Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) (INTERIM) RULES 2016 (F2016L01167) - RULE 4.05

Requirements for third party security undertaking

             (1)  For 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 CP(I)11; 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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