Western Australian Current Acts Western Australian Current Acts (1) To ensure —
(a) that
an offender does not commit an offence during the term of a CRO; and
(b) if
necessary, that the offender complies with any requirement imposed by the
court,
a court may order that
the offender not be released until the offender or a surety for the offender
or both have —
(c)
given a written undertaking to pay the State an amount of money (set by the
court); or
(d)
deposited an amount of money (set by the court) with the court to be forfeited
to the State,
if while the CRO is in
force the offender commits an offence or fails to comply with a requirement of
the CRO imposed by the court.
(2) If an offender
refuses to give a written undertaking as required by the court, the court may
impose a fine for the offence instead of a CRO, despite section 39(3).
(3) A surety for an
offender must be approved, and for that purpose sections 36 to 41 of the
Bail Act 1982 , with any necessary changes, apply.
(4) If under
subsection (1) a court makes an order requiring there to be a surety for an
offender, and within 7 days after the order is made a person has not been
approved as a surety, the offender is to be taken before the court.
(5) On the
reappearance of an offender under subsection (4) the court may amend or cancel
the order requiring a surety, or amend the CRO, or cancel the CRO and impose a
fine for the offence despite section 39(3).
(6) If money is
deposited with a court by a person under subsection (1)(d), the person may
apply to the court after the CRO has ceased to be in force for the return of
the money.
(7) If the court is
satisfied that the offender has not committed an offence during the term of
the CRO and has complied with any requirements of the CRO, the court must
order the return of the money deposited.
(8) No interest is to
be paid by the State on any money deposited under this section.
[Section 51 amended: No. 41 of 2006 s. 79.]