Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) (INTERIM) RULES 2016 (F2016L01167) - RULE 4.08

Objection to forfeiture

             (1)  An objection filed in accordance with subsection 58FC(3) of the Act must be in accordance with Form CP(I)15.

             (2)  An objection filed in accordance with subsection 58FC(3) of the Act must contain the following particulars:

                     (a)  the name and address of the person filing the objection;

                     (b)  details of the interest, if any, the person has in security provided for the accused's bail;

                     (c)  if the person considers that the Court should not make the relevant forfeiture order--the reason or reasons why the person thinks the Court should not make the order;

                     (d)  if the person considers that the Court should reduce the amount of security that will be forfeited--the reason or reasons why the person thinks the amount should be reduced.

             (3)  If a person files an objection (the first objection ) to the forfeiture of security provided for an accused's bail in accordance with subsection 58FC(3) of the Act, the Court may:

                     (a)  give a copy of the first objection to the prosecutor and any other person (the other objector ) who has also filed, in accordance with that subsection, an objection to the forfeiture of the security; and

                     (b)  invite the prosecutor and the other objector to respond to the first objection within the time specified in the invitation.

             (4)  If a person (the first person ) makes written submissions in response to an invitation of the Court under subsection 58FC(3) of the Act, the Court may:

                     (a)  give a copy of the submissions to the prosecutor and any other person who has made written submissions in response to an invitation under that subsection; and

                     (b)  invite the prosecutor and the other person to respond to the first person's submissions within the time specified in the invitation.

   



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