Victorian Current Acts

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MAGISTRATES' COURT ACT 1989 - SECT 126A

Power to bind over to keep the peace

    (1)     The Court may, on the written application of a person, order another person to enter into a bond, with or without surety or sureties, to keep the peace or to be of good behaviour.

S. 126A(2) amended by No. 6/2018 s. 68(Sch. 2 item 81.1).

    (2)     An application under subsection (1) must be supported by evidence on oath or affirmation or by affidavit.

    (3)     The parties to a proceeding under this section and any other witnesses may be called and examined and cross-examined and costs may be awarded as in any other proceeding in the Court.

S. 126A(4) amended by No. 68/2009 s. 97(Sch. item 82.43).

    (4)     The Court may order that an accused who does not comply with an order under subsection (1) be imprisoned until he or she does comply with it or for 12 months, whichever is the shorter.

    (5)     An order under subsection (1) may only be made on an application in accordance with this section unless it is otherwise expressly provided by any other Act.

S. 127 amended by No. 15/2005 s. 11(2) (ILA s. 39B(1)).



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