Restrained property not available to meet legal costs
154 Restrained property not available to meet legal costs
Property that is subject to a restraining order under this Act:
is not to be released to meet the legal expenses of a person, whether the expenses are in relation to proceedings under this Act that relate to the forfeiture of the property or criminal proceedings; and
is not to be taken into account for the purposes of an application by the person for Legal Aid.
If:
the Northern Territory Legal Aid Commission or another legal aid organisation provides a person with legal aid in respect of proceedings under this Act or criminal proceedings; and
property of the person that was restrained under this Act is released:
in whole; or
in part as surplus to an amount forfeited to the Territory (and any order for costs);
the person is liable to the Commission or other organisation for his or her legal costs and the property released is charged as security for those costs.
A charge under subsection (2):
is subject to any prior encumbrances on the property that take priority; and
if the property is land – takes effect when the charge is registered under the Land Title Act 2000.
If:
legal aid is granted to a person whose property is restrained under this Act; and
the restrained property is:
released on grounds of hardship; or
forfeited;
the Commission or other organisation may apply to the Minister for reimbursement of the legal costs incurred in providing legal aid to the person.
On application by the Commission or other organisation, the
Minister may reimburse the Commission or organisation out of funds realised from the forfeited property, having regard to:
the value of the property forfeited; and
the legal costs incurred by the Commission or organisation in the matter; and
the state of the legal aid fund.
This Act’s bill:Second reading speech
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