New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL PROCEDURE LEGISLATION AMENDMENT (BAIL AGREEMENTS) ACT 1998 - SCHEDULE 3

SCHEDULE 3 – Amendment of other Acts

(Section 5)

3.1 - Children (Criminal Proceedings) Act 1987 No 55

Section 42 Appeals

Omit section 42 (2).

3.2 - Conveyancing Act 1919 No 6

[1] Section 186 Writs and orders under judgments or relating to legal proceedings

Insert after section 186 (3):

(4) In this section, "recognisance" includes bail agreement within the meaning of Part 7A of the Bail Act 1978 .

[2] Section 189 Judgments not to be a charge on land until writ or order registered

Insert after section 189 (2):

(3) In this section, "recognisance" includes bail agreement within the meaning of Part 7A of the Bail Act 1978 .

3.3 - Coroners Act 1980 No 27

Section 40

Omit the section. Insert instead:

40 Apprehension of witness under warrant

(1) The coroner before whom a person is brought after having been apprehended under a warrant referred to in section 35 or 39:

(a) subject to the Bail Act 1978 , must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and

(b) must order the person to be brought before the coroner at such time and place as is specified in the order.

(2) The Bail Act 1978 applies to the person (not being an accused person within the meaning of that Act) in the same way as it applies to an accused person within the meaning of that Act and, for that purpose, bail may be granted to such a person under that Act with respect to the period between:

(a) the person's being brought before the coroner under a warrant for the purpose of being examined as a witness or producing a document or thing, and

(b) the person's being examined as a witness or producing the document or thing.

3.4 - Evidence Act 1995 No 25

Section 194 Witnesses failing to attend proceedings

Insert after section 194 (3):

(4) In this section, "recognisance" includes bail undertaking within the meaning of the Bail Act 1978 .

3.5 - Fines Act 1996 No 99

[1] Part 7, heading

Omit "monetary bail or recognizances".
Insert instead "bail agreements".

[2] Section 111

Omit the section. Insert instead:

111 Definitions In this Part:
"forfeited bail money" means unpaid bail money the subject of a forfeiture order under Part 7A of the Bail Act 1978 .
"forfeited bail security" means bail security given in relation to bail money the subject of a forfeiture order under Part 7A of the Bail Act 1978 .

[3] Section 112 Enforcement of forfeited bail money

Omit "a forfeited bail undertaking or recognizance" from section 112 (1).
Insert instead "forfeited bail money".

[4] Section 112 (2)

Insert after section 112 (2) (b):

(b1) if the State Debt Recovery Office is served with a copy of an application or appeal duly made under section 53K or 53N of the Bail Act 1978 in relation to forfeited bail money, action under Part 4 may not be commenced or continued until proceedings on the application or appeal are finally determined,

[5] Section 112A

Insert after section 112:

112A Enforcement of forfeited bail security

(1) Section 72 applies to a forfeited bail security as if the bail money in relation to which it is given were a fine imposed by a court for an offence.

(2) The application of that section is subject to the following:

(a) if the State Debt Recovery Office is served with a copy of an application or appeal duly made under section 53K or 53N of the Bail Act 1978 in relation to the bail money for which the forfeited bail security is given, action under section 72 may not be commenced or continued until proceedings on the application or appeal are finally determined,

(b) all other necessary or prescribed modifications to the application of that section apply.

3.6 - Forfeited Recognizances and Bail Act 1954 No 25

[1] Long title

Omit "and bail money" wherever occurring.

[2] Section 3 Definitions

Omit the definitions of "bail agreement", "bail money", "bail undertaking" and "monetary bail condition".

[3] Section 4A Forfeiture of bail money

Omit the section.

[4] Section 6 Enforcement of certain recognizances where amount thereof has been deposited

Omit section 6 (1A).

[5] Section 6 (2) (a)

Omit "or (1A) (d)".

[6] Section 6 (2) and (3)

Omit "or bail money" wherever occurring.

[7] Section 17 Fraudulent disposal of assets

Omit "or who, having been accepted under the Bail Act 1978 , by virtue of the person's ownership of specific property, as an acceptable person referred to in section 36 of that Act,".

3.7 - Inebriates Act 1912 No 24

[1] Section 7 Forfeiture of recognizances

Omit "If". Insert instead "Subject to section 17A, if".

[2] Section 12 Forfeiture of recognizances

Omit "If". Insert instead "Subject to section 17A, if".

[3] Section 17A

Insert after section 17:

17A Forfeiture of securities under recognizances The provisions of Part 7A of the Bail Act 1978 and Part 7 of the Fines Act 1996 apply to the forfeiture of any security under a recognizance under this Act and to the recovery of any security so forfeited in the same way as they apply to the forfeiture of bail money and to the recovery of any bail money so forfeited.

3.8 - Local Courts (Civil Claims) Act 1970 No 11

Section 72 Witnesses

Omit section 72 (5), (6), (7) and (8). Insert instead:

(5) The provisions of section 66 (2), (3) and (4) of the Justices Act 1902 apply to a person who is apprehended under a warrant referred to in subsection (3) (b) in the same way as they apply to a person who is apprehended under a warrant referred to in section 66 (1) of that Act.

3.9 - Protected Estates Act 1983 No 179

[1] Section 9 Power to take evidence

Omit "affidavit, and" from section 9 (1) (b).
Insert instead "affidavit.".

[2] Section 9 (1) (c)

Omit the paragraph.

[3] Section 31 Security in respect of management

Omit "bonds and recognizances given or entered into" from section 31 (3).
Insert instead "bonds given".

[4] Section 31 (4)

Omit the subsection. Insert instead:

(4) The provisions of Part 7A of the Bail Act 1978 and Part 7 of the Fines Act 1996 apply to the forfeiture of any security under a bond and to the recovery of any security so forfeited in the same way as they apply to the forfeiture of bail money and to the recovery of any bail money so forfeited.