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Bail Act 1992
45Exercise of power to review
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45 Exercise of power to review
(1) The power to review a decision under this division includes a power
to confirm or vary the decision or to substitute another decision.
(2) A decision as varied or substituted must be in conformity with this
Act.
(3) The review of a decision must be by way of rehearing and evidence
or information in addition to, or in substitution for, the evidence or
information given or obtained on the making of the decision may be
given or obtained on the review.
(4) If, on a review of a decision under this division the court varies the
decision or substitutes another decision, section 27 applies in relation
to the decision as varied or substituted as if that decision had been
given by the court in relation to an application for bail.
(5) If, on a review of a decision under this division, bail for an accused
person is revoked, the court may, by warrant, commit the person into
custody.
(6) If, on a review of a decision under this division—
(a) bail is granted without any condition being imposed but the
accused person has not given an undertaking to appear; or
(b) bail is granted subject to a condition;
the court may by warrant commit the person into custody until the
person gives the undertaking to appear or satisfies the condition.
(7) A court may refuse to entertain a request to review a decision under
this division if the court is satisfied that the request is frivolous or
vexatious.
(8) A regulation may make provision in relation to—
(a) the way of making a request for the review of a decision under
this division; and
(b) the giving or sending to people of notices relating to the
proposed exercise of power to review a decision under this
division.