11Cash deposit as security for penalty

11 Cash deposit as security for penalty S. 11(1) amended by Nos 37/2014 s. 10(Sch. item 8.3), 6/2021 s. 12, 28/2023 s. 75(1). (1) Where a person is apprehended for an offence against section 17 of the **Summary Offences Act 1966** a police officer of or above the rank of sergeant or for the time being in charge of a police station shall in addition to any power the police officer may have to release such person on bail have power to release the person on the person's making a deposit of such amount not exceeding $50 as the police officer thinks reasonable as security for the payment of any penalty that may be imposed as punishment for the person's offence. S. 11(2) amended by Nos 37/2014 s. 10(Sch. item 8.3), 28/2023 s. 75(2). (2) Upon releasing a person under this section the police officer shall notify the person that the person is required to appear before a court at a certain time and place and that if the person fails to appear accordingly the charge may be heard in the person's absence and that the deposit will be appropriated to the payment or part payment of any fine that may be imposed by the court and that any surplus thereof will be paid into the Consolidated Fund but that if the person appears to answer to the charge any surplus will be refunded to the person. S. 11(3) amended by No. 28/2023 s. 75(3). (3) Notwithstanding anything to the contrary in any Act or law, where any person who is released in accordance with the provisions of this section fails to appear at the time and place notified to the person the charge may be heard and determined in the person's absence and the deposit lodged by the person shall be appropriated to the payment or part payment of any fine that may be imposed by the court and any surplus thereof shall be paid into the Consolidated Fund. S. 11(4) amended by No. 28/2023 s. 75(4). (4) Where a person who is released in accordance with the provisions of this section appears to answer to the charge any surplus shall be refunded to the person. S. 11(5) amended by Nos 68/2009 s. 97(Sch. item 11.10), 37/2014 s. 10(Sch. item 8.3). (5) A statement in the prescribed form purporting to be signed by the police officer who released a person under this section shall be prima facie evidence that the accused was released and notified in accordance with the provisions of subsections (1) and (2). S. 12 amended by Nos 9427 s. 6(1)(Sch. 5 item 7), 51/1989 s. 142(g), 84/1997 s. 6, 68/2009 s. 97(Sch. items 11.11, 11.12), 70/2010 s. 11, 1/2016 s. 13, substituted by No. 26/2017 s. 9.