Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-2 - LEGAL ASSISTANCE  

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

293(1)  


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.

293(2)  


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).

293(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.

293(3)  


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.

293(4)  
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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