Proceeds of Crime Act 2002



SECTION 293   Payments to legal aid commissions for representing suspects and other persons  


This section applies if:

(a) a *legal aid commission incurred (before, on or after the commencement of this subsection) legal costs for:

(i) representing a person whose property was, at the time of the representation, covered by a *restraining order in proceedings under this Act; or

(ii) representing a person, who was a *suspect at the time of the representation and whose property was at that time covered by a restraining order, in proceedings for defending any criminal charge against the person; and

(b) the commission has given (before, on or after the commencement of this subsection) the *Official Trustee a bill for the costs; and

(c) the Official Trustee is satisfied that the bill is true and correct.


The *Official Trustee must pay the legal costs (according to the bill) to the *legal aid commission out of the *Confiscated Assets Account, subject to subsection (2A).


If the *Official Trustee is satisfied that:

(a) the balance of the *Confiscated Assets Account is insufficient to pay the legal costs; and

(b) property of the person is covered by the *restraining order;

the Official Trustee must pay the legal costs (according to the bill) to the *legal aid commission out of that property covered by the order, to the extent possible.


If the *Official Trustee pays an amount to the *legal aid commission under this section and property of the person is covered by a *restraining order, the person must pay the Commonwealth an amount equal to the lesser of the following (or either of them if they are the same):

(a) the amount paid to the legal aid commission;

(b) the value of the person's property covered by the restraining order.

The person's obligation to pay the amount is discharged if there is forfeited to the Commonwealth under this Act:

(a) all of the property that is covered by the * restraining order; or

(b) some of the property that is so covered, being property of a value that equals or exceeds the amount.


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