Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.