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Crown Proceedings Amendment Regulations 2010

S.R. No. 120/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Order forfeiting an undertaking of bail

6Notice to surety of an undertaking of bail forfeited in his or her absence

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 120/2010

Crown Proceedings Act 1958

Crown Proceedings Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 26 October 2010

Responsible Minister:

ROB HULLS
Attorney-General

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Crown Proceedings Regulations 2002 as a consequence of certain provisions of the Bail Amendment Act 2010.

2Authorising provision

These Regulations are made under section 6(8) of the Crown Proceedings Act 1958.

3Commencement

These Regulations come into operation on 1 January 2011.

4Principal Regulations

In these Regulations, the Crown Proceedings Regulations 2002[1] are called the Principal Regulations.

5Order forfeiting an undertaking of bail

In Form 11 of the Principal Regulations—

(a)omit "or other security";

(b)omit "OR OTHER SECURITY";

(c)for the words and expressions commencing "In accordance with section 9(3)(a) of the Bail Act 1977—" and ending "and the amount of the bail be paid to the proper officer of the Court at" substitute—

"In accordance with section 9(3)(a) of the Bail Act 1977 the Surety has lodged in cash the amount of the bail, being $

The Court further orders that the cash lodged be forfeited and the amount of the bail be paid to the proper officer of the Court at".

6Notice to surety of an undertaking of bail forfeited in his or her absence

In Form 12 of the Principal Regulations—

(a)omit "* You lodged by way of security [state nature of document, eg. pass‑book, for operating account] for operating the account [full description of account including name and address of bank etc. where account is held]";

(b)for the words and expressions commencing "*The Court further ordered that—" and ending "and the amount of the bail be paid to the proper officer of the Court at" substitute—

"*The Court further ordered that the cash lodged by you be forfeited and the amount of the bail be paid to the proper officer of the Court at".

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ENDNOTES

[1] Reg. 4: S.R. No. 2/2002 as amended by S.R. No. 171/2009.