Bail Regulations 2004 (TAS)

Bail Regulations 2004

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Bail Act 1994 .13 December 2004

PETER G. UNDERWOOD

Administrator

By His Excellency’s Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1Short titleThese regulations may be cited as the Bail Regulations 2004 . 2CommencementThese regulations take effect on 1 January 2005. 3Interpretation (1)  In these regulations – Act means the Bail Act 1994 . (2)  In these regulations, a reference to a Form is taken to be a reference to a form specified in Schedule 1 . 4Notice of admission to police bailA notice of admission to police bail under section 5(1) orof the Act is to be in accordance with Form 1. 5Warrant for arrest on failure to appearA warrant for arrest under section 5(5) or 12 of the Act is to be in accordance with Form 2. 6Bail documentA bail document issued under section 7(2) of the Act is to be in accordance with Form 3. 7Recognizance on admission to bailA recognizance to be entered into under section 7(5)(b) of the Act is to be in accordance with Form 4. 8Miscellaneous applications under ActA person who – (a) seeks to show cause why money deposited for bail should be returned to him or her under section 17(1) of the Act; or (b) makes an application under section 20(a) , 23(1) or 24(1) of the Act – must do so by an application in accordance with Form 5 which, unless otherwise ordered by the judge, justice or relevant court, is to be supported by an affidavit specifying the material facts on which the person intends to rely. 9Notice of application for forfeiture of recognizanceA notice of application to a judge or justice under section 20 of the Act is to be served personally with a proof of service in accordance with Form 6. Schedule 1Forms

Regulation 3(2)

Form 1Police Bail NoticeForm 2Warrant for ArrestForm 3Bail DocumentForm 4RecognizanceForm 5ApplicationForm 6Memorandum of Service

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) replace the Bail Regulations 1994 consequent on their repeal under the Subordinate Legislation Act 1992 ; and (b) provide for the forms to be used on admission to police bail, for a warrant of arrest, for a bail document or recognizance or for various applications under the Bail Act 1994 .