Criminal Procedure Act 1921

If proceedings in the Magistrates Court are delayed through the neglect or incompetence of a legal practitioner, the Magistrates Court may—

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);

order the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;

order the legal practitioner to pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the

If proceedings are delayed through the neglect or incompetence of a prosecutor who is not a legal practitioner, the Magistrates 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.

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 Magistrates Court when required to do so, the

an order that the party or witness indemnify any party for costs resulting from the obstruction or delay;

an order that the party or witness pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the

Before making an order under subsection (1),

or (3), the Magistrates 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.

A person against whom an order for costs is made under subsection (1),

or (3) has the same rights of appeal as a party to a civil action.