Document ID: chunk:federal_register_of_legislation:C2025C00132:section:20aa:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 20AA (pt 2/3)
Character Range: 927209–929764

in the case of a recognizance entered into in pursuance of an order made under subsection 20(1)—the period of 5 years from the date on which the recognizance was entered into.
 (5) Where an application is made under subsection (1) by an authorized person, the authorized person shall cause notice of the application and the date, time and place fixed for the hearing of the application, to be served on the person who entered into the recognizance in relation to which the application is made and:
 (a) if that person has a surety in respect of the recognizance—on the surety; and
 (b) if that person has a probation officer in respect of the recognizance—on the probation officer.
 (6) Where an application is made under subsection (1) by a person other than an authorized person, the person making the application shall cause notice of the application, and of the date, time and place fixed for the hearing of the application, to be served on the Director of Public Prosecutions or, if the Director of Public Prosecutions has not established an office in the State or Territory in which the application is made, on the Director of Legal Services, in that State or Territory, in the Attorney‑General's Department, and:
 (a) if the application is made by the person who entered into the recognizance and that person has a surety—on the surety;
 (b) if the application is made by a surety in respect of the recognizance—on the person who entered into the recognizance; or
 (c) if the application is made by a probation officer in respect of the recognizance—on the person who entered into the recognizance and, if that person has a surety in respect of the recognizance, on the surety.
 (7) Where notice of an application under subsection (1) is served on a surety, the surety is entitled to appear on the hearing of the application and seek to be released from his or her liability as a surety in respect of the recognizance.
 (8) Subject to subsections (9) and (10), where under this section a court varies the terms of a recognizance, a person who is a surety in respect of the recognizance, and is not released by the court from his or her liability, continues to be liable as a surety in respect of the recognizance as so varied.
 (9) Where under this section a court varies the terms of a recognizance in respect of which a person is a surety:
 (a) if the recognizance is varied by extending its duration—the surety ceases to be liable after the expiration of the period for which he or she agreed to be liable when he or she became a surety;
 (b) if