Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p31
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 31/48)
Character Range: 86962–89559

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 takes reasonable steps in relation to a bail undertaking if the person:
 (a) reads the bail undertaking to the accused, and asks the accused if he or she understands the undertaking; or
 (b) arranges for the bail undertaking to be read to the accused in a language the accused understands, and arranges for the accused to be asked if he or she understands the effect of the undertaking; or
 (c) asks the accused if he or she has read the bail undertaking and, if so, if he or she understands the undertaking.

5.05  Requirements for third party security undertaking
 (1) For the purposes of paragraph 58DE(1)(b) of the Act, a third party security undertaking in relation to an accused's bail:
 (a) must be in accordance with Form CP34; and
 (b) must be signed by the third party before:
 (i) the Judge who granted the bail; or
 (ii) a Registrar.
 (2) The person before whom the third party signs the undertaking must take reasonable steps to ensure that the third party is aware of:
 (a) the obligations of the third party under the undertaking; and
 (b) if the bail order has been granted subject to conditions—the consequences to the third party that may follow if the accused does not comply with the conditions.
 (3) For the purposes of subrule (2), a person takes reasonable steps in relation to a third party security undertaking if the person:
 (a) reads the undertaking to the third party, and asks the third party if he or she understands the undertaking; or
 (b) arranges for the undertaking to be read to the third party in a language the third party understands, and arranges for the third party to be asked if he or she understands the effect of the undertaking; or
 (c) asks the third party if he or she has read the undertaking and, if so, if he or she understands the undertaking.

5.06  Notice of proposed forfeiture—form of application
 (1) An application under subsection 58FB(1) of the Act for a direction under subsection 58FB(2) of the Act in relation to an accused's bail undertaking must be made by filing an application in accordance with Form CP35.
 (2) The application must:
 (a) be accompanied by the following:
 (i) a copy of the bail undertaking;
 (ii) a draft direction in accordance with Form CP36;
 (iii) a draft notice under subsection 58FB(2) of the Act;
 (iv) a copy of any third party security undertaking made in relation