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reg 9

Exercise of certain functions by court staff and police officers

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Part 2Making and variation of bail decisions
Division 1General

9 Exercise of certain functions by court staff and police officers

(1)

The following persons are prescribed as appropriate officers under the Act, section 95(2)(f) in relation to the bail acknowledgment functions of a bail authority—

(a)

if the bail decision is made by a court—an officer of the Department of Communities and Justice who is—

(i)

employed in a court registry, or

(ii)

authorised by the Attorney General for the purposes of this section,

(b)

if the bail decision is made by a police officer with power to grant bail—a police officer.

(2)

The following functions are the bail acknowledgment functions of a bail authority—

(a)

the function of giving an accused person a bail acknowledgment or another notice required to be given by the bail authority,

(b)

the function of accepting a signed bail acknowledgment from the accused person.

(3)

This section does not permit a police officer who does not have power to grant bail to exercise a function of deciding whether a person or security is acceptable under the Act, section 26(4) or 27(3).

(4)

Accordingly, if a decision referred to in subsection (3) has to be made by the police officer to whom a bail acknowledgment is given, the function of accepting the signed bail acknowledgment, and making the decision, must be exercised by a police officer with power to grant bail.

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