193Restrained property not available to meet legal costs

### 193 Restrained property not available to meet legal costs > [*\[Section 193 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (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) [*\[Section 193 Subsection (2) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja5@GC2@EN) 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)](#GS193@Gs2@EN)  – > > > > > > (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](/view/html/inforce/2026-04-12/act-1980-019) . > > > (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. > > > (5)  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 – > > > > > > (a) the value of the property forfeited; and > > > > > > > (b) the legal costs incurred by the Commission or organisation in the matter; and > > > > > > > (c) the state of the legal aid fund.