Queensland Consolidated Acts

APPEAL COSTS FUND ACT 1973 - SECT 22

(1A) This section does not apply to a guideline proceeding.

(1) Where after the commencement of this Act—

(a) any civil or criminal proceedings are rendered abortive by the death or illness of the judge, master, magistrate or justice before whom the proceedings were had or in the case of proceedings had before the Industrial Court on appeal, of any member of that court or by disagreement on the part of the jury where the proceedings are with a jury; or

(b) an appeal on a question of law against the conviction of a person (the appellant) convicted on indictment is upheld and a new trial is ordered; or

(c) the hearing of any civil or criminal proceeding is discontinued and a new trial ordered by the presiding judge, magistrate or justice for a reason not attributable in any way to the act, neglect or default, in the case of civil proceedings, of any of the parties thereto or their legal representatives, or, in the case of criminal proceedings, of the accused or the accused's legal representatives, and the presiding judge, magistrate or justice grants a certificate (which certificate the presiding judge, magistrate or justice is hereby authorised to grant)—

(i) in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or

(ii) in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused's legal representatives;

any party to the civil proceedings or the accused in the criminal proceedings or the appellant, as the case may be, who pays or is ordered to pay additional costs or on whose behalf additional costs are paid or ordered to be paid by reason of the new trial shall be entitled to be paid from the fund such costs as the board considers have been reasonably incurred by the person or on the person's behalf in the proceedings before they were rendered abortive or the conviction was quashed or the hearing of the proceedings was discontinued, as the case may be.

(2) No amount shall be paid from the fund under this section to the Crown.

(3) For the purposes of this section, where in criminal proceedings a presiding judge, magistrate or justice directs that the proceedings being heard be discontinued with a view to other criminal proceedings based on the facts alleged against the accused being instituted, it shall be deemed that a new trial is ordered.