Australian Capital Territory Consolidated Acts

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BAIL ACT 1992 - SECT 45

Exercise of power to review

    (1)     The power to review a decision under this division includes a power to confirm or vary the decision or to substitute another decision.

    (2)     A decision as varied or substituted shall be in conformity with this Act.

    (3)     The review of a decision shall be by way of rehearing and evidence or information in addition to, or in substitution for, the evidence or information given or obtained on the making of the decision may be given or obtained on the review.

    (4)     If, on a review of a decision under this division the court varies the decision or substitutes another decision, section 27 applies in relation to the decision as varied or substituted as if that decision had been given by the court in relation to an application for bail.

    (5)     If, on a review of a decision under this division, bail for an accused person is revoked, the court may, by warrant, commit the person into custody.

    (6)     If, on a review of a decision under this division—

        (a)     bail is granted without any condition being imposed but the accused person has not given an undertaking to appear; or

        (b)     bail is granted subject to a condition;

the court may by warrant commit the person into custody until the person gives the undertaking to appear or satisfies the condition.

    (7)     A court may refuse to entertain a request to review a decision under this division if the court is satisfied that the request is frivolous or vexatious.

    (8)     A regulation may make provision in relation to—

        (a)     the way of making a request for the review of a decision under this division; and

        (b)     the giving or sending to people of notices relating to the proposed exercise of power to review a decision under this division.



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