Victorian Current Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 155

    (1)     If it is not practicable for the person to be brought before the Supreme Court without delay after he or she is arrested—

        (a)     the person for the time being in charge of the place where he or she is detained must—

              (i)     advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and

              (ii)     give the person a written statement, in the prescribed form, of his or her right to apply for discharge from custody; and

        (b)     if the person elects to apply for discharge from custody, the person for the time being in charge of the place where he or she is detained must—

              (i)     give written notice to the IBAC of the person's election to apply; and

              (ii)     cause the person to be brought before a bail justice as soon as practicable; and

              (iii)     cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and

              (iv)     abide by the decision of the bail justice in relation to the person.

    (2)     When a person is brought before a bail justice under subsection (1), the bail justice may discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence.

S. 156 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).