Queensland Consolidated Acts

BAIL ACT 1980 - SECT 32B

32B Variation or revocation of order forfeiting bail undertaking

(1) If a court orders a defendant or a surety to pay an amount under section 32 or 32A , the defendant or the surety may apply in the approved form to the court that made the order or, for a Magistrates Court, any magistrate, for an order revoking or varying the order.

(2) The application—

(a) may only be made on the ground that, having regard to all the circumstances, it would be against the interests of justice to require the person to pay the amount ordered to be paid; and

(b) must be made within 28 days after the relevant undertaking is forfeited or the longer time the court allows for payment of the amount; and

(c) must briefly state the circumstances relied on; and

(d) must be filed with the proper officer of the court and served, at least 14 days before the date set for the hearing of the application, on the complainant or, for an undertaking entered into after an indictment is presented, whoever of the following is relevant—

(i) the State crown solicitor;

(ii) for an offence against a law of the Commonwealth, the Australian Government Solicitor in Queensland.

(3) Despite subsection (2) (b) , if the undertaking was forfeited in the absence of the defendant, an application may be made within 28 days after the order comes to the notice of the applicant.

(4) At any time after the application is filed, the applicant may apply to the court for a stay of proceedings to which the application relates.

(5) The court may grant the stay and do any of the following—

(a) direct the return of any unenforced warrant;

(b) postpone the issue of a warrant;

(c) stay the enforcement of any warrant until the application is decided.

(6) Also, the court may hear the application earlier than 14 days after service of the application if the parties consent to the earlier hearing.

(7) The court must decide the application and may—

(a) vary the order; or

(b) revoke the order; or

(c) refuse the application.