Western Australian Current Acts Western Australian Current Acts (1) A person is not
qualified to be approved as a surety if —
(a) the
person is under 18 years of age; or
(b)
subject to subsection (2), the value of the person’s assets, after
provision is made for the person’s debts and liabilities, is less than
the amount which the person might become liable to forfeit under the
person’s proposed surety undertaking; or
(c)
there are reasonable grounds for believing that the person has been, or will
be, indemnified by any person against any forfeiture referred to in paragraph
(b); or
(d) the
surety approval officer knows, or has reasonable grounds to believe, that
—
(i)
there is a current restraining order between the person
and the accused under the Restraining Orders Act 1997 ; or
(ii)
the person is in a family relationship with the accused
and was a victim of an offence for which the accused has been convicted within
the last 10 years; or
(iii)
the person is the alleged victim of the offence of which
the accused has been charged and is in a family relationship with the accused.
(2) Subsection (1)(b)
does not apply where the applicant for approval is required to give security
sufficient to cover the amount which he might become liable to forfeit.
(3) A surety approval
officer must not ask an applicant questions that relate to a matter under
subsection (1)(d) but rather should rely on any information that is reasonably
available from the details of the offence, records or similar sources of
information.
(4) Subsection (1)(d)
does not apply where the accused is a child.
[Section 38 amended: No. 30 of 2020 s. 44.]