New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 83

Bail guarantor may apply to be discharged of liability

83 Bail guarantor may apply to be discharged of liability

(1) A person who enters into a bail security agreement (other than the person granted bail) may at any time apply to a court to be discharged of his or her liability under the agreement.
(2) An application may be made to the court that granted bail or to the court of appearance.
(3) An authorised justice must, if an application for discharge of liability is made and the person granted bail is not then before the court or otherwise in custody--
(a) issue a warrant to apprehend the person and bring the person before the court, or
(b) issue a summons for the person's appearance before the court.
(4) When the person granted bail appears before the court, the court must, unless satisfied that it would be unjust to do so, direct that the applicant be discharged from the applicant's liability. The applicant is discharged accordingly.
(5) A court that discharges an applicant from liability under a bail security agreement may--
(a) vary the bail conditions of the person granted bail, and
(b) by warrant commit the person to a correctional centre or other place of security until those conditions are complied with.
(6) In this section,
"court of appearance" means the court before which a person granted bail is required to appear by that bail.

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