Legal Services Commission (Charges on Land) Amendment Act 2011 (SA)

South Australia

Legal Services Commission (Charges on Land) Amendment Act 2011

An Act to amend the Legal Services Commission Act 1977.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Legal Services Commission (Charges on Land) Amendment Act 2011.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Legal Services Commission Act 1977

4Amendment of section 18A – Legal assistance costs may be secured by charge on land

1. (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. (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. (3)

   Section 18A—after subsection (6) insert:

   1. (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.