Victorian Consolidated Legislation

Bail Act 1977 - SECT 32

Deposit forfeited upon failure to appear

32. Deposit forfeited upon failure to appear

Where a deposit of money or other security is made as a condition of bail
declared to be forfeited because of the failure of the person released to
appear in accordance with his undertaking the deposit becomes forfeited to Her
Majesty but the person bailed shall have the same right as a surety has under
section 6 of the Crown Proceedings Act 1958 to apply for an order varying or
rescinding the forfeiture and for that purpose the provisions of the said
section 6 shall, so far as those provisions are applicable and with such
modifications as are necessary, apply with respect to forfeited deposits of
bail and in particular with the modification that any reference in those
provisions to a surety shall be read and construed as a reference to the
person bailed.