Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The costs of an investigation are payable out of the fidelity fund.
(2) However, the licensing body may decide that all or part of the costs of carrying out the investigation is payable to the licensing body, and decide the amount payable, if—
(a) an investigator states in his or her report that there is evidence that a breach of this Act has been committed or that a default (within the meaning of part 3.4 (Fidelity cover)) has happened in relation to the law practice whose affairs are under investigation; and
(b) the licensing body is satisfied that the breach or default is intentional or of a substantial nature.
Note This Act is defined in the dictionary.
(3) An amount decided by the licensing body under subsection (2) is a debt owing to the licensing body by the law practice whose affairs are under investigation.
(4) A person may appeal to the Supreme Court against a decision of the licensing body under subsection (2).
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).