Bail Act 2013

A bail condition can require security to be provided for compliance with a bail acknowledgment.

For that purpose, a bail condition can include the following requirements—

that the accused person, or one or more other acceptable persons, or both, enter into an agreement under which the person agrees to forfeit a specified amount of money if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment,

that a specified amount of money be deposited with the bail authority (and agreed to be forfeited under such an agreement if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment),

that acceptable security be deposited with the bail authority as security for the payment of the money agreed to be forfeited under such an agreement.

A requirement of a kind referred to in this section is a security requirement.

A decision as to which person or persons, or class or description of persons, is an acceptable person and what security is acceptable security for the purposes of a security requirement is to be made by—

the bail authority imposing the bail condition, or

the officer or court to whom the bail acknowledgment is given (if no decision has been made under paragraph (a)).

A security requirement can be imposed only for the purpose of addressing a bail concern that the accused person will fail to appear at any proceedings for the offence.

A bail authority is not to impose a security requirement unless of the opinion that the purpose for which the security requirement is imposed is not likely to be achieved by imposing one or more conduct requirements.

The regulations may make further provision for security requirements and bail security agreements.