Magistrates Court Act 1930
105Court may remand noncompliant witness
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105 Court may remand noncompliant witness (1) If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant’s trial, unless the witness enters into the recognisance before a magistrate. Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the (2) If the witness is remanded under this section, a magistrate may order the director-general to release the witness from custody in accordance with the order if— (a) the defendant is not committed for trial for the offence with which the defendant is charged; or (b) the relevant officer declines to file an information against the defendant for the offence; or
Indictable offences—other provisions Division 3.5.6 (c) the witness enters into the recognisance before a magistrate.