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Legal Aid Act 1977
31ASecurity for payment of contribution
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31A Security for payment of contribution
(1) If the provision of legal assistance is subject to the condition
mentioned in section 31 (1) (c), the chief executive officer may lodge
with the registrar-general for registration a notice certifying that an
amount payable to the commission under section 31 is a charge on
land stated in the notice.
(2) An amount payable to the commission by a person in respect of whose
land a notice under subsection (1) has been registered is a charge on
the land.
(3) The registrar-general shall register a notice under subsection (1).
(4) The chief executive officer shall notify the assisted person in writing
of the lodgment of a notice under subsection (1).
(5) The Land Titles Act 1925, section 48 (2) does not apply to a notice
under subsection (1).
(6) Subject to subsection (7), the commission has the same power of sale
over the land charged as a mortgagee who, under the Land Titles
Act 1925, section 94, is entitled to sell the estate and interest of the
mortgagor.
(7) The commission may not exercise its power of sale under
subsection (6) unless—
(a) if the commission has issued a direction under section 31 (2)—
the legally assisted person is in breach of that direction; and
(b) at least 1 year before exercising the power the commission has
served on the legally assisted person a notice that—
(i) states the amount then due to the commission by the
person; and
(ii) demands payment of the amount payable to the
commission by the person; and
(iii) states that, unless that amount, together with interest until
the day of payment, is paid, the commission may exercise
its power of sale under the charge at the expiration of the
period of 12 months after the date of service of the notice;
and
(c) at least 2 months before exercising the power the commission
has served on the legally assisted person and every other person
who appears to have an interest in the land a notice that states—
(i) the amount then due to the commission by the legally
assisted person; and
(ii) that, unless that amount together with interest is paid
within the period of 2 months after the date of service of
the notice, the commission may exercise its power of sale.
(8) If—
(a) an amount equal to the amount secured by a charge under this
section is paid; or
(b) the commission has exercised its power of sale under
subsection (6); or
(c) the commission determines that the charge is no longer required;
the chief executive officer shall lodge with the registrar-general a
notice discharging the land from any amount due to the commission
and notify the legally assisted person that the chief executive officer
has done so.
(9) On the lodgment of a notice under subsection (8) the registrar-general
shall make an entry in the register noting that the land is discharged.
(10) In this section:
proprietor—see the Land Titles Act 1925, dictionary.