Proceeds of Crime Act 2002

S 293(1), (2), (2A) and (3) substituted for s 293(1), (2) and (3) by No 3 of 2010, s 3 and Sch 2 item 69, applicable in relation to costs that:

(a) were incurred by legal aid commissions before, on or after 19 May 2010; and

(b) if they were incurred before that commencement, had not been paid to the commissions before that commencement.

S 293(1) formerly read:

293(1)
The * Official Trustee must pay to a * legal aid commission, out of the * Confiscated Assets Account, legal costs mentioned in section 292 if:

(a) the Official Trustee certifies that the costs exceed the value of the property of the person that is covered by the * restraining order; and

(b) the costs have been certified by:

(i) the Attorney-General; or

(ii) a * senior Departmental officer authorised by the Attorney-General for the purposes of this section; and

(c) the Minister consents to the payment.

The amount that the Official Trustee must pay is the amount of the excess.

S 293(1), (2), (2A) and (3) substituted for s 293(1), (2) and (3) by No 3 of 2010, s 3 and Sch 2 item 69, applicable in relation to costs that:

(a) were incurred by legal aid commissions before, on or after 19 May 2010; and

(b) if they were incurred before that commencement, had not been paid to the commissions before that commencement.

S 293(2) formerly read:

293(2)
The * Official Trustee must pay to a * legal aid commission, out of the * Confiscated Assets Account, legal costs mentioned in section 292 if:

(a) the Official Trustee is satisfied that it will take considerable time to dispose of the property of the person that is covered by the * restraining order in order to pay the costs; and

(b) the value of the property has been assessed; and

(c) the costs have been certified by:

(i) the Attorney-General; or

(ii) a * senior Departmental officer authorised by the Attorney-General for the purposes of this section; and

(d) the Minister consents to the payment.

However, the Official Trustee must not pay the legal aid commission more than the assessed value of the property.

S 293(1), (2), (2A) and (3) substituted for s 293(1), (2) and (3), by No 3 of 2010, s 3 and Sch 2 item 69, applicable in relation to costs that:

(a) were incurred by legal aid commissions before, on or after 19 May 2010; and

(b) if they were incurred before that commencement, had not been paid to the commissions before that commencement.

S 293(1), (2), (2A) and (3) substituted for s 293(1), (2) and (3), by No 3 of 2010, s 3 and Sch 2 item 69, applicable in relation to costs that:

(a) were incurred by legal aid commissions before, on or after 19 May 2010; and

(b) if they were incurred before that commencement, had not been paid to the commissions before that commencement.

S 283(3) formerly read:

293(3)
If the Commonwealth pays an amount to a * legal aid commission under subsection (2), the person whose property is covered by the * restraining order must pay to the Commonwealth an amount equal to that amount.