New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 53DA

53DA Hearing of formal objections to deemed forfeiture orders

(1) If an objection to the confirmation of a forfeiture order taken to have been made under section 53AA is duly made to the Local Court, the Local Court must conduct a hearing to determine whether or not the order should be confirmed.

(2) After conducting a hearing, the Local Court must confirm the forfeiture order unless it is satisfied as referred to in subsection (3).

(3) If the Local Court is satisfied that in the circumstances of the case it would be unjust for the forfeiture order to be confirmed in full in respect of a particular person affected by the order, the Local Court:

(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and

(b) in that event, must confirm the order as so varied.

(4) The Local Court may be satisfied that it would be unjust for a forfeiture order to be confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the accused person complied with the relevant bail undertaking.