ACTIn ForceAct
Bail Act 1992
30Accused person may be excused from attendance before
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30 Accused person may be excused from attendance before
court
(1) If a person has given an undertaking to appear before a court under
section 28 (1), the court may, on application made by or on behalf of
that person, by order excuse the person from attendance before the
court to answer the charge in relation to which bail has been granted
or for any other purpose in relation to the proceedings relating to the
charge.
(2) An order under subsection (1) may be made—
(a) whether or not any evidence has been given in the proceedings;
and
(b) whether or not the applicant for the order is before the court or
has attended before the court in relation to the proceedings.
(3) A court must not make an order under subsection (1) unless it has
been informed, by or on behalf of the applicant, that the applicant is
represented by a lawyer for the purposes of the proceedings.
(4) A court may, at any time during proceedings in relation to which an
order has been made in relation to a person under subsection (1),
direct the informant or the registrar of the court to serve the person in
relation to whom the order has been made with a written notice
requiring him or her to attend before the court, for the purposes of
those proceedings, on a day and at a time and place stated by the court.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(5) If a person on whom a notice under subsection (4) has been served
does not attend before the court in accordance with the requirements
of the notice, the court may issue a warrant for the arrest of the person
and for bringing the person before the court at the time and place
specified in the warrant.
(6) If—
(a) a person has been discharged from custody on bail; and
(b) an order is made under subsection (1) excusing the person from
attendance before the court in accordance with his or her
undertaking to appear; and
(c) the person does not appear before the court at the place, date and
time required under that undertaking;
the person is not taken to have failed to comply with a condition of
his or her bail only because the person did not so attend before the
court and bail continues subject to any condition other than a
condition requiring the person to attend before the court.