Western Australian Consolidated Acts

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OFFICIAL PROSECUTIONS (ACCUSED'S COSTS) ACT 1973 - SECT 9

9 .         Payment of costs ordered

                Where costs are ordered under this Act — 

            (a)         if the public official a party to the proceedings is a Minister of the Crown, a person employed in the Public Service of the State, a member of the Police Force, or any other person acting as agent of or under the instructions of such a person, the Clerk or Registrar, as the case requires, of the court shall give to the accused a certificate signed by the Clerk or sealed with the Seal of the court, as the case requires, showing the amount of the costs ordered and on production of the certificate to the Treasurer, the accused shall be paid such costs out of the Consolidated Account; or

            (b)         if the public official a party to the proceedings is a person employed by a local government or any other statutory body, or is any other person acting as agent of or under the instructions of such a person or body, the costs shall be ordered against that body and shall be paid by it to the accused, and shall be recoverable as a civil debt.

        [Section 9 amended by No. 6 of 1993 s. 13; No. 14 of 1996 s. 4; No. 84 of 2004 s. 82; No. 77 of 2006 s. 4.]

[ 10.         Deleted by No. 65 of 1987 s. 41.]



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