Commonwealth Numbered Acts

FEDERAL PROCEEDINGS (COSTS) ACT 1981 No. 23 of 1981 - SECT 7

7. (1) Subject to this Act, where -

   (a)  a respondent to a Federal appeal is, in pursuance of an order of a
        court, required to pay to an appellant any costs (in this section
        referred to
as the "relevant costs") incurred by the appellant in relation to the appeal;
and

   (b)  under sub-section 6 (1) or (2), the respondent is entitled to apply to
        the court for a costs certificate in respect of the appeal, the court,
        on the application of the appellant, may, if it is satisfied that -

   (c)  the respondent is, by reason of lack of means, unable to pay the
        relevant costs or a part of the relevant costs;

   (d)  the payment of the relevant costs or a part of the relevant costs
        would cause the respondent undue hardship; or

   (e)  the whereabouts of the respondent are unknown, grant to the appellant
        a costs certificate in respect of the appeal.

(2) The certificate that may be granted under sub-section (1) by a court to an
appellant to a Federal appeal is a certificate stating that, in the opinion of
the court, it would be appropriate for the Attorney-General to authorize a
payment under this Act to the appellant in respect of -

   (a)  where paragraph (1) (c) applies - the whole of the relevant costs or
        that part of the relevant costs that the respondent is unable to pay;

   (b)  where paragraph (1) (d) applies - the whole of the relevant costs or
        that part of the relevant costs the payment of which would cause the
        respondent undue hardship; or

   (c)  where paragraph (1) (e) applies - the relevant costs.