Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 13

13 Amendment of s 22 (Abortive proceedings and new trials after proceedings discontinued)

(1) Section 22(1)(b)—
omit, insert—

(b) an appeal on a question of law, or on the ground there was a miscarriage of justice, against the conviction of a person (the
"appellant" ) convicted on indictment succeeds, and a new trial is ordered; or

(2) Section 22(1), from ‘such costs’—
omit, insert—
the costs the board considers have been thrown away or partly thrown away by the person or on the person’s behalf in the proceedings.

(3) After section 22(1)—
insert—

(1B) For subsection (2), costs
"thrown away" in relation to proceedings include costs that are reasonably incurred before, but are wasted when—

(a) the proceedings are rendered abortive; or

(b) the conviction is quashed; or

(c) the hearing of the proceedings is discontinued.

(4) Section 22(1A) to (3)—
renumber as section 22(1) to (5).