Division 253A Court may make forfeiture order if accused fails to appear
(1) If satisfied that an accused person has failed to comply with his or her bail undertaking to appear before it, the court:(a) with which the accused person entered into the undertaking, or(b) before which the accused person is under a duty to appear under the undertaking,may make a forfeiture order in relation to any bail money agreed to be forfeited under an associated bail agreement.(2) A forfeiture order may not be made if more than 3 years have elapsed since the accused person allegedly failed to appear before the court in accordance with the relevant bail undertaking.
53AA Forfeiture after conviction for offence of failing to appear
(1) On the conviction of a person for an offence under section 51, any bail money agreed to be forfeited under a bail agreement associated with the bail undertaking concerned is forfeited and a forfeiture order is taken to have been made under this Part by the court that convicted the person.(2) This section does not affect any right to make a forfeiture order under section 53A in relation to a person accused of committing an offence under section 51.
53B Persons affected to be notified that forfeiture order has been made
(1) As soon as practicable after a forfeiture order is made, the registrar of the court by which the order was made must cause written notice of the making of the order to be served on each person affected by the order.(2) The 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 undertaking 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.(3) This section ceases to apply if, before the notice is sent, an oral objection to the confirmation of the forfeiture order is made under section 53E.
53C Formal objection to confirmation of forfeiture order
(1) Any person affected by a forfeiture order may file in the registry of a Local Court an objection to the confirmation of the order.(2) Such an objection may not be made more than 28 days after service of the forfeiture notice issued in relation to the forfeiture order.(3) An objection must be made in accordance with rules of court and must include the grounds on which the applicant intends to rely.(4) The Local Court must ensure that notice of such an objection is given to the appropriate State authority in accordance with the regulations.
53D Hearing of formal objection to confirmation of forfeiture order
(1) The Local Court to which an objection to the confirmation of a forfeiture order is duly made must conduct a hearing to determine whether or not the order should be confirmed.(2) 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 undertaking, in which case it must set the forfeiture order aside.(3) 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:(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and(b) in that event, must confirm the order as so varied.(4) 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 accused person complied with the relevant bail undertaking.(5) This section does not apply to a forfeiture order taken to have been made under section 53AA.
53DA Hearing of formal objections to deemed forfeiture orders
(1) A Local Court to which an objection to the confirmation of a forfeiture order taken to have been made under section 53AA is duly made must conduct a hearing to determine whether or not the order should be confirmed.(2) After conducting a hearing, the Local Court must confirm the forfeiture order unless it is satisfied as referred to in subsection (3).(3) If the Local Court 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:(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and(b) in that event, must confirm the order as so varied.(4) 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 accused person complied with the relevant bail undertaking.
53E Informal objection to forfeiture order
(1) If, after a forfeiture order is made but before a forfeiture notice is served, a person affected by the order appears before the court by which the order was made, that person may make an oral objection to the court against the confirmation of the order.(2) The court must ensure that notice of the objection is given to the appropriate State authority in accordance with the regulations.(3) The court may deal with the objection as if it had been an objection filed in the registry of a Local Court in response to a forfeiture notice.
53F When forfeiture order takes effect
(1) A forfeiture order takes effect:(a) at the expiry of the statutory review period, or(b) if an objection to the confirmation of the order is filed in the registry of a Local Court or made under section 53E before the expiry of the statutory review period, at the time the order is confirmed under section 53D or 53DA.(2) A forfeiture order does not take effect if it is set aside under section 53D.(3) No action may be taken to enforce a forfeiture order until the date the order takes effect.
53G Effect of forfeiture order
(1) As soon as a forfeiture order takes effect, the bail money to which it relates:(a) is forfeited to the Crown, in the case of bail money that is deposited with an authorised officer or court, or(b) becomes payable to the Crown, in the case of bail money that is agreed to be paid to an authorised officer or court,and (in the case of unpaid bail money) any bail security becomes enforceable in accordance with its terms.(2) Despite subsection (1), no action is to be taken to enforce any bail security the subject of a forfeiture order to which section 53K applies until 12 months after the date on which the order was made.
53H Persons affected to be notified that forfeiture order has taken effect
(1) As soon as practicable after a forfeiture order takes effect, the registrar of the court by which the order was made must cause written notice that the order has taken effect to be served on each person affected by the order.(2) The 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 undertaking 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.
53I Reference of forfeiture order for enforcement
(1) If any bail money to which a forfeiture order relates remains unpaid after the order takes effect, the registrar of the court by which the order was made is to refer the following documents to the State Debt Recovery Office:(a) a copy of the forfeiture order,(b) a copy of the bail undertaking and of the relevant bail agreement,(c) a copy of all documents evidencing any relevant bail security,(d) a certificate, issued by the registrar of the court, as to the amount of bail money that remains unpaid as at the date on which the order is referred.(2) A certificate referred to in subsection (1) (d) is admissible in any legal proceedings and is evidence of the matters stated in the certificate.
53J Payment of forfeited bail money
(1) Bail money that becomes payable to the Crown as a consequence of a forfeiture order taking effect must be paid:(a) if paid before a copy of the order is referred to the State Debt Recovery Office, to the registrar of the court by which the order was made, or(b) if paid after a copy of the order is referred to the State Debt Recovery Office, to the State Debt Recovery Office.(2) A bail guarantor by whom an amount of bail money is payable is entitled to the return of any bail security lodged in relation to that amount if he or she pays that amount in money to the court by which the forfeiture order was made or to the State Debt Recovery Office, as the case requires.