Commonwealth Consolidated Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 - RULE 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.



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