Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:2_69
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 2 cl 69
Character Range: 73352–75252

69  Subsections 293(1), (2) and (3)
Repeal the subsections, substitute:

 (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.

 (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).

 (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.

 (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.

Note: The heading to section 293 is replaced by the heading "Payments to legal aid commissions for representing suspects and other persons".