Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The costs of an investigation are payable out of the fidelity fund.
(2) However, the licensing body may decide that all or part of the costs of the investigation is payable to the licensing body, and decide the amount payable, if—
(a) the investigator states in his or her report that there is evidence a breach of this Act has been committed or that fraud or defalcation has been detected; and
(b) the licensing body is satisfied the breach is intentional or of a substantial nature.
Note This Act is defined in the dictionary.
(3) An amount decided by the licensing body under subsection (2) is a debt owing to the licensing body by the law practice whose affairs were investigated.
(4) Before seeking to recover the amount payable, the licensing body must give the law practice an information notice about the licensing body's decision (including the amount decided by it as being payable).
(5) A person may appeal to the Supreme Court against a decision of the licensing body under subsection (2).
(6) On appeal, the Supreme Court may make any order it considers appropriate.