GENERALLY NO COSTS AVAILABLE UNDER DRUGS MISUSE ACT
Section 127 of the Drugs Misuse Act provides that no costs shall be awarded with respect to any proceedings arising out of a charge of having committed an offence defined in the Drugs Misuse Act.
MOYNIHAN REFORMS ALLOW COSTS FOR FAILURE TO COMPLY WITH A DIRECTION ABOUT DISCLOSURE
The Moynihan reforms inserted an exception in section 127, allowing costs under the Drugs Misuse Act where a costs order is awarded under a “relevant provision” in relation to a failure to comply with a direction about disclosure.
The “relevant provisions” under which costs can be awarded for failing to comply with a direction about disclosure are:
- The Justices Act 1886 section 83B; and
- The Criminal Code section 590AAA4.
COMMENCEMENT OF MOYNIHAN REFORMS
The Moynihan reforms received assent on 13 August 2010. The reforms commenced in two stages via proclamation.
- Stage 1 commenced on 1 September 2010.
- Stage 2 commenced on 1 November 2010.
The amendment to section 127 allowing costs, as well as the “relevant provisions” under which costs can be ordered for failure to comply with a direction about disclosure, were both in stage 2 of the reforms.
They commenced on 1 November 2010.
S 63 of The Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010.
S 127 (3) of the Drugs Misuse Act 1986 (Qld).
S 127 (3) of the Drugs Misuse Act 1984 (Qld).
S 63 of the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010.