Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58GC

  (1)   This section applies if:

  (a)   security was provided for the accused's bail; and

  (b)   the accused's bail order is revoked under section   58EA because of a failure by the accused to appear before the Court in accordance with the accused's bail undertaking.

  (2)   Despite the revocation, each of the following continue to have effect to the extent to which they relate to the security provided for the accused's bail:

  (a)   the accused's bail undertaking;

  (b)   each third party security undertaking made in relation to the accused's bail.

Note:   Generally, the bail undertaking and any third party security undertaking will automatically end at the same time as the bail order.

  (3)   This continuation of an undertaking to provide security ceases if:

  (a)   a forfeiture order cannot take effect in relation to the security and the failure; or

  (b)   the Court orders the continuation to cease.

Note 1:   When a forfeiture order takes effect is set out in section   58FE.

Note 2:   A forfeiture order cannot be made unless an application is made within 6 months of the failure (see subsection   58FB(4)).