7Costs certificates for appellants—Federal appeals

7 Costs certificates for appellants—Federal appeals

(1) Subject to this Act, where: (a) a respondent to a Federal appeal is, in pursuance of an order of a court, required to pay to an appellant any costs (in this section referred to as the relevant costs) incurred by the appellant in relation to the appeal; and (b) under subsection 6(1) or (2), the respondent is entitled to apply to the court for a costs certificate in respect of the appeal; the court, on the application of the appellant, may, if it is satisfied that: (c) the respondent is, by reason of lack of means, unable to pay the relevant costs or a part of the relevant costs; (d) the payment of the relevant costs or a part of the relevant costs would cause the respondent undue hardship; or (e) the whereabouts of the respondent are unknown; grant to the appellant a costs certificate in respect of the appeal. (2) The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of: (a) where paragraph (1)(c) applies—the whole of the relevant costs or that part of the relevant costs that the respondent is unable to pay; (b) where paragraph (1)(d) applies—the whole of the relevant costs or that part of the relevant costs the payment of which would cause the respondent undue hardship; or (c) where paragraph (1)(e) applies—the relevant costs.