85Assistance to an applicant

85 Assistance to an applicant

(1) For the purposes of subsection 42(1) of the Act, subject to this Division, the approving Minister may approve payment by the Commonwealth of: (a) the costs of an applicant’s legal representation in relation to proceedings and other costs related to proceedings; and (b) damages or costs awarded against an applicant; and (c) a reasonable amount payable by an applicant in the settlement of proceedings; and (d) a fine or penalty imposed on an applicant; and (e) the costs of legal representation in responding to a subpoena and other costs related to providing a response to a subpoena. (2) Assistance is payable in accordance with the approval, subject to this instrument. (3) Assistance extends to the payment of costs for an appeal against, or a review of, a decision in proceedings for which the approval was given. (4) The approving Minister may reduce the amount of assistance payable if the approving Minister is satisfied that the applicant has breached this instrument or a condition of the approval. (5) The approving Minister may defer making a decision whether to approve payment of assistance in whole or part until the proceedings reach a point at which the approving Minister considers it appropriate to make the decision. (6) Assistance approved in relation to the defence of an indictable offence must be limited initially to the preparation and conduct of committal proceedings. (7) Assistance for payment of a fine or penalty imposed or costs awarded against the applicant in criminal proceedings must not be approved until the fine or penalty is imposed or the costs are awarded.