New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 42B

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.