FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58FB Notice of proposed forfeiture

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58FB

  (1)   The prosecutor may apply to the Court for a direction under subsection   (2) if the accused allegedly fails to appear before the Court in accordance with the accused's bail undertaking.

  (2)   The Court may direct the Chief Executive Officer to give a notice to:

  (a)   each person who provided security for the accused's bail; and

  (b)   any other person who the Court considers may have an interest in security provided for the accused's bail.

A failure by the Chief Executive Officer to give a notice to a person covered by the direction, if the Chief Executive Officer has made reasonable efforts to do so, does not affect the validity of any forfeiture order.

  (3)   The notice must:

  (a)   invite the person to show cause, by filing an objection in accordance with paragraphs 58FC(3)(b) and (c), why the security should not be forfeited; and

  (b)   contain the particulars set out in the Rules of Court.

  (4)   An application under subsection   (1) cannot be made more than 6 months after the alleged failure to appear before the Court.