Commonwealth Consolidated Acts

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Procedure for enforcing bonds

             (1)  If a court has made an order under paragraph 70NEB(1)(d) requiring a person to enter into a bond in accordance with section 70NEC, the following provisions have effect.

             (2)  If the court (whether or not constituted by the judge or magistrate who required the bond to be entered into in accordance with section 70NEC) is satisfied that the person has, without reasonable excuse, failed to comply with the bond, the court may take action under subsection (3).

             (3)  The court may:

                     (a)  without prejudice to the continuance of the bond entered into in accordance with section 70NEC, impose a fine not exceeding 10 penalty units on the person; or

                     (b)  revoke the bond entered into in accordance with section 70NEC and, subject to subsection (4), deal with the person, for the contravention in respect of which the bond was entered into, in any manner in which the person could have been dealt with for the contravention if:

                              (i)  the bond had not been entered into; and

                             (ii)  the person was before the court under section 70NEB in respect of the contravention.

             (4)  In dealing with the person as mentioned in paragraph (3)(b), the court must, in addition to any other matters that it considers should be taken into account, take into account:

                     (a)  the fact that the bond was entered into; and

                     (b)  anything done pursuant to the bond; and

                     (c)  any fine imposed, and any other order made, for or in respect of the contravention.

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