An Act to amend the Bail Act 1978 to make further provision with respect to the grant of bail and review of bail decisions.
This Act is the Bail Amendment Act 2003.
This Act commences on a day or days to be appointed by proclamation.
The Bail Act 1978 is amended as set out in Schedule 1.
(Section 3)
Omit “section 9A or 9B” from section 9 (1) (g).
Insert instead “section 9A, 9B or 9D”.
Insert after Division 3:
An authorised officer or court is not to grant bail to a person in respect of an offence of murder unless the authorised officer or court is satisfied that exceptional circumstances justify the grant of bail.
An authorised officer or court is not to grant bail to a person in respect of a serious personal violence offence if the person is a repeat offender unless the authorised officer or court is satisfied that exceptional circumstances justify the grant of bail.
For the purposes of this section, a person is a
Section 9 does not apply in respect of a grant of bail to a person in respect of a serious personal violence offence if this section applies to the person.
In this section:
(a) an offence under, or mentioned in, section 19A, 24, 26, 27, 28, 29, 30, 33, 33A, 35 (2), 37, 38, 39, 46, 47, 48, 61B, 61C, 61D, 61I, 61J, 61JA, 61K, 61M, 63, 65, 66A, 66B, 66C, 66EA, 66F, 67, 68, 71, 73, 78H, 78I, 78K, 78N, 80A, 85A, 86, 87, 90A, 91, 95, 96, 97, 98, 103, 110, 195 (b), 196 (b) or 198 of the Crimes Act 1900, or
(b) an offence under section 79, 106, 107, 109, 111, 112 or 113 of the Crimes Act 1900 if the circumstances of the offence involve an act of actual or threatened violence against a person, or
(c) an offence of attempting to commit an offence referred to in paragraph (a) or (b), or
(d) an offence under the law of the Commonwealth, another State or a Territory or of another country that is similar to an offence referred to in paragraph (a), (b) or (c).
Insert after section 25:
If a magistrate or justice grants bail to a person accused of a serious offence on the accused person’s…