New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 85

85 Revocation of bail if bail security no longer intact

(1) A court may at any time revoke a person's bail if it appears that any bail security deposited with the bail authority under a bail condition of that bail has ceased to be intact.

(2) Bail security ceases to be intact if--

(a) it ceases to exist, or

(b) its value is diminished, or

(c) it ceases to be available as security for any reason (for example, because it ceases to be in the ownership or control of the person by whom it was deposited).

(3) The court must not revoke a person's bail under this section unless--

(a) it has caused written notice of the proposed revocation to be served on the person, and

(b) it has given the person at least 28 days from the date on which the notice was served--

(i) to demonstrate to the court that the bail security is still intact, or

(ii) to arrange for the deposit of replacement or supplementary security (whether by the same person or another person).

(4) The written notice--

(a) must contain such information as the regulations require, and

(b) must be sent by post to the person at the person's address specified in the relevant bail acknowledgment or, if the person has subsequently notified the court of a change of address, to the person's address most recently notified, and

(c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.