Western Australian Current Acts

BAIL ACT 1982 - SECT 43A

43A .         Entering into surety undertaking where proposed surety interstate ^2M

        (1)         In this section —

        proposed surety means a person who is to enter into a surety undertaking;

        relevant official means the person before whom the surety undertaking is to be entered into or was entered into, as the case requires;

        video link means facilities (including closed circuit television) that enable, at the same time —

            (a)         the relevant official to see and hear the proposed surety; and

            (b)         the proposed surety to see and hear the relevant official.

        (2)         This section applies if a proposed surety is in another State or a Territory.

        (3)         The relevant official may comply with section 43(a) and (b) by means of a video link.

        (4)         The relevant official may provide the surety undertaking to the proposed surety for completion by providing it by electronic means in accordance with the regulations.

        (5)         The proposed surety may enter into the surety undertaking by providing the completed surety undertaking to the relevant official by electronic means in accordance with the regulations.

        (6)         If the surety undertaking is provided by electronic means under subsection (4) or (5), any requirement for the proposed surety or the relevant official to sign it is to be taken to have been complied with if the full name of the proposed surety or the relevant official, as the case requires, appears in the appropriate place in the undertaking.

        (7)         The relevant official may comply with section 43(c) by providing a copy of the surety undertaking (as duly completed) to the surety by electronic means in accordance with the regulations.

        (8)         A surety undertaking that is entered into in accordance with this section is to be taken to have been entered into before the relevant official.

        (9)         In any proceedings a document purporting to be a copy of a surety undertaking and purporting to be certified by the relevant official to be a copy of a surety undertaking entered into in accordance with this section is evidence of the surety undertaking without proof of the signature of the relevant official.

        [Section 43A inserted: No. 6 of 2008 s. 26; amended: No. 20 of 2013 s. 29.]

        [Section 43A: modified by the COVID-19 Response and Economic Recovery Omnibus Act 2020 (No. 34 of 2020) Part 4 Division 1. See endnote 2M.]