Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:56:p1
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 56 (pt 1/2)
Character Range: 47180–49913

56  Objection to bail
 (1) A party who has been served with a notice of bail may, within 24 hours after service of the notice, file a notice of objection in accordance with Form 22 against the sufficiency of the proposed surety.
 (2) The Registrar must, on a date and at a time and place appointed by the Registrar, determine whether the proposed surety is sufficient.
 (3) Not less than 24 hours before the time so appointed, notice of the hearing of the objection in accordance with Form 23, must be served:
 (a) on each other party to the proceeding; and
 (b) personally upon the proposed surety.
 (3A) Before the date appointed by the Registrar under subrule (2), the proposed surety must file and serve on each other party to the proceeding an affidavit regarding its financial circumstances.
 (3B) The affidavit must set out at least the following matters:
 (a) the proposed surety's current and non‑current assets and liabilities (including contingent liabilities);
 (b) current proceedings in which the proposed surety is a party;
 (c) whether, in the 5 years before the date of the affidavit, the proposed surety has been the subject of any demand under a law relating to bankruptcy or insolvency;
 (d) whether, in the 5 years before the date of the affidavit, the proposed surety has been made bankrupt, placed in administration or receivership or has been the subject of bankruptcy or winding up proceedings or of a garnishee order.
 (3C) The Registrar may direct the proposed surety to file and serve a supplementary affidavit setting out additional information regarding:
 (a) the proposed surety's financial circumstances; or
 (b) other circumstances relating to the proposed surety's sufficiency;
as the Registrar considers appropriate.
 (4) A proposed surety who has been served with a notice of the hearing of the objection under subrule (3) must attend on the date and at the time and place so appointed, and from day to day thereafter at that time and place, unless excused by the Registrar.
Penalty: 10 penalty units.
 (4A) The Registrar may:
 (a) adjourn from time to time the hearing appointed under subrule (2); and
 (b) allow the proposed surety or a party to the proceeding to file and serve additional affidavit material regarding the sufficiency of the proposed surety; and
 (c) give directions regarding such matters as the Registrar considers appropriate.
 (4B) If a material adverse change occurs in relation to a matter or circumstance mentioned in an affidavit filed under this rule, the proposed surety must, within 7 days after that change occurs, file and serve on each other party to the proceeding another affidavit setting out the changed details in relation to the matter.
 (5) If the Registrar