(1) Where a person—
(a) indemnifies another or agrees to indemnify another; or
(b) accepts a fee from another or agrees to accept a fee from another,
against any liability which that other person may incur as a surety to secure the surrender to custody of a defendant, he or she and that other person commits an offence.
(2) An offence under subsection (1) is committed whether—
(a) the agreement is made before or after the person to be indemnified becomes a surety;
(b) the person becomes a surety or not; or
(c) the agreement contemplates compensation in money or money's worth.
(3) Where a magistrate convicts a person of an offence under subsection (1), the magistrate may, commit that person in custody or on bail to the High Court for sentence if he or she thinks—
(a) that the circumstances of the offence are such that greater punishment should be inflicted for that offence than he or she has power to inflict; or
(b) in a case where the Court commits that person to the High Court for the offence, that it would be appropriate for him or her to be dealt with for the offence under subsection (1) by the Court before which he or she is tried for the offence.
(4) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for one year or to a fine of $1,000 or to both; or
(b) on conviction on indictment or if sentenced by the High Court on committal for sentence under subsection (3), to imprisonment for 2 years or to a fine of $5,000 or to both.
(5) No proceedings for an offence under subsection (1) shall be instituted except by or with the consent of the Director of Public Prosecutions.