Proceeds of Crime Act 2002

Div 1 repealed by No 3 of 2010, s 3 and Sch 2 item 70, applicable in relation to costs that:

(a) were incurred by legal aid commissions before, on or after 15 May 2010; and

(b) if they were incurred before that commencement, had not been paid to the commissions before that commencement.

S 302 repealed by No 3 of 2010, s 3 and Sch 2 item 70, applicable in relation to costs that:

(a) were incurred by legal aid commissions before, on or after 15 May 2010; and

(b) if they were incurred before that commencement, had not been paid to the commissions before that commencement.

S 302 formerly read:

SECTION 302 Priority of charge  
302
If a charge is created under section 300 in favour of a * legal aid commission, the commission's charge:

(a) is subject to every * encumbrance on the property (other than an encumbrance in which the person who is liable to pay the amount has an *interest) that came into existence before it and that would otherwise have priority; and

(b) has priority over all other encumbrances; and

(c) subject to section 301 , is not affected by any change of ownership of the property.

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History

S 302(a) amended by No 4 of 2010 s 3 Sch 1 item 215 by inserting " (other than an encumbrance in which the person who is liable to pay the amount has an *interest) " after " property " effective 20 February 2010.