Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p30
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 30/48)
Character Range: 84592–87199

Application to vary or revoke bail order
 (1) An application under paragraph 58EA(1)(b) of the Act for a bail order to be varied or revoked on the basis that the accused has failed to comply with the accused's bail undertaking must be made by filing an application in accordance with Form CP32.
Note: If such an application is made, the Court must cause the accused to be brought before the Court—see subsection 58EA(2) of the Act and rule 9.02.
 (2) The application must be accompanied by an affidavit stating briefly, but specifically, the facts that support the application.
 (3) As soon as practicable after the application is filed, the prosecutor must serve a stamped copy of the application and the accompanying affidavit on the accused.

5.03  Requirements for dealing with money or other property deposited as security for bail
 (1) If money is deposited with the Court as security in accordance with a condition of bail, the money must, subject to subrule (2), be paid into the Litigants Fund.
 (2) The Court may, on application by an accused, order that money deposited with the Court as security in accordance with a condition of bail be paid, credited or applied in a manner other than by payment into the Litigants Fund.
 (3) If property other than money is deposited with the Court as security in accordance with a condition of bail, the property must be dealt with in accordance with a direction of the Court or a Registrar.
Note 1: Subsection 58DC(3) of the Act provides that money or other property deposited with the Court, or otherwise provided, as security in accordance with a condition of bail must be dealt with by the Court in accordance with the Rules of Court.
Note 2: Section 58GD of the Act deals with the return of security provided for an accused's bail when bail ends.

5.04  Requirements for bail undertaking
 (1) For the purposes of paragraph 58DE(1)(a) of the Act, a bail undertaking:
 (a) must be in accordance with Form CP33; and
 (b) must be signed by the accused before:
 (i) the Judge who granted the bail; or
 (ii) a Registrar; or
 (iii) if the accused has been committed to a prison by the Court—a person appointed or employed to assist in the management of the prison.
 (2) The person before whom the accused signs the bail undertaking must take reasonable steps to ensure that the accused is aware of:
 (a) the obligations of the accused under the bail undertaking; and
 (b) if the bail order has been granted subject to conditions—the consequences that may follow if the accused does not comply with the conditions.
 (3) For the purposes of subrule (2), a person