BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 10 Surety for bail

BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 10

    (1)     After section 9(2) of the Bail Act 1977 insert —

    "(2A)     If an objection to a proposed surety is raised, the suitability of the proposed surety is to be determined by a magistrate or judge.".

    (2)     For section 9(3)(a)(ii) of the Bail Act 1977 substitute —

    "(ii)     lodge a document that is evidence of the ownership and the value of property or any other asset to the amount of the bail; and

Note

Examples of documents that may be required are a copy of a certificate of title for the property or a search of the title of the land, a current rate notice that includes a valuation of the property, an independent valuation of the property or a bank statement of a mortgage account in relation to the property.".

    (3)                 For section 9(3)(b) of the Bail Act 1977 substitute —

    "(b)     require the surety or sureties to make before it or him (as the case may be) an affidavit of justification for bail; and

        (c)     require the surety or sureties to sign the undertaking of bail.".

    (4)     For section 9(3A) and (3B) of the Bail Act 1977 substitute —

    "(3A)     For the purposes of this section—

        (a)     a surety may appear before a court within the meaning of section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958 by audio visual link or audio link in accordance with Part IIA of that Act; or

        (b)     a surety may give information to any other person authorised by section 27 by audio visual link or audio link within the meaning of section 42C of that Act.

    (3B)     If an audio visual link or an audio link is used as provided in subsection (3A)—

        (a)     the undertaking of bail may be constituted by—

              (i)     the undertaking signed by the accused; and

              (ii)     a copy of the undertaking signed by the accused which is transmitted to the surety by any means and signed by the surety; and

              (iii)     a copy of the document referred to in subparagraph (ii) which is transmitted back to the court or other person authorised by section 27 who is admitting the accused to bail;

        (b)     the affidavit of justification for bail may be constituted by—

              (i)     the affidavit of the surety sworn before any person authorised by Part IV of the Evidence (Miscellaneous Provisions) Act 1958 to take affidavits; and

              (ii)     a copy of that sworn affidavit which is transmitted to the court or other person authorised by section 27 who is admitting the accused to bail.

    (3C)     The court or other person authorised by section 27 may act on a copy of a document which is transmitted in accordance with subsection (3B).

    (3D)     A surety who under subsection (3B)—

        (a)     signs a copy of an undertaking of bail; or

        (b)     transmits a copy of a sworn affidavit of justification for bail—

without delay must send the signed copy of the undertaking or the original sworn affidavit (as the case may be) to the court or other person authorised by section 27 who admitted the accused to bail.".

    (5)     For section 9(7) of the Bail Act 1977 substitute —

    "(7)     If a surety has lodged a document that is evidence of ownership of property or any other asset under subsection (3), the surety may lodge in cash the amount of the bail and receive the document in return.

    (7A)     If a surety lodges cash under subsection (7), the affidavit of justification of bail made by the surety must be endorsed to the effect that the type of security has been changed.".