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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Legal Services Commission (Charges on Land) Amendment
Bill 2011
A BILL FOR
An Act to amend the Legal
Services Commission Act 1977.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Legal Services
Commission Act 1977
4Amendment of
section 18A—Legal assistance costs may be secured by charge on
land
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Legal Services Commission (Charges on Land)
Amendment Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Legal Services Commission
Act 1977
4—Amendment
of section 18A—Legal assistance costs may be secured by charge on
land
(1) Section 18A(5)—after "fund" insert:
(and the notice is, for the purposes of section 56 of the Real
Property Act 1886, treated as if it were an instrument attested by
a witness and presented for registration at the time the notice was
lodged)
(2) Section 18A(6)—after "principal" insert:
(and a sale by the Commission is, for the purposes of that Act, treated as
if it were such a sale by a mortgagee)
(3) Section 18A—after subsection (6) insert:
(6a) If the charged land is sold by a mortgagee or encumbrancee, the
charge is, for the purposes of sections 135 and 135A of the Real
Property Act 1886, to be treated as if it were an encumbrance
referred to in those sections.
Schedule 1—Transitional
provision
The amendments to the Legal
Services Commission Act 1977 effected by
section 4 of this
Act apply, after the commencement of
section 4, in
relation to charged land whether the charge was created before or after that
commencement.