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.
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1986 (Qld).
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.
See http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2010/10AC026.pdf

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