New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 42

42 Discharge of liability of other persons

(1) Where a person other than the accused person has entered into an agreement under section 36 (2) (d), (f) or (h), the person may at any time apply:

(a) where the bail was granted by a court:

(i) to the court which granted the bail, or

(ii) to the court of appearance, or

(b) where the bail was granted by an authorised officer-to the court of appearance,

to discharge the applicant from the applicant’s liability.

(2) On an application being made under subsection (1), an authorised justice shall, if the accused person is not then before the court or otherwise in custody:

(a) issue a warrant to apprehend the accused person and bring the person before the court, or

(b) issue a summons for the person’s appearance before the court.

(3) On the appearance of the accused person before the court, the court shall, unless satisfied that it would be unjust to do so, direct that the applicant be discharged from the applicant’s liability, and the applicant is, upon the direction being given, thereby discharged accordingly.

(4) If the court discharges the applicant from the applicant’s liability, the court may impose further conditions on the grant of bail, and may by warrant commit the accused person to prison until the person enters into the further conditions.

(6) In this section, "court of appearance" means the court before which the accused person is required to appear in accordance with the person’s bail undertaking.