Bail Regulations 1994


Tasmanian Crest
Bail Regulations 1994

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Bail Act 1994 .

19 December 1994

P. H. BENNETT

Governor

By His Excellency's Command,

PETER HODGMAN

for and on behalf of Minister for Justice

1.   Short title

These regulations may be cited as the Bail Regulations 1994 .

2.   Commencement

These regulations take effect on 9 January 1995.

3.   Interpretation

(1)  In these regulations,
Act means the Bail Act 1994 .
(2)  In these regulations, a reference to a Form is taken to be a reference to a form specified in Schedule 1 .

4.   Notice of admission to police bail

A notice of admission to police bail under section 5(1) of the Act is to be in accordance with Form 1 .

5.   Warrant for arrest on failure to appear

A warrant for arrest under section 5(5) or 12 of the Act is to be in accordance with Form 2 .

6.   Bail document

A bail document issued under section 7(2) of the Act is to be in accordance with Form 3 .

7.   Recognizance on admission to bail

A recognizance to be entered into under section 7(5)(b) of the Act is to be in accordance with Form 4 .

8.   Miscellaneous applications under the Bail Act

A person who –
(a) seeks to show cause why money deposited for bail should be returned to him or her under section 17(1) of the Act; or
(b) makes an application under section 20(a) , 23(1) or 24(1) of the Act –
must do so by an application in accordance with Form 5 which, unless otherwise ordered by the judge, justice or relevant court, is to be supported by an affidavit specifying the material facts on which he or she intends to rely.

9.   Notice of application for forfeiture of recognizance

A notice of application to a judge or justice under section 20 of the Act is to be served personally with a proof of service in accordance with Form 6 .
SCHEDULE 1 - Forms

Regulation 3(2)

Form 1 - Police Bail Notice
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Form 2 - Warrant for arrest
[Schedule 1 Amended by S.R. 1997, No. 138, Applied:22 Oct 1997]
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Form 3 - Bail Document
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Form 4 - Recognizance
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Form 5 - Application
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Form 6 - Memorandum of Service
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Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 December 1994

These regulations are administered in the Department of Justice.