131Costs to be in the discretion of the Court

131 Costs to be in the discretion of the Court (1) The costs of, and incidental to, all proceedings in the Court are in the discretion of the Court and the Court has full power to determine by whom, to whom and to what extent the costs are to be paid. S. 131(2) amended by No. 64/1996 s. 36. (2) Subsection (1) applies unless it is otherwise expressly provided by this or any other Act or by the Rules or the regulations. S. 131(2A) inserted by No. 33/1994 s. 18(1). (2A) In exercising its discretion under subsection (1) in a proceeding, the Court may take into account any unreasonable act or omission by, or on behalf of, a party to the proceeding that the Court is satisfied resulted in prolonging the proceeding. S. 131(2B) inserted by No. 33/1994 s. 18(1). (2B) The Court must not make an order awarding costs against a party in the exercise of its discretion under subsection (1) on account of any unreasonable act or omission by, or on behalf of, that party that the Court is satisfied resulted in prolonging the proceeding without giving that party a reasonable opportunity to be heard. S. 131(2C) inserted by No. 33/1994 s. 18(1), amended by No. 37/2014 s. 10(Sch. item 101.13). (2C) If the Court determines to award costs against an informant who is a police officer, the order must be made against the Chief Commissioner of Police. S. 131(3) amended by No. 68/2009 s. 97(Sch. item 82.51). (3) If— S. 131(3)(a) amended by No. 33/1994 s. 27(2). (a) a charge-sheet containing one or more charges is filed with a registrar; and (b) no filing fee is payable because of an exemption contained in the regulations; and S. 131(3)(c) amended by No. 68/2009 s. 97(Sch. item 82.51). (c) the accused is convicted of one or more of the alleged offences and is ordered to pay a fine— the Court must order the accused to pay by way of costs, in addition to the amount of the fine and any other costs, the amount of the filing fee that, but for the exemption, would have been payable. (4) This section and section 132 apply to a purported proceeding in the Court which is beyond the jurisdiction of the Court as if the purported proceeding were within jurisdiction. Note to s. 131 inserted by No. 78/2008 s. 16. See section 17D(1)(b) to (d) of the **Supreme Court Act 1986**. S. 131A inserted by No. 78/2008 s. 17.