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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58DD Bail to be stayed pending appeal

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58DD

Bail to be stayed pending appeal

  (1)   If:

  (a)   the Court makes a bail order; and

  (b)   the prosecutor requests the Court to stay the bail order pending appeal;

the bail order is stayed by force of this section for 48 hours.

  (2)   If a notice of appeal from the bail order is filed within that 48 hours, the stay of the bail order continues by force of this section until:

  (a)   the appeal is finally disposed of; or

  (b)   the prosecutor withdraws the appeal in accordance with the Rules of Court; or

  (c)   a Full Court orders, under this subsection, that the stay be set aside;

whichever happens first.

  (3)   If the prosecutor makes a request under paragraph   (1)(b), the appeal from the making of the bail order must be dealt with as quickly as possible.

  (4)   If a bail order is stayed by force of this section, the Court must, by warrant of commitment, remand the accused in custody for the duration of the stay.

  (5)   A warrant of commitment under subsection   (4) may be signed by any Judge, the Chief Executive Officer or any Registrar, District Registrar or Deputy District Registrar of the Court.