154Restrained property not available to meet legal costs

154 Restrained property not available to meet legal costs (1) Property that is subject to a restraining order under this Act: (a) 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 (b) is not to be taken into account for the purposes of an application by the person for Legal Aid. (2) If: (a) 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 (b) property of the person that was restrained under this Act is released: (i) in whole; or (ii) 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. (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 under the Land Title Act 2000. (4) If: (a) legal aid is granted to a person whose property is restrained under this Act; and (b) the restrained property is: (i) released on grounds of hardship; or (ii) forfeited; Criminal Property Forfeiture Act 2002 92 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.