101Conditions that must not be placed on approval—criminal proceedings

101  Conditions that must not be placed on approval—criminal proceedings

  If a decision-maker grants an approval that involves agreeing to pay:

 (a) costs awarded against an eligible person in criminal proceedings; or

 (b) any penalty payable by the person as a result of those proceedings;

that approval must not be subject to a condition that the person agree to their defence being controlled by the responsible entity.

Note: This does not affect the other sections of this Part. For instance, the decision-maker may still only grant an approval to pay an amount that is reasonable, in accordance with subsection 95(1), and must, unless they consider this inappropriate in the circumstances, defer the decision as to whether to approve assistance to cover the cost of any damages, fines, penalties or costs awarded against them until the proceedings are concluded (see subsection 98(2)).