Recovery of costs of investigation

In force

(1)

This section applies if—

(a)

a court convicts a person of an offence against this Act; and

(b)

the State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and

(c)

the court finds the State or local government has reasonably incurred the costs.

(2)

The court may order the person to pay the State or local government 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 any order made by the court on the application, is a judgment in the court’s civil jurisdiction.

(5)

Any issue is to be decided on the balance of probabilities.

This Act’s bill:Explanatory memorandum Second reading speech

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358 Recovery of costs of investigation