Legal Aid (Amendment) Act 2001 (Vic)

Legal Aid (Amendment) Act 2001

Act No. 76/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Recovery of costs charged on property	2
4.	New section 47F inserted	2

47F. Action not barred by Limitation of Actions Act 1958 2

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ENDNOTES 4

i

Victoria

No. 76 of 2001

Legal Aid (Amendment) Act 2001†

[Assented to 27 November 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Legal Aid towards the cost of providing legal assistance.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Legal Aid (Amendment) Act 2001

s. 3 Act No. 76/2001

3. Recovery of costs charged on property

See:

Act No.	In section 27(1)(c)(ii) of the Legal Aid Act 1978,
9245.	after "property" insert ", whether land or any
Reprint No. 4
as at	other property,".
1 January
1999.
LawToday: dpc.vic.
gov.au

4. New section 47F inserted

After section 47E of the Legal Aid Act 1978 insert—

"47F. Action not barred by Limitation of Actions

Act 1958

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 money, being an amount payable by an assisted person to VLA under section 27 or an amount in respect of costs and
interest that the assisted person is required to
reimburse or pay to VLA under section

48(6), if payment of the money is or was—

(a) secured in accordance with a condition referred to in section 27(1)(c), whether by a charge taken out under section

47A(1) or otherwise; or

(b) secured by a charge taken out under section 47A(2); or

(c) secured under section 48(6); or

(d) secured by a charge taken out under section 48A as inserted by the Legal Aid Commission (Amendment) Act 1986 and repealed by the Legal Aid

Legal Aid (Amendment) Act 2001

Act No. 76/2001	s. 4
Commission (Amendment) Act 1992; or
(e)	secured by a charge otherwise lawfully taken out for the benefit of the Legal Aid Fund established under section 41 or the Legal Aid Fund established under section 10 of the Legal Aid Act 1969—

and such an action may be brought at any
time, whether or not that action could have
been brought before the commencement of

the Legal Aid (Amendment) Act 2001.".

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Legal Aid (Amendment) Act 2001

Endnotes Act No. 76/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 19 September 2001

Legislative Council: 7 November 2001

The long title for the Bill for this Act was "to amend the Legal Aid Act
1978 and for other purposes."