NSWIn ForceRegulation
Bail Regulation 2021
9Exercise of certain functions by court staff and police officers
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#### 9 Exercise of certain functions by court staff and police officers
9 Exercise of certain functions by court staff and police officers
> > (1) The following persons are prescribed as appropriate officers under the Act, section 95(2)(f) in relation to the bail acknowledgment functions of a bail authority—
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> > > (a) if the bail decision is made by a court—an officer of the Department of Communities and Justice who is—
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> > > > (i) employed in a court registry, or
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> > > > (ii) authorised by the Attorney General for the purposes of this section,
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> > > (b) if the bail decision is made by a police officer with power to grant bail—a police officer.
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> > (2) The following functions are the bail acknowledgment functions of a bail authority—
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> > > (a) the function of giving an accused person a bail acknowledgment or another notice required to be given by the bail authority,
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> > > (b) the function of accepting a signed bail acknowledgment from the accused person.
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> > (3) This section does not permit a police officer who does not have power to grant bail to exercise a function of deciding whether a person or security is acceptable under the Act, section 26(4) or 27(3).
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> > (4) Accordingly, if a decision referred to in subsection (3) has to be made by the police officer to whom a bail acknowledgment is given, the function of accepting the signed bail acknowledgment, and making the decision, must be exercised by a police officer with power to grant bail.
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> **s 9:** Am 2025 (662), Sch 1\[2\].