Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23ha
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23HA
Character Range: 80931–81938

23HA  Remanding in custody when proceedings adjourned
 (1) If, during indictable primary proceedings:
 (a) there is no bail order having effect for the accused for the offence; or
 (b) if a bail order is so having effect, the accused cannot be released on bail for the offence (see subsection 58DE(1));
the Court may, by warrant of commitment, remand the accused in custody during an adjournment in the proceedings.
Note 1: Before the accused's first appearance before the Court, the person may be being remanded in custody or granted bail under the law of a State or Territory applied by subsection 68(1) of the Judiciary Act 1903.
Note 2: Subject to this subsection, State or Territory law will apply in relation to custody matters before the Court during the proceedings (see sections 68 and 68B of the Judiciary Act 1903).
 (2) A warrant of commitment under subsection (1) may be signed by any Judge, the Registrar or any Deputy Registrar, District Registrar or Deputy District Registrar of the Court.