107Providers to protect Commissioner's interests in relation to charges and proceeds of proceedings

1. This section applies to every person who provides legal aid services or specified legal services under a grant of legal aid.

2. Every person to whom this section applies—

3. must take all reasonable steps to protect the interests of the Commissioner under a charge in favour of the Commissioner, whether the charge—
   1. is approved in accordance with a condition imposed under section 18(3); or
   2. arises by operation of section 36; and
4. has a duty not to do or permit anything that would or might effect the transfer of property subject to a charge in favour of the Commissioner; and
5. must advise the Commissioner if he or she is aware that the aided person has avoided, is avoiding, or is attempting to avoid making payments to the Commissioner from proceeds of proceedings.

6. For the purposes of subsection (2)(c), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person to whom this section applies from complying with subsection (2)(c).

7. If a person to whom this section applies fails to fulfil his or her duties under this section, the money that should have been paid to the Commissioner under a charge or from proceeds of proceedings may be deducted from any money owing by the Commissioner to that person.