Criminal Code Act 1995

This section applies if:

a post‑sentence order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and

the offender, due to circumstances beyond the offender’s control, is unable to engage a legal representative in relation to the proceeding.

The Court may make either or both of the following orders:

an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;

an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender’s legal representation for the proceeding.

The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:

whether circumstances are beyond the offender’s control;

reasonable costs and expenses of the offender’s legal representation for the proceeding.

This section does not limit any other power of the Court.