NSWIn ForceAct
Bail Act 2013
26Bail conditions can require security to be provided
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#### 26 Bail conditions can require security to be provided
26 Bail conditions can require security to be provided
> > (1) A bail condition can require security to be provided for compliance with a bail acknowledgment.
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> > (2) For that purpose, a bail condition can include the following requirements—
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> > > (a) that the accused person, or one or more other acceptable persons, or both, enter into an agreement under which the person agrees to forfeit a specified amount of money if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment,
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> > > (b) that a specified amount of money be deposited with the bail authority (and agreed to be forfeited under such an agreement if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment),
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> > > (c) that acceptable security be deposited with the bail authority as security for the payment of the money agreed to be forfeited under such an agreement.
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> > (3) A requirement of a kind referred to in this section is a security requirement.
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> > (4) A decision as to which person or persons, or class or description of persons, is an acceptable person and what security is acceptable security for the purposes of a security requirement is to be made by—
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> > > (a) the bail authority imposing the bail condition, or
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> > > (b) the officer or court to whom the bail acknowledgment is given (if no decision has been made under paragraph (a)).
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> > (5) A security requirement can be imposed only for the purpose of addressing a bail concern that the accused person will fail to appear at any proceedings for the offence.
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> > (6) A bail authority is not to impose a security requirement unless of the opinion that the purpose for which the security requirement is imposed is not likely to be achieved by imposing one or more conduct requirements.
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> > (7) The regulations may make further provision for security requirements and bail security agreements.
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> Note.
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> Part 9 contains further provisions about security requirements.
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> **s 26:** Am 2014 No 5, Sch 1 \[1\] \[2\]; 2014 No 52, Sch 1 \[13\].