An Act to amend the Bail Act 1978 in relation to the enforcement of bail agreements, to amend the Justices Act 1902 so as to abolish certain recognizances and to make consequential amendments to certain other Acts; and for other purposes.
1 Name of Act
This Act is the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Bail Act 1978 No 161
The Bail Act 1978 is amended as set out in Schedule 1.
4 Amendment of Justices Act 1902 No 27
The Justices Act 1902 is amended as set out in Schedule 2.
5 Amendment of other Acts
Each Act referred to in Schedule 3 is amended as set out in that Schedule.
Schedule 1 Amendment of Bail Act 1978
(Section 3)
[1] Section 4 Definitions
Omit the definition of court from section 4 (1). Insert instead:court means:(a) the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Relations Commission, the District Court or a Local Court, or(b) any other court which, or person who, exercises criminal jurisdiction.
[2] Section 6 Grant of bail to accused persons for certain periods
Omit “entering into a recognizance to prosecute proceedings in respect of a stated case” from section 6 (f).Insert instead “applying to a Justice or Justices for the statement of a case under section 101 of the Justices Act 1902”.
[3] Section 34 General undertaking to appear
Omit section 34 (1). Insert instead:(1) A person is not to be released on bail unless the person undertakes, in writing:(a) to appear before such court, on such day and at such time and place as are from time to time specified in a notice given or sent to the person as prescribed by the regulations, and(b) to notify that court from time to time of any change in the person’s residential address.
[4] Section 36 Conditions of bail
Insert after section 36 (6):(7) The authorised officer or court to whom the bail undertaking is given must take all reasonable steps to ensure that any person who enters into an agreement in compliance with a condition referred to in subsection (2) is made aware of:(a) the obligations incurred by the person under that agreement, and(b) in particular, the consequences that may follow if the accused person by whom the bail undertaking is given fails to comply with that undertaking.
[5] Sections 42A and 42B
Insert after section 42:42A Fraudulent disposal of assets(1) A person:(a) who enters into an agreement referred to in section 36 (2) (e) or (f) to forfeit a specified amount of money if an accused person fails to comply with his or her bail undertaking, andis guilty of an offence if he or she disposes of the property, or causes or allows the property to be disposed of, for the purpose of preventing the security from being realised.(b) who, under that agreement, deposits security in the form of property,Maximum penalty: imprisonment for 2 years.(2) Proceedings for an offence against this section are to be dealt with by a Local Court constituted by a Magistrate sitting alone.42B Revocation of bail if bail security no longer intact(1) A court may at any time revoke a person’s bail if it appears to the court that any security deposited for the purposes of a condition imposed on the grant of bail (the current bail security) is no longer intact:(a) having ceased to exist, or(b) having diminished in value, or(c) being no longer available as security for any reason (for example, because it is no longer in the ownership or control of the person by whom it was deposited).(2) The court must not revoke an accused person’s bail under this section unless:(a) it has caused written notice of the proposed revocation to be served on the accused person, and(b) it has given the accused person at least 28 days from the date on which the notice was served:(i) to demonstrate to the court that the current bail security is still intact, or(ii) to arrange for the deposit of replacement or supplementary security, whether by the person by whom the current bail security was deposited or by some other person.(3) The written notice:(a) must contain such information as the regulations require, and(b) must be sent by post to the person at the person’s address specified in the relevant bail undertaking or, if the person has subsequently notified the court of a change of address, to the person’s address most recently notified, and(c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.
[6] Section 53 Enforcement of bail agreements
Omit the section.
