(a) a restraining order or a civil forfeiture S. 143(1)(a) restraining order or an unexplained wealth amended by Nos 68/2010 restraining order has been made in respect of s. 66(a)(b), property of a person and the restraining order 79/2014 s. 41(1). or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, is in force; and (b) the person is in need of legal assistance in S. 143(1)(b) amended by respect of any legal proceeding, whether Nos 18/2005 civil or criminal, and whether in respect of a s. 18(Sch. 1 item 17.2), charge to which the restraining order or the 68/2010 civil forfeiture restraining order or the s. 66(b), 79/2014 unexplained wealth restraining order, as the s. 41(1)(b). case requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978) from unrestrained property or income of the person— the court may order Victoria Legal Aid to provide legal assistance to the person, on any conditions specified by the court, and may adjourn the legal proceeding until such assistance has been provided. (2) Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must provide legal assistance in accordance with an order made under subsection (1). (3) If— (a) a court makes an order under this section; and (b) a condition of the provision of legal assistance is that the cost or part of the cost, and any interest payable on the whole or the part of the cost, to Victoria Legal Aid of
S. 143(1)(a) amended by Nos 68/2010 s. 66(a)(b), 79/2014 s. 41(1). (a) a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made in respect of property of a person and the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, is in force; and S. 143(1)(b) amended by Nos 18/2005 s. 18(Sch. 1 item 17.2), 68/2010 s. 66(b), 79/2014 s. 41(1)(b). (b) the person is in need of legal assistance in respect of any legal proceeding, whether civil or criminal, and whether in respect of a charge to which the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978) from unrestrained property or income of the person— the court may order Victoria Legal Aid to provide legal assistance to the person, on any conditions specified by the court, and may adjourn the legal proceeding until such assistance has been provided. (2) Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must provide legal assistance in accordance with an order made under subsection (1). (3) If— (a) a court makes an order under this section; and (b) a condition of the provision of legal assistance is that the cost or part of the cost, and any interest payable on the whole or the part of the cost, to Victoria Legal Aid of
97-108a081.docx