Section 101 of the Proceeds of Crime Act 1987 (Cth) is not an exclusive code for cost recovery against the Commonwealth. The Supreme Court retains a general discretion to award costs against the Commonwealth in proceedings under the Act even where the conditions in s101 are not satisfied, including where the applicant cannot establish non-involvement in the offence under s101(1)(c). However, the discretion will rarely be exercised in favour of such an applicant, and more must be shown than the bare fact of lawful acquisition of the property. Applications under s48(4) for declarations that restraining orders be disregarded for s30 purposes do not fall within s101(1)(a).
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