[7] Part 7A
Insert after Part 7:Part 7A Enforcement of bail agreementsDivision 1 Preliminary53 DefinitionsIn this Part:means such person or body representing the Crown as is declared by the regulations to be the appropriate State authority for the purposes of this Part.bail agreement means an agreement entered into under section 36 in connection with an accused person’s bail undertaking, whether entered into by the accused person or by any other person.bail guarantor means any person who enters into a bail agreement in connection with an accused person’s bail undertaking, other than the accused person.bail money means money agreed to be forfeited under a bail agreement.bail security means security given under a bail agreement to secure payment of bail money.forfeiture notice means a notice referred to in section 53B.forfeiture order means an order referred to in section 53A.person affected, in relation to a forfeiture order, means the accused person or bail guarantor whose bail money is forfeited to the Crown by operation of the order.registrar, in relation to a Local Court, means the clerk of the Local Court.statutory review period, in relation to a forfeiture order, means the period of 28 days during which a person affected by the order may file an objection to the confirmation of the order, as referred to in section 53C.Division 2 Forfeiture orders53A Court may make forfeiture order if accused fails to appear(1) If satisfied that an accused person has failed to comply with his or her bail undertaking to appear before it, the court:(a) with which the accused person entered into the undertaking, ormay make a forfeiture order in relation to any bail money agreed to be forfeited under an associated bail agreement.(b) before which the accused person is under a duty to appear under the undertaking,(2) A forfeiture order may not be made if more than 3 years have elapsed since the accused person allegedly failed to appear before the court in accordance with the relevant bail undertaking.53B Persons affected to be notified that forfeiture order has been made(1) As soon as practicable after a forfeiture order is made, the registrar of the court by which the order was made must cause written notice of the making of the order to be served on each person affected by the order.(2) The notice:(a) must contain such information as the regulations require, and(b) must be sent by post to the person at the person’s address specified in the relevant bail undertaking or, if the person has subsequently notified the court of a change of address, to the person’s address most recently notified, and(c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.(3) This section ceases to apply if, before the notice is sent, an oral objection to the confirmation of the forfeiture order is made under section 53E.53C Formal objection to confirmation of forfeiture order(1) Any person affected by a forfeiture order may file in the office of the court by which the order was made an objection to the confirmation of the order.(2) Such an objection may not be made more than 28 days after service of the forfeiture notice issued in relation to the forfeiture order.(3) An objection must be made in accordance with rules of court and must include the grounds on which the applicant intends to rely.(4) The court must ensure that notice of such an objection is given to the appropriate State authority in accordance with the regulations.53D Hearing of formal objection to confirmation of forfeiture order(1) The court to which an objection to the confirmation of a forfeiture order is duly made must conduct a hearing to determine whether or not the order should be confirmed.(2) After conducting a hearing, the court must confirm the forfeiture order unless it is satisfied that the accused person did not fail to comply with the relevant bail undertaking, in which case it must set the forfeiture order aside.(3) However, if it is satisfied that in the circumstances of the case it would be unjust for the forfeiture order to be confirmed in full in respect of a particular person affected by the order, the court:(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and(b) in that event, must confirm the order as so varied.(4) The court may be satisfied that it would be unjust for a forfeiture order to be confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the accused person complied with the relevant bail undertaking.53E Informal objection to forfeiture order(1) If, after a forfeiture order is made but before a forfeiture notice is served, a person affected by the order appears before the court by which the order was made, that person may make an oral objection to the court against the confirmation of the order.(2) The court must ensure that notice of the objection is given to the appropriate State authority in accordance with the regulations.(3) The court may deal with the objection as if it had been an objection filed in response to a forfeiture notice.53F When forfeiture order takes effect(1) A forfeiture order takes effect:(a) at the expiry of the statutory review period, or(b) if an objection to the confirmation of the order is filed in the court before the expiry of the statutory review period, at the time the order is confirmed under section 53D.(2) A forfeiture order does not take effect if it is set aside under section 53D.(3) No action may be taken to enforce a forfeiture order until the date the order takes effect.53G Effect of forfeiture order(1) As soon as a forfeiture order takes effect, the bail money to which it relates:(a) is forfeited to the Crown, in the case of bail money that is deposited with an authorised officer or court, orand (in the case of unpaid bail money) any bail security becomes enforceable in accordance with its terms.(b) becomes payable to the Crown, in the case of bail money that is agreed to be paid to an authorised officer or court,(2) Despite subsection (1), no action is to be taken to enforce any bail security the subject of a forfeiture order to which section 53K applies until 12 months after the date on which the order was made.53H Persons affected to be notified that forfeiture order has taken effect(1) As soon as practicable after a forfeiture order takes effect, the registrar of the court by which the order was made must cause written notice that the order has taken effect to be served on each person affected by the order.