Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If the provision of legal assistance is subject to the condition mentioned in section 31 (1) (c), the chief executive officer may lodge with the registrar-general for registration a notice certifying that an amount payable to the commission under section 31 is a charge on land stated in the notice.
(2) An amount payable to the commission by a person in respect of whose land a notice under subsection (1) has been registered is a charge on the land.
(3) The registrar-general shall register a notice under subsection (1).
(4) The chief executive officer shall notify the assisted person in writing of the lodgment of a notice under subsection (1).
(5) The Land Titles Act 1925 , section 48 (2) does not apply to a notice under subsection (1).
(6) Subject to subsection (7), the commission has the same power of sale over the land charged as a mortgagee who, under the Land Titles Act 1925 , section 94, is entitled to sell the estate and interest of the mortgagor.
(7) The commission may not exercise its power of sale under subsection (6) unless—
(a) if the commission has issued a direction under section 31 (2)—the legally assisted person is in breach of that direction; and
(b) at least 1 year before exercising the power the commission has served on the legally assisted person a notice that—
(i) states the amount then due to the commission by the person; and
(ii) demands payment of the amount payable to the commission by the person; and
(iii) states that, unless that amount, together with interest until the day of payment, is paid, the commission may exercise its power of sale under the charge at the expiration of the period of 12 months after the date of service of the notice; and
(c) at least 2 months before exercising the power the commission has served on the legally assisted person and every other person who appears to have an interest in the land a notice that states—
(i) the amount then due to the commission by the legally assisted person; and
(ii) that, unless that amount together with interest is paid within the period of 2 months after the date of service of the notice, the commission may exercise its power of sale.
(8) If—
(a) an amount equal to the amount secured by a charge under this section is paid; or
(b) the commission has exercised its power of sale under subsection (6); or
(c) the commission determines that the charge is no longer required;
the chief executive officer shall lodge with the registrar-general a notice discharging the land from any amount due to the commission and notify the legally assisted person that he or she has done so.
(9) On the lodgment of a notice under subsection (8) the registrar-general shall make an entry in the register noting that the land is discharged.
(10) In this section:
"proprietor"—see the Land Titles Act 1925 , dictionary.