The third party security undertaking I [name] of [address] agree that I will forfeit the security described above if [name] does not appear in person before the Court on [date] at [time] at [place] or on any other occasion that he or she is directed to appear before the Court by the Court, a Judge or an officer of the Court. And I give this undertaking in respect of the period for which bail has been granted to [name] and any period for which bail may be continued by order of the Court or by operation of the Federal Court of Australia Act 1976. Date: Signed by the third party: ……………………………………… Witnessed by: Signature: ………………………………………………………….. Name: ………………………………………………………. Title: …………………………………………………………….. Note A third party security undertaking must be signed by the third party before the Judge who granted the bail or a Registrar. (CP Rule 5.05(1)(b)) Certification by witness Before the third party signed this third party security undertaking I took reasonable steps to ensure that the third party was aware of the obligations of the third party under the third party security undertaking and, if the bail order has been granted subject to conditions, of the consequences to the third party that may follow if the Accused did not comply with the conditions. The reasonable steps that I took were: [select one of the following and delete the others] *I read the third party security undertaking to the third party and asked the third party if he or she understood the undertaking. *I arranged for the third party security undertaking to be read to the third party in a language the third party understood and arranged for the third party to be asked if he or she understood the effect of the undertaking. *I asked the third party if he or she had read the third party security undertaking and, if so, if he or she understood the undertaking.
The third party security undertaking I [name] of [address] agree that I will forfeit the security described above if [name] does not appear in person before the Court on [date] at [time] at [place] or on any other occasion that he or she is directed to appear before the Court by the Court, a Judge or an officer of the Court. And I give this undertaking in respect of the period for which bail has been granted to [name] and any period for which bail may be continued by order of the Court or by operation of the Federal Court of Australia Act 1976. Date: Signed by the third party: ……………………………………… Witnessed by: Signature: ………………………………………………………….. Name: ………………………………………………………. Title: …………………………………………………………….. Note A third party security undertaking must be signed by the third party before the Judge who granted the bail or a Registrar. (CP Rule 5.05(1)(b)) Certification by witness Before the third party signed this third party security undertaking I took reasonable steps to ensure that the third party was aware of the obligations of the third party under the third party security undertaking and, if the bail order has been granted subject to conditions, of the consequences to the third party that may follow if the Accused did not comply with the conditions. The reasonable steps that I took were: [select one of the following and delete the others] *I read the third party security undertaking to the third party and asked the third party if he or she understood the undertaking. *I arranged for the third party security undertaking to be read to the third party in a language the third party understood and arranged for the third party to be asked if he or she understood the effect of the undertaking. *I asked the third party if he or she had read the third party security undertaking and, if so, if he or she understood the undertaking.
CP34.docx