(2) The notice:(a) must contain such information as the regulations require, and(b) must be sent by post to the person at the person’s address specified in the relevant bail undertaking or, if the person has subsequently notified the court of a change of address, to the person’s address most recently notified, and(c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.53I Reference of forfeiture order for enforcement(1) If any bail money to which a forfeiture order relates remains unpaid after the order takes effect, the registrar of the court by which the order was made is to refer the following documents to the State Debt Recovery Office:(a) a copy of the forfeiture order,(b) a copy of the bail undertaking and of the relevant bail agreement,(c) a copy of all documents evidencing any relevant bail security,(d) a certificate, issued by the registrar of the court, as to the amount of bail money that remains unpaid as at the date on which the order is referred.(2) A certificate referred to in subsection (1) (d) is admissible in any legal proceedings and is evidence of the matters stated in the certificate.53J Payment of forfeited bail money(1) Bail money that becomes payable to the Crown as a consequence of a forfeiture order taking effect must be paid:(a) if paid before a copy of the order is referred to the State Debt Recovery Office, to the registrar of the court by which the order was made, or(b) if paid after a copy of the order is referred to the State Debt Recovery Office, to the State Debt Recovery Office.(2) A bail guarantor by whom an amount of bail money is payable is entitled to the return of any bail security lodged in relation to that amount if he or she pays that amount in money to the court by which the forfeiture order was made or to the State Debt Recovery Office, as the case requires.Division 3 Late applications to set aside forfeiture orders53K Application to set aside forfeiture order(1) This section applies to a forfeiture order that has taken effect at the expiry of the statutory review period, no objection to the confirmation of the order having been made within that period.(2) Any person affected by a forfeiture order may file in the office of the court an application to have the order set aside.(3) Such an application may not be made more than 12 months after the date on which the forfeiture order was made.(4) An application must be made in accordance with rules of court and must include the grounds on which the applicant intends to rely.(5) The registrar of the court must ensure that copies of such an application are given to:(a) the appropriate State authority, andand action to enforce the order may not be commenced or continued until proceedings on the application are finally determined.(b) the State Debt Recovery Office,53L Hearing of application to set aside forfeiture order(1) If the court to which an application to have a forfeiture order set aside is duly made is satisfied:(a) that notice of the making of the order was not served on the applicant, andthe court must conduct a hearing to determine whether or not the order should be set aside.(b) that at no time before the expiry of the statutory review period was the applicant aware that the order had been made,(2) After conducting a hearing, the court must dismiss the application unless it is satisfied that the accused person did not fail to comply with the relevant bail undertaking, in which case it must set the forfeiture order aside.(3) However, if it is satisfied that in the circumstances of the case it was unjust for the forfeiture order to have been confirmed in full in respect of a particular person affected by the order, the court may vary the order so as to reduce the amount of bail money that should have been forfeited by that person.(4) The court may be satisfied that it was unjust for a forfeiture order to have been confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the accused person complied with the relevant bail undertaking.(5) Notice of the court’s determination of the application is to be given to the State Debt Recovery Office.Division 4 Miscellaneous53M Effect of setting aside forfeiture order(1) If a court sets aside a forfeiture order, each person affected by the order is entitled to the return of:(a) any bail money or bail security that has been deposited by that person, or seized from that person, in relation to the bail undertaking to which the order relates, and(b) the proceeds of sale of any bail security so deposited or seized.(2) If a court varies a forfeiture order so as to reduce the amount of money forfeited by a particular person affected by the order, that person is entitled to the return of:(a) any bail money or bail security that has been deposited by that person, or seized from that person, in relation to the bail undertaking to which the order relates, andto the extent to which the amount of any such bail money, bail security or proceeds of sale exceeds the reduced amount of money forfeited.(b) the proceeds of sale of any bail security so deposited or seized,(3) A court that sets aside a forfeiture order may make such orders as are necessary to effect the return of any such bail money, bail security or proceeds of sale.(4) The Consolidated Fund is appropriated to the extent necessary to enable money that has been paid into that Fund to be returned in accordance with this section.53N Appeals(1) An appeal against a decision by a Local Court under section 53D or 53L with respect to a forfeiture order may be made to the District Court under section 122 of the Justices Act 1902 in the same way as an appeal may be made to the District Court against an order referred to in that section, and Division 4 of Part 5 of that Act applies accordingly.(2) The clerk of the Local Court must ensure that notice of the appeal is given to:(a) the appropriate State authority, andand action to enforce the order may not be commenced or continued until proceedings on the appeal are finally determined.(b) the State Debt Recovery Office,53O Court of Criminal Appeal may authorise other courts to take actionIn the case of an accused person who is under a duty to appear before the Court of Criminal Appeal in connection with an appeal:(a) the Court of Criminal Appeal may instead authorise the court from which the appeal arose to take any action under this Part that the Court of Criminal Appeal is authorised to take, and(b) in that event, the court from which the appeal arose may take such action.53P Crown a party to forfeiture proceedingsThe Crown is entitled to appear and be heard at, and is taken to be a party to, all proceedings under this Part.
