New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 90

90 Costs incurred on variation of orders or notices on application by third parties

(1) If--

(a) a court makes an order under this Act varying a forfeiture order, restraining order or freezing notice that is registered under a corresponding law of another State, and

(b) the variation is made on the application of a third party and affects the interests of the third party in relation to property in that other State,

the court may order that the actual costs incurred by the third party in applying for and obtaining the variation be paid to the third party.

(2) The court may instead order that part only of those costs be paid, if it is satisfied that special circumstances warrant such an order.

(3) The costs shall be paid by a person or authority specified by the court.

(4) The court may direct in what manner the costs are to be ascertained.

(5) Nothing in this section limits the powers of the court to award costs under any other law.

(6) In this section--

"third party" , in relation to a forfeiture order, restraining order or freezing notice, means a person who is not the subject of the order or notice.

"vary" includes limit the manner in which an order or notice applies.