Counter-Terrorism Legislation Amendment Act (No. 1) 2018 (74 of 2018)

Schedule 1   Amendments

Part 1   Control orders and preventative detention orders

Criminal Code Act 1995

6   After section 104.28A of the Criminal Code

Insert:

104.28AA Costs in control order proceedings

(1) In proceedings in relation to a control order (including proceedings to vary or revoke a control order), an issuing court must not make an order for costs against the person in relation to whom the control order is sought (or has been made).

(2) However, subsection (1) does not apply to the extent that the court is satisfied that the person has acted unreasonably in the conduct of the proceedings.