[8] Section 53N Appeals
Omit section 53N (1) (as inserted by item [7]).Insert instead:(1) An appeal against a decision by a Local Court under section 53D or 53L with respect to a forfeiture order may be made to the District Court under section 120 of the Justices Act 1902 in the same way as an appeal may be made to the District Court against an order referred to in that section, and Part 5A of that Act applies accordingly.
[9] Section 54 Notices
Insert “and” after “undertaking,” in section 54 (1) (a).
[10] Section 54 (1) (b)
Omit “conditions, and”. Insert instead “conditions.”.
[11] Section 54 (1) (c)
Omit the paragraph.
[12] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule (with appropriate Part and clause numbers):Application of sections 42A and 42B and Part 7A to existing bail agreementsThe provisions of section 42A, section 42B and Part 7A apply to and in respect of any bail agreement entered into before the commencement of those provisions in the same way as they apply to and in respect of any bail agreement entered into after that commencement.Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998.(2) Such a provision may, if the regulations so provide, take effect from the date of assent to that Act or a later day.(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
Schedule 2 Amendment of Justices Act 1902
(Section 4)
[1] Section 3 Definitions
Insert in section 3 (1), in alphabetical order:Bail has the same meaning as it has in the Bail Act 1978.
[2] Section 25 Issue of warrant where indictment filed
Omit “, whether on recognizances or not” from section 25 (1).
[3] Section 31 On non-appearance to summons, warrants may be issued
Omit section 31 (2). Insert instead:(2) The Justice or Justices before whom a person is brought after having been apprehended under a warrant referred to in subsection (1) or section 26:(a) subject to the Bail Act 1978, must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the Justice or Justices at such time and place as is specified in the order, and(c) must give due notice to the informant or complainant of the time and place so specified.(3) A warrant under this section may be issued by any Justice.(4) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person’s being brought before the Justice or Justices under a warrant for the purpose of being examined as a witness or producing a document or thing, and(b) the person’s being examined as a witness or producing the document or thing.
[4] Part 4, Division 1, Subdivision 8 Recognizances
Omit the Subdivision.
[5] Section 66 On non-appearance to summons, warrants may be issued
Omit section 66 (2). Insert instead:(2) The Justice or Justices before whom a person is brought after having been apprehended under a warrant referred to in subsection (1), section 61 or 80AA:(a) subject to the Bail Act 1978, must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the Justice or Justices at such time and place as is specified in the order, and(c) must give due notice to the informant or complainant of the time and place so specified.(3) A warrant under this section may be issued by any Justice.(4) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person’s being brought before the Justice or Justices under a warrant for the purpose of being examined as a witness or producing a document or thing, and(b) the person’s being examined as a witness or producing the document or thing.
[6] Section 69
Omit the section. Insert instead:69 How defendant to be dealt with during adjournment(1) Subject to the Bail Act 1978, the Justice or Justices by whom a hearing is adjourned under section 65 or 68:(a) in the case of any defendant, whether or not an accused person, may order that a warrant be issued for the committal of the defendant to a correctional centre or other place of security, orfor the period of the adjournment.(b) in the case of a defendant who is not an accused person, may allow the defendant to be at large,(2) A warrant under this section may be issued by any Justice.(3) At any time during the period of adjournment, any Justice may order that a defendant who has been committed to a correctional centre or other place of security be brought before that or any other Justice or Justices.(4) The person having the custody of a defendant in respect of whom such an order is made must comply with the requirements of the order.(5) The Bail Act 1978 applies to the defendant (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the defendant with respect to the period of the adjournment.
