Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 323

  (1)   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 Commonwealth to pay all costs incurred by the person in connection with the proceedings or such part of those costs as is determined by the court.

  (2)   The costs referred to in subsection   (1) are not limited to costs of a kind that are normally recoverable by the successful party to civil proceedings.