Bail Amendment (Interstate Arrangements) Regulation 2014 (NSW)

New South Wales

Bail Amendment (Interstate Arrangements)

Regulation 2014

under the

Bail Act 2013

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Bail Act 2013.

BRAD HAZZARD, MP

Attorney General

Explanatory note
The object of this Regulation is to make it clear that a court (a NSW court) may enter into an arrangement with a court of another State or a Territory that enables the other court to exercise any of the following functions of the NSW court under the Bail Act 2013 on behalf of the NSW court:

(a)	accepting a character acknowledgment,
(b)	entering into a bail security agreement,
(c)	accepting money or security deposited under a bail condition.

This Regulation is made under the Bail Act 2013, including sections 26 (7), 27 (5), 95 (2) (f) and 98 (the general regulation-making power).

Bail Amendment (Interstate Arrangements) Regulation 2014

under the

Bail Act 2013

1      Name of Regulation

This Regulation is the Bail Amendment (Interstate Arrangements) Regulation 2014.

2      Commencement

This Regulation commences on 20 May 2014, or the day on which it is published on the NSW legislation website, whichever is the later.

Schedule 1 Amendment of Bail Regulation 2014

Clause 42

Insert after clause 41:

42      Entry into arrangements with courts of other States and Territories

(1)  A court (a NSW court) may make an arrangement with a court of another State that enables the court of the other State to exercise any of the following functions of the NSW court (including any ancillary functions) under the Act on behalf of the NSW court:

(a)	accepting a character acknowledgment,
(b)	entering into a bail security agreement,
(c)	accepting money or security deposited under a bail condition.
(2)	Anything done by or in relation to a court of another State under an arrangement referred to in subclause (1) is to be treated as if it were done by or in relation to the NSW court on whose behalf the relevant function was exercised.
(3)	For the purposes of section 95 (2) (f) of the Act, an appropriate officer includes an officer of a court of another State exercising a function referred to in subclause (1) in accordance with an arrangement referred to in that subclause.
(4)	In this clause: State includes a Territory.