New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 42A

42A Children's Court may make orders regarding court costs

(1) The Children's Court may, at the end of summary proceedings in which a person is found guilty of an offence, order that the person pay court costs.

(2) Court costs ordered to be paid under this section are in addition to, and do not form part of, any pecuniary penalty imposed in respect of the offence.

(3) The court costs are to be paid to the registrar of the court. The registrar is to pay the costs to the prosecutor if court costs have been paid by the prosecutor in respect of the proceedings.

(4) The amount of court costs ordered to be paid under this section cannot exceed the amount of the court costs levy that would be payable under section 211A of the Criminal Procedure Act 1986 if that section applied to the offence.

(5) An order for the payment of court costs by a person may be included in any order made under section 33 in relation to the person.

(6) This section applies to all summary proceedings before the Children's Court, including proceedings conducted in the absence of the accused person.

(7) This section applies to summary proceedings before the Local Court relating to a traffic offence in which a person is dealt with under Division 4 (by virtue of section 210 of the Criminal Procedure Act 1986 ) in the same way as it applies to proceedings before the Children's Court.

(8) This section does not apply to a finding of guilt that the regulations exempt from the operation of this section.

(9) An order made by a court under this section for the payment of costs is taken to be a fine within the meaning of the Fines Act 1996 .