Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 88

Law applicable to grant etc. of bail

  (1)   Despite subsection   68(1) of the Judiciary Act 1903 , the law of a State with respect to the granting of bail applies in relation to a power under this Division to grant bail to:

  (a)   a person apprehended in that State; or

  (b)   a person who has applied in that State for an order under section   90;

as if the person had been apprehended under, or by authority of, a law of that State.

  (2)   The law of a State with respect to bail and matters related to bail (including enforcement of bail) applies in relation to a person who has been remanded on bail in that State under this Division as if the person had been remanded on bail to appear before a court of that State.

  (3)   Money received in proceedings for the enforcement of bail is to be retained by the State in which the bail condition, the breach of which lead to the proceedings being brought, was imposed.



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