COSTS IN CRIMINAL CASES ACT 1967 - SECT 4
Payment of costs
COSTS IN CRIMINAL CASES ACT 1967 - SECT 4
Payment of costs
4 Payment of costs
(1) A person to whom a certificate has been granted under this Act may apply
to the Director-General for payment from the Consolidated Fund of costs
incurred in the proceedings to which the certificate relates. The application
is to be accompanied by a copy of the certificate.
(2) The Director-General
may, if of the opinion that, in the circumstances of the case, the making of a
payment to the applicant is justified, determine the amount of costs that
should be paid to the applicant, not exceeding the maximum amount referred to
in subsection (3).
(3) The maximum amount is the amount that, in the opinion
of the Director-General, would reasonably have been incurred for costs by the
applicant in the proceedings, reduced by any amounts that, in the opinion of
the Director-General, the applicant:
(a) has received or is entitled to
receive, or
(b) would, if the applicant had exhausted all relevant rights of
action and other legal remedies available to the applicant, be entitled to
receive,
independently of this Act, because of the applicant's having incurred
those costs.
(4) The Director-General may refuse an application under this
section if of the opinion that, in the circumstances of the case, the making
of a payment to the applicant is not justified or (without limitation) if
costs are otherwise recoverable.
(5) The Director-General may defer
consideration of an application under this section for as long as the
Director-General considers it necessary to do so to enable the
Director-General to ascertain any amount referred to in subsection (3).
(6)
The amount specified in the determination is payable from the Consolidated
Fund to the applicant or to another person on the applicant's behalf. Any
payments from the Consolidated Fund under this section may be made without
further appropriation than this Act.
