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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Legal Contribution Trust Amendment Bill 2000
A Bill for
An Act to amend the Legal Contribution Trust Act 1967.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Legal Contribution Trust
Amendment Act 2000.
page 1
137--1B
Legal Contribution Trust Amendment Bill 2000
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Legal Contribution Trust
5 Act 1967.*
[* Reprinted as at 5 February 1999.]
4. Section 14 replaced
Section 14 is repealed and the following section is inserted
instead --
10 "
14. Application of money resulting from investments
(1) The Trust shall pay all moneys resulting from
investments made under section 13 to the credit of an
account called the "Trust Interest Account".
15 (2) Moneys in the Trust Interest Account shall, subject to
subsection (4) --
(a) be applied, firstly, in payment of the costs and
expenses, other than those mentioned in
section 19, of administering the Trust; and
20 (b) be paid, secondly, to the Guarantee Fund, until
the Fund is in credit in such amount of not less
than $100 000 as the Minister and the Society
may, from time to time, by agreement determine.
page 2
Legal Contribution Trust Amendment Bill 2000
s. 4
(3) Once the Guarantee Fund has been in credit in the
amount provided by subsection (2)(b), the moneys in
the Trust Interest Account shall, subject to
subsection (4) be paid --
5 (a) in maintaining the Fund in credit in that
amount;
(b) as to 50% of the balance, to the Legal Aid
Commission to be applied to the Legal Aid
Fund; and
10 (c) as to the remainder --
(i) to the Legal Aid Commission, to be
applied to the Legal Aid Fund;
(ii) to the Society, to be applied in the
furtherance of law reform, legal
15 research and legal education, or any of
those things;
(iii) to a body, whether corporate or not, for
the purposes of which moneys have
been appropriated by Parliament and
20 which is charged with the functions of
law reform; or
(iv) to prescribed community legal centres
or their peak organisations, to be
substantially applied to funding the
25 legal services or community legal
education provided by such bodies,
in such amounts or in such proportions as the
Minister may, after consultation with the Society,
from time to time, approve or determine.
30 (4) Despite subsections (2) and (3), if the Trust effects a
policy or policies of insurance indemnifying the
Guarantee Fund in the amount of $100 000 or such
page 3
Legal Contribution Trust Amendment Bill 2000
s. 4
lesser amount as may, taking into account the amount
in which the Fund is in credit, be required to indemnify
the Fund in the balance of the amount of $100 000, the
moneys in the Trust Interest Account shall --
5 (a) be applied, firstly as provided by
subsection (2)(a);
(b) be applied, secondly, in payment of the
premiums payable under the policy or policies
of insurance;
10 (c) be paid, thirdly, to the credit of the Guarantee
Fund in such amounts as the Minister and the
Society may, from time to time, by agreement,
determine; and
(d) be paid, finally, and applied as provided in
15 subsections 3(b) and (c).
(5) The costs and expenses of administering the Trust
include such fees and allowances to the trustees, or any
of them, as may be prescribed.
(6) In this section --
20 "community legal centre" means a not-for-profit
body, one of the main functions of which is the
delivery of free or substantially subsidised legal
services to disadvantaged sections of the
community or community legal education;
25 "Legal Aid Commission" means the Legal Aid
Commission of Western Australia established
under section 6 of the Legal Aid Commission
Act 1976;
"Legal Aid Fund" means the Legal Aid Fund of
30 Western Australia established under section 52 of
the Legal Aid Commission Act 1976; and
page 4
Legal Contribution Trust Amendment Bill 2000
s. 5
"peak organisation" means an incorporated body that
provides representation, coordination and support
services for community legal centres.
".
5 5. Section 29 amended
Section 29(4) is repealed.
page 5
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