Proceeds of Crime Act 2002
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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