Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 76

Costs incurred on variation of forfeiture or restraining orders on applications by third parties
(1)  In this section –
person includes the State;
third party , in relation to a forfeiture order or restraining order, means a person who is not the subject of the order;
vary includes limit the manner in which an order applies.
(2)  If –
(a) the Supreme Court makes an order under this Act varying a forfeiture order or restraining order that is registered under a corresponding law of another State; and
(b) the variation is made on the application of a third party and affects the interests of the third party in relation to property in that other State
the Supreme Court may, having regard to any matters it considers appropriate, order that all the costs incurred by the third party in applying for and obtaining the variation, or such part of those costs as is determined by the Court, be paid to the third party.
(3)  The costs are to be paid by the person specified by the Supreme Court.
(4)  The Supreme Court may direct in what manner the costs are to be ascertained.
(5)  Nothing in this section restricts or affects the powers of the Supreme Court to award costs under any other law.



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