Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 - SECT 37

Costs

  (1)   Where the Tribunal allows an appeal, it may, if it thinks fit, direct the payment by the Commonwealth to the appellant of such sums as appear to the Tribunal reasonably sufficient to compensate the appellant for expenses properly incurred by him or her in the prosecution of his or her appeal, and any proceedings preliminary or incidental to the appeal, or in carrying on his or her defence against the charge or charges out of which the appeal arose.

  (2)   The Finance Minister shall pay to an appellant, out of moneys provided by the Parliament for the purpose, any sum which the Commonwealth is directed to pay to the appellant under subsection   (1).

  (3)   Where the Tribunal dismisses an appeal or an application for leave to appeal, it may, if it thinks fit, order the appellant to pay to the Commonwealth the whole or any part of the costs of the appeal or application, including allowances paid to a witness under section   34 and the costs of copying or transcribing any documents for the use of the Tribunal.

  (4)   An order made under the last preceding subsection may be enforced in such manner as is prescribed.



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