193Restrained property not available to meet legal costs

193 Restrained property not available to meet legal costs

[Section 193 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  Restrained property –

(a) is not to be released to meet the legal expenses of a person, whether the expenses are in relation to proceedings under this Part, that relate to the forfeiture of the property or to any other civil or criminal proceedings; and

(b) is not to be taken into account for the purposes of an application by the person for legal aid.

(2)  If –

(a) [Section 193 Subsection (2) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] Tasmania Legal Aid or another legal aid organisation provides a person with legal aid in respect of proceedings under this Act or any other civil or criminal proceedings; and

(b) property of the person that was restrained property is no longer restrained –

(i) in whole; or

(ii) in part as surplus to an amount forfeited to the State (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.

(3)  A charge under subsection (2)  –

(a) is subject to any prior encumbrances on the property that take priority; and

(b) if the property is land, takes effect when the charge is registered in accordance with the Land Titles Act 1980 .

(4)  If –

(a) legal aid is granted to a person whose property is restrained under this Act; and

(b) the restrained property is 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.