exclude public holidays, so a holiday pushes the banking deadline out. Your commission comes out last, after the seller is paid or alongside them.

Taking money out

You can only withdraw once the transaction is finalised, meaning settled or terminated. The seller is paid before or alongside other parties, and your commission comes out last. Only a licensee can operate a trust account; registered salespeople must never operate one.

What a trust receipt must show

Complete a receipt as soon as you receive money, or on the day you learn of an electronic payment. Receipts are numbered consecutively and headed “Agents Financial Administration Act 2014 Trust Account Receipt”. Each one shows:

  • Your name and licence number.
  • The date received and the date the receipt was completed.
  • Who completed it (and their signature, on a paper receipt).
  • Who the receipt is for, and who the money is held for.
  • A short description of the matter.
  • The amount in figures, and how it was paid.

Cash book entries are due within 2 business days, or the same day for an electronic transfer.

The audit

Your audit covers the 12 months ending on your “audit month”, which is the eighth month after your licence was first issued. The audit report is due within 4 months after that month ends and is lodged online. Your auditor also makes two unannounced examinations each audit period.

Keeping records

Keep trust records for 5 years.

Common ways dealers get it wrong

  • Leaving a Saturday deposit in the safe until the following week instead of banking it by the end of the next business day.
  • Paying the seller’s share late because they “never asked”. The 42-day limit applies regardless.
  • Taking commission before the seller is paid.
  • Keeping commission on expenses the seller paid up front.
  • Letting a salesperson operate the trust account. Only a licensee can.
  • Missing the auditor appointment in the first month after opening the account.

If something goes wrong

  • Dishonestly using someone else’s money is a crime carrying up to 1,000 penalty units or 5 years’ imprisonment.
  • Paying out other than as the Act allows carries up to 200 penalty units or 2 years.
  • Your bank must tell the Office of Fair Trading immediately if a trust account is overdrawn. Your auditor must report any irregularity they find.
  • The Office of Fair Trading can freeze an account or appoint a receiver where misuse is suspected.
  • If you can’t find the person entitled to money, it may be treated as unclaimed money under the Public Trustee Act.

Questions dealers ask

Do I have to wait 42 days to pay the seller?

No. 42 days after finalisation is the latest you can pay, not a holding period. If the seller asks in writing, you must pay within 14 days of the request.

Can my salesperson bank or withdraw trust money?

Registered salespeople must never operate a trust account. Only a licensee can.

When do I have to bank a deposit?

Before the end of the first business day after you receive it. Failing to deposit on time carries up to 200 penalty units or 2 years’ imprisonment.

How long do I keep trust records?

5 years.

Who gets the interest on a trust account?

The Queensland Government. Interest on agents’ trust accounts is paid to the State.

Does an expense reimbursement go through trust?

Not if you’ve already paid the expense and hold a receipt. Money a seller pays in advance for expenses does go through trust.

Sources

Rules and fees change. Check the official source before you rely on anything here; this guide is general information, not legal advice.

  1. OFT: Handling trust money
  2. OFT: Selling on consignment in the motor industry
  3. OFT: Motor industry forms
  4. Agents Financial Administration Act 2014
  5. Motor Dealers and Chattel Auctioneers Act 2014
  6. Agents Financial Administration Regulation 2014
  7. OFT: Trust accounts guide (PDF)

Stop doing this in a spreadsheet.

The app works this out on every car automatically, from appraisal to settlement. Pick a time and we’ll show you on one of yours.

More free calculators and templates, or see pricing.

Calendar not showing? Open it in a new tab.