Clause 97

by inserting, immediately after the words “costs have been incurred unreasonably or improperly in any proceedings” in subsection (1), the words “(for example, by commencing, continuing or conducting a matter the commencement, continuation or conduct of which is an abuse of the process of the Court)”; and

by inserting, immediately after subsection (1), the following subsection:“(1A) If the Court of Appeal or the High Court makes an order under subsection (1)(a) or (b) in respect of any proceedings for a matter under Division 1B of Part XX, and the prosecution has applied to the Court for an order for the costs of that matter to be paid to the prosecution on the ground that the commencement, continuation or conduct of that matter 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 was an abuse of the process of the Court.”.