31Discharge of liability of persons other than accused

31 Discharge of liability of persons other than accused (1) Where a person other than the accused person has entered into an agreement under section 27(2)(d), (f) or (h), the person may, subject to subsection (5), at any time apply: (a) where the bail was granted by a court: (i) to the court which granted the bail; or (ii) to the court of appearance; or (b) where the bail was granted by an authorised member – to the court of appearance; to discharge the applicant from liability under the agreement. (2) On an application being made under subsection (1), the court must, if the accused person is not then in custody or before the court: (a) issue a warrant to apprehend the accused person and bring the accused person before the court; or (b) issue a summons for the accused person's appearance before the court. (3) On the appearance of the accused person before the court, the court must, unless satisfied that it would be unjust to do so, direct that the applicant be discharged from liability under the agreement, and the applicant is, upon the direction being given, discharged accordingly. (4) If the court discharges the applicant from liability under the agreement, the court may impose further conditions on the grant of bail, and may by warrant commit the accused person into the custody of the Commissioner of Correctional Services or CEO (Youth Justice) until the accused person enters into the further conditions. (5) A person may not make an application under this section if the accused person has failed to comply with his bail undertaking or an agreement entered into by the accused person pursuant to a bail condition. court of appearance means the court before which the accused person is required to appear in accordance with the accused person's bail undertaking.

Bail Act 1982 34