Victorian Bills Explanatory Memoranda

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LEGAL AID (AMENDMENT) BILL 2001

               Legal Aid (Amendment) Bill

                         Circulation Print

              EXPLANATORY MEMORANDUM


Clause 1   sets out the purpose of the Act, which is to amend the Legal Aid
           Act 1978 (the Act) to further secure client contributions towards
           the cost of providing legal assistance.

Clause 2   provides that the Act will commence on the day it receives Royal
           Assent.

Clause 3   amends section 27(1)(c) of the Act to make it clear that Victoria
           Legal Aid (VLA) has the power to charge any property in which
           the assisted person has an interest, including land.

Clause 4   inserts a new section 47F into the Act. Section 47F provides that
           section 20 of the Limitation of Actions Act 1958 does not
           apply, and is deemed never to have applied to an action brought
           by VLA to recover contributions payable by assisted persons
           under the Act and secured by way of equitable or statutory
           charge. Contributions so secured remain payable, despite the
           operation of the Limitation of Actions Act 1958.




541211                                       BILL LA CIRCULATION 20/9/2001
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