New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 86

Offence of indemnifying bail guarantor

86 Offence of indemnifying bail guarantor

(1) A person who indemnifies another person, or agrees to indemnify another person, against any forfeiture that the other person may incur under a bail security agreement is guilty of an offence.
Maximum penalty on indictment: 30 penalty units or imprisonment for 3 years, or both.
(2) A person who is indemnified by, or enters into any agreement under which the person is to be indemnified by, another person against any forfeiture the first person may incur under a bail security agreement is guilty of an offence.
Maximum penalty on indictment: 30 penalty units or imprisonment for 3 years, or both.
(3) An offence is committed against this section:
(a) whether an agreement is entered into before or after a person to be indemnified enters into a bail security agreement, and
(b) whether the compensation is or is to be in money or in money's worth.
(4) This section does not apply to any indemnity given by the Minister administering the Children and Young Persons (Care and Protection) Act 1998 against any forfeiture that a member of the Government Service may incur as a result of entering into a bail security agreement for the purpose of fulfilling a condition imposed on the grant of bail to a person under the parental responsibility of that Minister.
(5) Proceedings for an offence against this section may be instituted only with the consent of the Minister.



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