Western Australian Current Acts

BAIL ACT 1982 - SECT 40

40 .         Decision on application by proposed surety

        (1)         Upon receipt of the duly completed declaration referred to in section 37(1)(c), the surety approval officer shall, after making any enquiries which he thinks desirable, make a decision, as soon as is practicable, either to approve or not to approve of the applicant as a surety in that case.

        (2)         If the surety approval officer does not approve of the applicant as a surety he shall record the reasons for his doing so and inform the applicant and the accused thereof, or cause them to be so informed.

        (3)         The surety approval officer must not include reasons under subsection (2) to the extent that to do so would disclose that the surety approval officer has acted under section 38(1)(d) (but must still make a record of these reasons).

        [Section 40 amended: No. 15 of 1988 s. 15; No. 84 of 2004 s. 82; No. 6 of 2008 s. 24(5); No. 30 of 2020 s. 45.]