Commonwealth Numbered Acts

Family Law Amendment (Legal Aid Costs) Act 1983 No. 67 of 1983 - SECT 3

3. Before section 117 of the Principal Act the following sections are
inserted: Financial assistance subject to conditions

''116A. (1) Payments by way of financial assistance, for the purposes of, or
in connection with, the provision of legal assistance in connection with
matters arising under this Act or under the regulations, may be made to a
State or to the Northern Territory-

   (a)  out of moneys lawfully available; and

   (b)  on such conditions (if any) as are specified by the Minister by
        instrument in writing, being conditions relating to the provision of
        legal assistance in connection with such matters.

''(2) A payment by way of financial assistance that is made on conditions
specified by the Minister in an instrument made under sub-section (1) is made
on the additional condition that, if a condition so specified is not
fulfilled, the State or the Northern Territory, as the case requires, will, if
the Minister so determines, repay to the Commonwealth such amount (not being
an amount greater than the amount of the payment) as the Minister specifies in
the determination as the amount that should be repaid by the State or by the
Northern Territory, as the case may be.

''(3) An amount repayable by a State or by the Northern Territory to the
Commonwealth in accordance with the condition provided for in sub-section (2)
is a debt due by the State or by the Northern Territory, as the case may be,
to the Commonwealth.

''(4) This section binds the Crown in right of the Commonwealth, of each of
the States and of the Northern Territory. Payments subject to conditions

''116B. (1) Payments may be made by the Commonwealth, for the purposes of, or
in connection with, the provision of legal assistance in connection with
matters arising under this Act or under the regulations-

   (a)  out of moneys lawfully available; and

   (b)  on such conditions (if any) as are specified by the Minister by
        instrument in writing, being conditions relating to the provision of
        legal assistance in connection with such matters.

''(2) A payment that is made on conditions specified by the Minister in an
instrument made under sub-section (1) is made on the additional condition
that, if a condition so specified is not fulfilled, the person to whom, or the
authority or body to which, the payment was made will, if the Minister so
determines, repay to the Commonwealth such amount (not being an amount greater
than the amount of the payment) as the Minister specifies in the determination
as the amount that should be repaid by the person, authority or body, as the
case may be.

''(3) An amount repayable by a person, authority or body to the Commonwealth
in accordance with the condition provided for in sub-section (2) is a debt due
by the person, authority or body, as the case may be, to the Commonwealth.

''(4) This section binds the Crown in right of the Commonwealth, of each of
the States, of the Northern Territory and of Norfolk Island. Payments to legal
practitioners by legal aid bodies

''116C. (1)The regulations may, in relation to matters included in a class of
matters arising under this Act or under the regulations, fix or limit, or
provide for the fixing or limiting of, the amounts that may be paid by
relevant authorities to legal practitioners acting in such matters.

''(2) A relevant authority that pays, to a legal practitioner acting in a
matter arising under this Act or under the regulations, an amount that exceeds
the amount that the relevant authority is permitted, by regulations made under
sub-section (1), to pay to that legal practitioner in respect of that matter
is, if the Minister so determines by instrument in writing, liable to pay to
the Commonwealth such amount as the Minister specifies in the instrument, not
being an amount greater than the amount of the excess.

''(3) An amount payable by a relevant authority to the Commonwealth in
accordance with a determination of the Minister under sub-section (2) is a
debt due by the relevant authority to the Commonwealth.

''(4) This section, and regulations made under sub-section (1), bind the Crown
in right of the Commonwealth, of each of the States, of the Northern Territory
and of Norfolk Island.

''(5) In this section-

'relevant authority' means a person, authority or body (including an authority
or body established by or under a law of a State or Territory) that, from time
to time, receives relevant funding;

'relevant funding', in relation to a person, authority or body, means funding
received, whether directly or indirectly, by the person, authority or body
from the Commonwealth for the purposes of, or in connection with, the
provision of legal assistance by the person, authority or body in connection
with matters arising under this Act or under the regulations.''.