[7] Part 4, Division 2, Subdivision 9 Recognizances
Omit the Subdivision.
[8] Section 100C Part does not apply to fines and forfeiture orders
Insert at the end of section 100C:(2) This Part does not apply to a forfeiture order within the meaning of Part 7A of the Bail Act 1978.
[9] Section 102 Before case is stated appellant to give security
Omit the section.
[10] Section 102A Extension of periods
Omit section 102A (2).
[11] Section 102A (3)
Omit “subclause (1) or (2)”. Insert instead “subsection (1)”.
[12] Section 104 Supreme Court may direct case to be stated
Omit “subject to the appellant entering into the recognizance mentioned in subsection (1) of section 102”.
[13] Section 107 Stay of execution of conviction, order or sentence pending appeal
Insert “(or, in relation to an apprehended violence order under Part 15A of the Crimes Act 1900, to the person against whom the order has been made)” after “appeal is made” in section 107 (2) (as inserted by the Justices Legislation Amendment (Appeals) Act 1998).
[14] Section 110 Forfeiture of recognizance to be certified
Omit the section.
[15] Section 121B No appeal in certain cases
Omit “, for the finding of sureties or for the entering into of recognizances” from section 121B (1) (a).
[16] Section 122 Appeal allowed in every case of conviction or order made by Justices
Omit section 122 (5).
[17] Section 123
Omit the section. Insert instead:123 Conditions on which execution of sentence stayed(1) The execution of a sentence imposed as a consequence of a conviction, or of any other order, is stayed:(a) if an application for statement of a case is duly made within the time specified in section 101 (1), or(b) if notice of appeal is duly given within the time specified in section 122.(2) Subsection (1) does not apply to a person who is in custody when the application or appeal is made (or, in relation to an apprehended violence order under Part 15A of the Crimes Act 1900, to the person against whom the order has been made) unless and until the person enters into a bail undertaking in accordance with the Bail Act 1978, or bail is dispensed with.(3) The stay of execution continues until the matter to which the application or appeal relates is finally determined, subject to any order or direction of the Supreme Court or District Court, as the case requires.(4) Despite subsection (1), any period during which the stay of execution is in force is not to be taken into account when calculating the length of a period of disqualification from holding a driver’s licence resulting from a conviction under the Traffic Act 1909.(5) An application for leave to appeal does not result in a stay of execution under this section.
[18] Section 124 Conditions on which appellant may be liberated
Omit the section.
[19] Section 125A Further recognizance to prosecute appeal
Omit the section.
[20] Section 127 Stay of execution of conviction, order or sentence pending appeal
Insert “(or, in relation to an apprehended violence order under Part 15A of the Crimes Act 1900, to the person against whom the order has been made)” after “appeal is made” in section 127 (2) (as inserted by the Justices Legislation Amendment (Appeals) Act 1998).
[21] Part 5, Division 5 Absconding appellants
Omit the Division.
[22] Section 153 Certain persons authorised to grant bail
Omit the section.
[23] Section 153A
Omit the section. Insert instead:153A Persons arrested under bench warrants(1) The Justice or Justices before whom a person is brought after having been apprehended under a bench warrant issued by a Judge of any court in any criminal proceedings:(a) subject to the Bail Act 1978, must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the court out of which the bench warrant was issued in accordance with the terms of the warrant.(2) A warrant under this section may be issued by any Justice.(3) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person’s being committed under this section, and(b) the person’s being brought before the court out of which the bench warrant was issued.
[24] Section 154 Regulations
Omit “or in respect of any recognizance or security taken in pursuance of section 153” from section 154 (1) (a).
[25] Section 154 (1) (f)
Omit the paragraph.
