South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 207

207—Payments to Legal Services Commission for representing suspects and other persons

        (1)         The Administrator may pay to the Legal Services Commission, out of the property of a suspect that is covered by a restraining order, legal assistance costs—

            (a)         for representing the suspect in criminal proceedings; and

            (b)         for representing the suspect in proceedings under this Act.

        (2)         The Administrator may pay to the Legal Services Commission, out of the property of a person other than the suspect that is covered by a restraining order, legal assistance costs for representing the person in proceedings under this Act.

        (3)         The Administrator may only pay legal assistance costs referred to in this section with the authority of the court under subsection (4).

        (4)         If the court is satisfied, on application by the Legal Services Commission, that it is unlikely that anyone other than a particular assisted person could, assuming that property subject to a restraining order were not forfeited, establish a lawful claim to the property (or a particular part of, or interest in, the property)—

            (a)         the court must authorise the application of the property (or the relevant part of, or interest in, the property) towards payment of legal assistance costs; and

            (b)         may make any other order that may be necessary or appropriate in the circumstances (such as an order for partition of the property or an order for its sale or conversion into money).

        (5)         The Legal Services Commission may only make an application under subsection (4) for an order authorising the application of restrained property towards payment of legal assistance costs if satisfied that the assisted person has no other source of funds (within or outside the State) to which the Commission could reasonably have recourse for the legal assistance costs.

        (6)         Before the court authorises the application of property subject to a restraining order towards payment of legal assistance costs, the court must allow the Attorney-General an opportunity to appear and be heard on the matter.