South Australian Consolidated Acts

LEGAL SERVICES COMMISSION ACT 1977 - SECT 18B

18B—Special provisions in relation to property subject to a restraining order

        (1)         In deciding whether a person is eligible for legal assistance, the value of property subject to a restraining order is to be disregarded.

        (2)         In fixing payments to be made by an assisted person towards legal assistance costs while the property remains subject to a restraining order, the property subject to the order is to be disregarded but this subsection does not prevent the Commission from applying for an order that provision be made out of such property (in addition to the contributions to be made by the assisted person) towards payment of legal assistance costs.

        (3)         Despite the preceding subsections, the liability of an assisted person to the Commission may be for the whole of the legal assistance costs and this liability may be secured by a charge on property subject to a restraining order.

        (4)         If such a liability is secured on property subject to a restraining order and the property is later forfeited—

            (a)         the property is automatically released from the charge; but

            (b)         the Administrator (of forfeited property under the Criminal Assets Confiscation Act 2005 ) must pay to the Commission out of the forfeited property or the proceeds of its sale or conversion into money the lesser of—

                  (i)         the amount secured by the charge at the time of the forfeiture;

                  (ii)         the net proceeds of the forfeiture.