Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAIL ACT 1982 - SECT 50

50 .         Indemnifying surety, offence

        (1)         If a person indemnifies, or agrees to indemnify, a surety or proposed surety against any liability which the surety or proposed surety may incur under this Act (including this section) he and the surety or proposed surety and any person with whom he agrees as aforesaid each commits an offence.

        Penalty: $1 000 or imprisonment for 12 months or both.

        (2)         An offence is committed under subsection (1) —

            (a)         whether the agreement is made before or after the surety undertaking is entered into and whether or not a proposed surety actually becomes a surety; and

            (b)         whether the compensation is to be in money or in money’s worth.

        (3)         An offence is not committed under subsection (1) by a surety or proposed surety if he shows —

            (a)         that he had no knowledge of an agreement within the meaning of subsection (1) proposed to be entered into between 2 other persons; or

            (b)         that having such knowledge he took all steps reasonably available to him to prevent the agreement being entered into.

        [Section 50 amended: No. 74 of 1984 s. 18.]

        [Heading inserted: No. 61 of 1990 s. 11.]

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback