Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts8. After section 31 of the Principal Act the following section is inserted:
“31A. (1) Where the provision of legal assistance is subject to the condition referred to in paragraph 31 (1) (c), the Chief Executive Officer may lodge with the Registrar of Titles for registration a notice specifying the land to be charged and certifying that an amount is payable by the proprietor of the land to the Commission under this Act.
“(2) An amount payable to the Commission by a person in respect of whose land a notice under subsection (1) has been registered is a charge on the land.
“(3) The Registrar of Titles shall register a notice under subsection (1).
“(4) The Chief Executive Officer shall notify the assisted person in writing of the lodgment of a notice under subsection (1).
“(5) Subsection 48 (1B) of the Real Property Act 1925 does not apply to a notice under subsection (1).
“(6) Subject to subsection (7), the Commission has the same power of sale over the land charged as a mortgagee who, under section 94 of the Real Property Act 1925 , is entitled to sell the estate and interest of the mortgagor.
“(7) The Commission may not exercise its power of sale under subsection (6) unless—
(a) where the Commission has issued a direction under subsection 31 (2)—the legally assisted person is in breach of that direction;
(b) at least 1 year before exercising the power the Commission has served on the legally assisted person a notice that—
(i) states the amount then due to the Commission by the person;
(ii) demands payment of the amount payable to the Commission by the person; and
(iii) states that, unless that amount, together with interest thereon until the day of payment, is paid, the Commission may exercise its power of sale under the charge at the expiration of the period of 12 months after the date of service of the notice; and
(c) at least 2 months before exercising the power the Commission has served on the legally assisted person and every other person who appears to have an interest in the land a notice that states—
(i) the amount then due to the Commission by the legally assisted person; and
(ii) that, unless that amount together with interest thereon is paid within the period of 2 months after the date of service of the notice, the Commission may exercise its power of sale.
“(8) Where—
(a) an amount equal to the amount secured by a charge under this section is paid;
(b) the Commission has exercised its power of sale under subsection (6); or
(c) the Commission determines that the charge is no longer required;
the Chief Executive Officer shall lodge with the Registrar of Titles a notice discharging the land from any amount due to the Commission and notify the legally assisted person that he or she has done so.
“(9) Upon the lodgment of a notice under subsection (8) the Registrar of Titles shall make an entry in the Register Book noting that the land is discharged.
“(10) In this section ‘land' and ‘proprietor' have the same respective meanings as they have in the Real Property Act 1925 .”.