Bail Regulations 1988

For the purposes of section 13B(1)(c) of the Act, written notice to the accused under section 13A(3) of the Act may be provided to the accused by —

faxing the notice to a fax number provided by the accused; or

emailing the notice (whether or not as an attachment) to an email address provided by the accused; or

sending the notice by text message to a mobile phone number provided by the accused.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 13B(2) of the Act —

may be incorporated in an electronic form of the file copy of the notice to the accused by noting the matters referred to in that subsection on the ECMS in respect of the notice; or

may be associated electronically with the file copy of the notice to the accused by means of the ECMS.

A certificate referred to in section 13B(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

the certificate is produced by means of the ECMS; and

the name of the person who gave, sent or provided the notice is recorded on the certificate.

If a notice is sent by electronic means in accordance with this regulation the notice is to be presumed, unless the contrary is shown, to have been received —

if the fax, email or text message is sent before 4.00 p.m. on a working day — on that day; or

otherwise — on the next working day after the fax, email or text message is sent.