New South Wales Repealed Acts

This legislation has been repealed.

FORFEITED RECOGNIZANCES AND BAIL ACT 1954 - SECT 4

4 Forfeiture of certain recognizances

(1) "Recognizance to which this section applies" means a recognizance the amount of which, if the conditions of the recognizance are not complied with, can, apart from this section, be recovered only as a debt due to Her Majesty in a court of competent jurisdiction.

(2) Subject to subsection (3), any court may, on due proof that the conditions of any recognizance to which this section applies have not been complied with, forfeit the recognizance and transmit it, together with the certificate referred to in subsection (5) to the State Debt Recovery Office to be proceeded upon according to law.

(3) A court shall not forfeit any recognizance to which this section applies unless the person bound by the recognizance who has therein made default is present before the court or a notice in a form approved by the Minister to show cause why the recognizance should not be forfeited has first been served on that person.

(4) Any notice to be served pursuant to subsection (3) on any person shall be in writing and shall be sufficiently served:

(a) by delivering the notice to the person personally, or

(b) by forwarding the notice by post in a registered letter addressed to the person at the person's address as shown in the recognizance concerned; and such service shall be deemed to have been effected at the time at which the registered letter would be delivered in the ordinary course of post.

(5) Where any recognizance to which this section applies is forfeited under this section by any court, the court shall certify in what respects the conditions thereof have not been complied with.
Such certificate shall be prima facie evidence of the matters stated therein.