South Australian Numbered Acts South Australian Numbered Acts18—Substitution of section 189
Section 189—delete section 189 and substitute:
189—Costs generally
Subject to sections sections 189A to 189D (inclusive), the Court may award such costs for or against a party to proceedings as the Court thinks fit.
189A—Costs payable by defendant in certain criminal proceedings
(1) This section does not apply to—
(a) a defendant who enters a written plea of guilty in accordance with section 57A; or
(b) an enforcement procedure under section 13 of the Expiation of Offences Act 1996 .
(2) If the Court finds a defendant guilty in proceedings for an offence prosecuted by a police officer, the Court must, subject to subsection (3), make an order for costs against the defendant for—
(a) if an amount is prescribed by regulation for the purposes of this subsection—the prescribed amount; or
(b) if no such amount is prescribed—$100.
(3) If the prosecution agrees that an order under subsection (2) should not be made, the Court may instead make some other order as to costs (or may make no order as to costs).
189B—Costs in preliminary examination
Despite any other provision of this Part, costs will not be awarded against a party to a preliminary examination of an indictable offence unless the Court is satisfied that the party has unreasonably obstructed the proceedings.
189C—Costs against complainant in proceedings for restraining order
(1) Despite any other provision of this Part, costs will not be awarded against a complainant in proceedings for a restraining order unless the Court is satisfied that the complainant has acted in bad faith or unreasonably in bringing the proceedings.
(2) In this section—
"complainant", in relation to a restraining order, includes an applicant for a restraining order;
"restraining order" includes a domestic violence restraining order under the Domestic Violence Act 1994 and an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 .
189D—Costs—delay or obstruction of proceedings
(1) If proceedings are delayed through the neglect or incompetence of a legal practitioner, the Court may—
(a) disallow the whole or part of the costs as between the legal practitioner and his or her client (and, where appropriate, order the legal practitioner to repay costs already paid);
(b) order the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;
(c) order the legal practitioner to pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted.
(2) If proceedings are delayed through the neglect or incompetence of a prosecutor who is not a legal practitioner, the Court may order the Crown, or, where the prosecution is brought on behalf of a body that does not represent the Crown, that body, to indemnify any party to the proceedings for costs resulting from the delay.
(3) If proceedings are unreasonably obstructed by a party or a witness, or proceedings are delayed through the failure of a party or a witness to appear before the Court when required to do so, the Court may make either or both of the following orders:
(a) an order that the party or witness indemnify any party for costs resulting from the obstruction or delay;
(b) an order that the party or witness pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the obstruction or delay.
(4) Before making an order under subsection (1), (2) or (3), the Court must inform the person against whom the order is proposed of the nature of the proposed order and allow that person a reasonable opportunity to give or call evidence and make representations on the matter.
(5) A person against whom an order for costs is made under subsection (1), (2) or (3) has the same rights of appeal as a party to a civil action.