Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p18
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 40351–42979

of:
 (i) the applicant not appearing before a court;
 (ii) continuation or repetition of the offence with which the applicant has been charged or of another offence; or
 (iii) concealment, loss or destruction of evidence relating to that offence; or
 (iv) harassment or intimidation of, or interference with, a person who may be required to give evidence in proceedings for the offence; or
 (v) fabrication of evidence to be given or produced in proceedings for the offence; or
 (vi) the injury or death of a person.

 (2) A Magistrate may grant bail unconditionally or subject to conditions or restrictions specified by the Magistrate in the certificate of bail.

 (3) A Magistrate must not impose a condition or restriction on the grant of bail unless there are reasonable grounds to believe that imposition of the condition is necessary to prevent an unacceptable risk of a result mentioned in paragraph (1) (c).

 (4) A person to whom bail has been granted must be released from detention, subject to any condition or restriction specified in the certificate of bail.

 (5) The Magistrate or leader must record a deposit under paragraph (1) (b) and, in the case of the Magistrate, file the record in the Magistrates Court.

 (6) If a Magistrate grants an application by a person for bail, the Magistrate must, as soon as practicable:
 (a) give a certificate of bail, or a copy of the certificate, to which is attached a copy of the undertakings (if any) referred to in paragraph (1) (a), to:
 (i) the applicant; and
 (ii) the leader who charged the person; and
 (iii) the special constable who arrested the person; and
 (b) file the application and the certificate, or a copy of the application or certificate, in the Magistrates Court.

 (7) If a person on bail contravenes an undertaking given by the person in the application for, or a condition or restriction specified in the certificate of, bail:
 (a) the person may be arrested without a warrant as if he or she had committed an offence; and
 (b) any amount of money deposited as security for the good behaviour of the person while on bail is forfeited to the Commonwealth.

 (8) A certificate of bail must be in accordance with Form 4.

Division 2 Detention

30 Warrants of detention

 (1) As soon as practicable after a person is charged in relation to an offence, a leader must apply to a Magistrate for a warrant to detain the person.

 (2) Application under this section may be made:
 (a) in writing; or
 (b) orally, if it is impracticable to apply in writing.

 (3) In the case of an oral application, the Magistrate must write down the statements of fact and