[26] Second Schedule Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbers:Part Provisions consequent on enactment of Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998DefinitionsIn this Part:the amended 1954 Act means the Forfeited Recognizances and Bail Act 1954, as in force immediately before its amendment by the 1998 amending Act.the 1998 amending Act means the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998.Application of sections 31, 66 and 153AThe provisions of sections 31, 66 and 153A, as amended by the 1998 amending Act, apply to and in respect of any warrant issued before the commencement of those provisions in the same way as they apply to and in respect of any warrant issued after that commencement.Application of section 69The provisions of section 69, as amended by the 1998 amending Act, apply to and in respect of any hearing that began before the commencement of those provisions in the same way as they apply to and in respect of any hearing that begins after that commencement.Continuation of certain recognizances(1) The provisions of:(a) Subdivision 8 of Division 1 of Part 4 of the Justices Act 1902, andcontinue to apply to a recognizance entered into under section 49 of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,(2) The provisions of:(a) Subdivision 9 of Division 2 of Part 4 of the Justices Act 1902, andcontinue to apply to a recognizance entered into under section 96 of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,(3) The provisions of:(a) sections 102 and 131B of the Justices Act 1902, andcontinue to apply to a recognizance entered into under section 102 of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,(4) The provisions of:(a) sections 123 and 131B of the Justices Act 1902, andcontinue to apply to a recognizance entered into under section 123 of the Justices Act 1902 before the substitution of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,(5) The provisions of:(a) sections 125A and 131B of the Justices Act 1902, andcontinue to apply to a recognizance entered into under section 125A of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,(6) The provisions of:(a) section 153A of the Justices Act 1902, andcontinue to apply to a recognizance entered into under section 153A of the Justices Act 1902 before the substitution of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,Stay of execution under section 123 or 125A(1) Any stay of execution that was in force under section 123, immediately before its substitution by the 1998 amending Act, is unaffected by that substitution.(2) Any stay of execution that was in force under section 125A, immediately before its repeal by the 1998 amending Act, is unaffected by that repeal.Application of section 40 of Coroners Act 1980The provisions of:(a) section 40 of the Coroners Act 1980, andcontinue to apply to a recognizance entered into under section 40 of the Coroners Act 1980 before the substitution of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,Application of section 72 of Local Courts (Civil Claims) Act 1970The provisions of:(a) section 72 of the Local Courts (Civil Claims) Act 1970, andcontinue to apply to a recognizance entered into under section 72 of the Local Courts (Civil Claims) Act 1970 before the amendment of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(b) the amended 1954 Act,Application of section 17A of Inebriates Act 1912The provisions of section 17A of the Inebriates Act 1912, as inserted by the 1998 amending Act, apply to and in respect of any recognizance entered into before the commencement of those provisions in the same way as they apply to and in respect of any recognizance entered into after that commencement.Application of section 31 (4) of Protected Estates Act 1983The provisions of section 31 of the Protected Estates Act 1983, as amended by the 1998 amending Act, apply to and in respect of any bond or recognizance given or entered into before the commencement of those provisions in the same way as they apply to and in respect of any bond given after that commencement.Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998.(2) Such a provision may, if the regulations so provide, take effect from the date of assent to that Act or a later day.(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
Schedule 3 Amendment of other Acts
(Section 5)
Section 42 Appeals
Omit section 42 (2).
[1] Section 186 Writs and orders under judgments or relating to legal proceedings
Insert after section 186 (3):(4) In this section, recognisance includes bail agreement within the meaning of Part 7A of the Bail Act 1978.
[2] Section 189 Judgments not to be a charge on land until writ or order registered
Insert after section 189 (2):(3) In this section, recognisance includes bail agreement within the meaning of Part 7A of the Bail Act 1978.
Section 40
Omit the section. Insert instead:40 Apprehension of witness under warrant(1) The coroner before whom a person is brought after having been apprehended under a warrant referred to in section 35 or 39:(a) subject to the Bail Act 1978, must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the coroner at such time and place as is specified in the order.(2) The Bail Act 1978 applies to the person (not being an accused person within the meaning of that Act) in the same way as it applies to an accused person within the meaning of that Act and, for that purpose, bail may be granted to such a person under that Act with respect to the period between:(a) the person’s being brought before the coroner under a warrant for the purpose of being examined as a witness or producing a document or thing, and(b) the person’s being examined as a witness or producing the document or thing.
