Section 189A(2) of the Summary Procedure Act 1921 (SA) mandates a costs order of $100 against defendants found guilty in police prosecutions, and the prosecution's power under s 189A(3) to agree that the order not be made is a bare discretionary power with no obligation to consider its exercise. Section 13 of the Criminal Law (Sentencing) Act 1988 (SA) applies to such costs orders (per majority, Kourakis CJ and Blue J) but only if the precondition of inability to pay is established on the evidence. The provision is not constitutionally invalid under the Kable doctrine.
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