Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_58ea
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 58EA
Character Range: 136952–138011

58EA  Reconsidering bail—discharge of security or accused fails to comply with the accused's bail undertaking
 (1) This section applies if, in relation to a bail order:
 (a) the Court gives a direction under subsection 58DG(2); or
 (b) the prosecutor applies for the bail order to be varied or revoked on the basis that the accused has failed to comply with the accused's bail undertaking.
 (2) The Court must cause the accused to be brought before the Court in accordance with the Rules of Court.
Note: In a case where the accused failed to appear before the Court in accordance with the accused's bail undertaking, the Court may be asked to commence forfeiture proceedings (see section 58FB).
 (3) The Court may, by order, vary or revoke the bail order.
 (4) In deciding whether to vary or revoke the bail order, the Court must consider:
 (a) the matters set out in subsection 58DB(2); and
 (b) if the decision is to be made during criminal appeal proceedings—the principle that exceptional circumstances must exist for the accused to be released on bail.