Section 194 Witnesses failing to attend proceedings
Insert after section 194 (3):(4) In this section, recognisance includes bail undertaking within the meaning of the Bail Act 1978.
[1] Part 7, heading
Omit “monetary bail or recognizances”.Insert instead “bail agreements”.
[2] Section 111
Omit the section. Insert instead:111 DefinitionsIn this Part:forfeited bail money means unpaid bail money the subject of a forfeiture order under Part 7A of the Bail Act 1978.forfeited bail security means bail security given in relation to bail money the subject of a forfeiture order under Part 7A of the Bail Act 1978.
[3] Section 112 Enforcement of forfeited bail money
Omit “a forfeited bail undertaking or recognizance” from section 112 (1).Insert instead “forfeited bail money”.
[4] Section 112 (2)
Insert after section 112 (2) (b):(b1) if the State Debt Recovery Office is served with a copy of an application or appeal duly made under section 53K or 53N of the Bail Act 1978 in relation to forfeited bail money, action under Part 4 may not be commenced or continued until proceedings on the application or appeal are finally determined,
[5] Section 112A
Insert after section 112:112A Enforcement of forfeited bail security(1) Section 72 applies to a forfeited bail security as if the bail money in relation to which it is given were a fine imposed by a court for an offence.(2) The application of that section is subject to the following:(a) if the State Debt Recovery Office is served with a copy of an application or appeal duly made under section 53K or 53N of the Bail Act 1978 in relation to the bail money for which the forfeited bail security is given, action under section 72 may not be commenced or continued until proceedings on the application or appeal are finally determined,(b) all other necessary or prescribed modifications to the application of that section apply.
3.6 Forfeited Recognizances and Bail Act 1954 No 25
[1] Long title
Omit “and bail money” wherever occurring.
[2] Section 3 Definitions
Omit the definitions of bail agreement, bail money, bail undertaking and monetary bail condition.
[3] Section 4A Forfeiture of bail money
Omit the section.
[4] Section 6 Enforcement of certain recognizances where amount thereof has been deposited
Omit section 6 (1A).
[5] Section 6 (2) (a)
Omit “or (1A) (d)”.
[6] Section 6 (2) and (3)
Omit “or bail money” wherever occurring.
[7] Section 17 Fraudulent disposal of assets
Omit “or who, having been accepted under the Bail Act 1978, by virtue of the person’s ownership of specific property, as an acceptable person referred to in section 36 of that Act,”.
[1] Section 7 Forfeiture of recognizances
Omit “If”. Insert instead “Subject to section 17A, if”.
[2] Section 12 Forfeiture of recognizances
Omit “If”. Insert instead “Subject to section 17A, if”.
[3] Section 17A
Insert after section 17:17A Forfeiture of securities under recognizancesThe provisions of Part 7A of the Bail Act 1978 and Part 7 of the Fines Act 1996 apply to the forfeiture of any security under a recognizance under this Act and to the recovery of any security so forfeited in the same way as they apply to the forfeiture of bail money and to the recovery of any bail money so forfeited.
Section 72 Witnesses
Omit section 72 (5), (6), (7) and (8). Insert instead:(5) The provisions of section 66 (2), (3) and (4) of the Justices Act 1902 apply to a person who is apprehended under a warrant referred to in subsection (3) (b) in the same way as they apply to a person who is apprehended under a warrant referred to in section 66 (1) of that Act.
[1] Section 9 Power to take evidence
Omit “affidavit, and” from section 9 (1) (b).Insert instead “affidavit.”.
[2] Section 9 (1) (c)
Omit the paragraph.
[3] Section 31 Security in respect of management
Omit “bonds and recognizances given or entered into” from section 31 (3).Insert instead “bonds given”.
[4] Section 31 (4)
Omit the subsection. Insert instead:(4) The provisions of Part 7A of the Bail Act 1978 and Part 7 of the Fines Act 1996 apply to the forfeiture of any security under a bond and to the recovery of any security so forfeited in the same way as they apply to the forfeiture of bail money and to the recovery of any bail money so forfeited.