(1) Subject to this Act, where a Federal appeal succeeds on a question of law and there is no respondent to the appeal, the court that heard the appeal may, on the application of the appellant, 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 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 the costs incurred by the appellant in relation to the appeal.