Document ID: chunk:federal_register_of_legislation:C2012A00007:clause:2_74
Version: federal_register_of_legislation:C2012A00007
Segment Type: clause
Provision Reference: sch 2 cl 74
Character Range: 51230–52088

74  After subsection 21(2)
Insert:
 (2A) If the Federal Court quashes the order, it must:
 (a) in the case of an order under subsection 19(9)—order the release of the person or the discharge of the recognisances on which bail was granted; or
 (b) in the case of an order under subsection 19(10)—order that the person be committed to prison or (subject to subsection (2B)) released on bail, to await:
 (i) surrender under a surrender warrant or temporary surrender warrant; or
 (ii) release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5).
 (2B) The Federal Court must not release a person on bail under paragraph (2A)(b) unless there are special circumstances justifying such release.
 (2C) An order committing a person to prison under paragraph (2A)(b) must be made by warrant in the statutory form.