Clause 353 creates two versions of form 38. This form is used for the purposes of a conviction for contempt.
The second version was created to refer to a witness being bound by an undertaking or release order to appear and give evidence. Under the new streamlined bail terminology, the document used to bind a witness to appear in court is a recognizance. The terms “undertaking” and “release order” are reserved for bail. The proposed amendment would remove the second unnecessary version of the form by removing subclause 353(2).