CONFISCATION ACT 1997 - SECT 133A Costs
CONFISCATION ACT 1997 - SECT 133A
Costs(1) Costs may only be awarded in accordance with this section.
S. 133A(1A) inserted by No. 68/2010 s. 30(2).
(1A) Nothing in subsection (1) affects the power of the court to award costs in any circumstances not referred to in this section.
(2) If—
(a) a person brings, or appears at, proceedings under this Act before a court in order—
(i) to prevent a forfeiture order or restraining order from being made against property of the person; or
(ii) to have property of the person excluded from a forfeiture order or restraining order; and
(b) the person is successful in those proceedings; and
(c) the court is satisfied that the person was not involved in any way in the commission of the offence in respect of which the forfeiture order or restraining order was sought or made—
the court may order the applicant for the forfeiture order or restraining order to pay all costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the court.
S. 133A(3) amended by No. 68/2010 s. 63(c).
(3) If a person brings, or appears at, proceedings under this Act before the Supreme Court in order—
S. 133A(3)(a) amended by No. 68/2010 s. 63(a).
(a) to prevent a civil forfeiture order or a civil forfeiture restraining order from being made against property of the person; or
S. 133A(3)(b) amended by No. 68/2010 s. 63(b).
(b) to have property of the person excluded from a civil forfeiture order or a civil forfeiture restraining order—
the Supreme Court may order the applicant for the civil forfeiture order or civil forfeiture restraining order to pay all costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the Court if—
(c) the Supreme Court refuses to make a civil forfeiture order under section 38; or
S. 133A(3)(d) amended by Nos 68/2009 s. 97(Sch. item 23.64), 68/2010 s. 63(d).
(d) the person is successful in those proceedings.
S. 133A(3A) inserted by No. 79/2014 s. 38(1).
(3A) If—
(a) a person brings, or appears at, proceedings under this Act before a court in order—
(i) to prevent an unexplained wealth restraining order from being made against property of the person; or
(ii) to have property of the person excluded from an unexplained wealth restraining order or from unexplained wealth forfeiture; and
(b) the person is successful in those proceedings—
the court may order the applicant for the unexplained wealth restraining order to pay all the costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the court.
S. 133A(4) amended by No. 79/2014 s. 38(2).
(4) The amount of costs referred to in subsections (2), (3) and (3A) is in the discretion of the court.
Note to s. 133A inserted by No. 42/2007 s. 18(Sch. item 21).
Note
Property is defined as including any interest in property: see section 3(1).