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PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 205
Recovery of costs of investigation
205 Recovery of costs of investigation
(1) This section applies if— (a) a court convicts a person of an offence
against this Act; and
(b) the chief executive applies to the court for an
order against the person for the payment of the costs the chief executive
incurred in taking a thing, conducting an analysis or doing something else for
the investigation of the offence; and
(c) the court finds the chief executive
has reasonably incurred the costs.
(2) The court may order the person to pay
the chief executive an amount equal to the costs if it is satisfied it would
be just to make the order in the circumstances of the particular case.
(3)
This section does not limit the court’s powers under the
Penalties and Sentences Act 1992 or another law.
(4) An application to a
court under this section, and an order made by the court on the application,
is a judgment in the court’s civil jurisdiction.
(5) An issue on the
application is to be decided on the balance of probabilities.
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