Document ID: chunk:federal_register_of_legislation:C2024C00819:section:58fc
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 58FC
Character Range: 372514–373848

58FC  Ordering forfeiture
 (1) The Court must order the forfeiture of all specified security provided by a particular person for the accused's bail if the Court is satisfied that the accused failed to appear before the Court in accordance with the accused's bail undertaking.
Note 1: For the forfeiture of security provided by more than one person, separate forfeiture orders will be required.
Note 2: A forfeiture order may be appealed (see subsection 30AA(3)).
 (2) However, the Court may decide to not make a forfeiture order, or to reduce the amount of security to be forfeited, if the Court is satisfied that:
 (a) the accused had a reasonable excuse for failing to appear; or
 (b) it is in the interests of justice to do so.
 (3) In deciding whether to make a forfeiture order, the Court must consider any objection:
 (a) filed by a person who the Court is satisfied either provided security for the accused's bail or has an interest in such security; and
 (b) filed before the end of the 28th day after:
 (i) if the person was given a notice under subsection 58FB(2)—the day of being given the notice; or
 (ii) otherwise—the first day on which a notice was given to a person under subsection 58FB(2); and
 (c) containing the particulars set out in the Rules of Court.
The Court may also invite the person to make submissions.