Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58EA

  (1)   This section applies if, in relation to a bail order:

  (a)   the Court gives a direction under subsection   58DG(2); or

  (b)   the prosecutor applies for the bail order to be varied or revoked on the basis that the accused has failed to comply with the accused's bail undertaking.

  (2)   The Court must cause the accused to be brought before the Court in accordance with the Rules of Court.

Note:   In a case where the accused failed to appear before the Court in accordance with the accused's bail undertaking, the Court may be asked to commence forfeiture proceedings (see section   58FB).

  (3)   The Court may, by order, vary or revoke the bail order.

  (4)   In deciding whether to vary or revoke the bail order, the Court must consider:

  (a)   the matters set out in subsection   58DB(2); and

  (b)   if the decision is to be made during criminal appeal proceedings--the principle that exceptional circumstances must exist for the accused to be released on bail.