Clause 96

by deleting subsection (1) and substituting the following subsection:“(1) The Court of Appeal or the High Court, in the exercise of its powers under Part XX, may —

on its own motion, make an order for costs to be paid by any party to any other party as the Court thinks fit; or

on the application of any party, make an order for costs, of such amount as the Court thinks fit, to be paid to that party by any other party.”; and

by deleting subsection (3) and substituting the following subsections:“(3) Before the Court of Appeal or the High Court makes any order for costs to be paid by an accused to the prosecution, the Court must be satisfied that —

the commencement, continuation or conduct of the matter under Part XX by the accused was an abuse of the process of the Court; or

the conduct of the matter under Part XX by the accused was done in an extravagant and unnecessary manner.(4) If the prosecution applies to the Court of Appeal or the High Court for an order for the costs of any matter under Division 1B of Part XX to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court.”.