Bail Amendment (Authorised Justices) Regulation 2009 (NSW)

2009 No 230

New South Wales

Bail Amendment (Authorised Justices)

Regulation 2009

under the

Bail Act 1978

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Bail Act 1978.

JOHN HATZISTERGOS, MLC

Attorney General

Explanatory note
The object of this Regulation is to prescribe certain persons as authorised justices, but only for the purpose of allowing those persons to carry out certain functions relating to the giving of bail undertakings.

This Regulation is made under the Bail Act 1978, including the definition of authorised justice in section 4 (1) and section 69 (the general regulation-making power).

Published LW 12 June 2009	Page 1
2009 No 230
Clause 1	Bail Amendment (Authorised Justices) Regulation 2009

Bail Amendment (Authorised Justices) Regulation 2009

under the

Bail Act 1978

1      Name of Regulation

This Regulation is the Bail Amendment (Authorised Justices)
Regulation 2009.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

2009 No 230

Bail Amendment (Authorised Justices) Regulation 2009

Amendment of Bail Regulation 2008	Schedule 1
Schedule 1	Amendment of Bail Regulation 2008

Clause 11A

Insert after clause 11:

11A	Giving of bail undertakings to an authorised justice
(1) For the purposes of the definition of authorised justice in section 4 (1) of the Act, the following are prescribed:

(a)

a centre manager (within the meaning of the Children (Detention Centres) Act 1987) or an assistant manager of a detention centre (within the meaning of that Act),

(b)

any member of staff of the Department of Juvenile Justice who is a justice of the peace (within the meaning of the Justices of the Peace Act 2002).

(2)

A person referred to in subsection (1) is prescribed as an
authorised justice for the following purposes only:

(a)	section 35 of the Act,
(b)	sections 36, 39, 39B, 40, 41 and 54 of the Act in so far as those sections relate to the exercising of functions by a person:

(i)      to whom a bail undertaking is given, or

(ii)      who receives or is given an acknowledgement or deposit of security or money pursuant to a bail condition.