Document ID: chunk:federal_register_of_legislation:C2024C00496:section:7
Version: federal_register_of_legislation:C2024C00496
Segment Type: section
Provision Reference: s 7
Character Range: 9718–11258

7  Costs certificates for appellants—Federal appeals
 (1) Subject to this Act, where:
 (a) a respondent to a Federal appeal is, in pursuance of an order of a court, required to pay to an appellant any costs (in this section referred to as the relevant costs) incurred by the appellant in relation to the appeal; and
 (b) under subsection 6(1) or (2), the respondent is entitled to apply to the court for a costs certificate in respect of the appeal;
the court, on the application of the appellant, may, if it is satisfied that:
 (c) the respondent is, by reason of lack of means, unable to pay the relevant costs or a part of the relevant costs;
 (d) the payment of the relevant costs or a part of the relevant costs would cause the respondent undue hardship; or
 (e) the whereabouts of the respondent are unknown;
grant to the appellant a costs certificate in respect of the appeal.
 (2) The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of:
 (a) where paragraph (1)(c) applies—the whole of the relevant costs or that part of the relevant costs that the respondent is unable to pay;
 (b) where paragraph (1)(d) applies—the whole of the relevant costs or that part of the relevant costs the payment of which would cause the respondent undue hardship; or
 (c) where paragraph (1)(e) applies—the relevant costs.