Bail Act 2013

If an objection to a forfeiture order is duly made to the Local Court, the Local Court must conduct a hearing to determine whether or not the order should be confirmed.

After conducting a hearing, the Local Court must confirm the forfeiture order unless it is satisfied that the accused person did not fail to comply with the relevant bail acknowledgment, in which case it must set the forfeiture order aside.

However, if it is satisfied that in the circumstances of the case it would be unjust for the forfeiture order to be confirmed in full in respect of a particular person affected by the order, the Local Court—

may vary the order so as to reduce the amount of bail money to be forfeited by that person, and

in that event, must confirm the order as so varied.

The Local Court may be satisfied that it would be unjust for a forfeiture order to be confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the person granted bail complied with the bail acknowledgment.

This clause does not apply in respect of an automatic forfeiture order.