Bail Amendment (Bail Eligibility Information) Regulation 2014 (NSW)

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New South Wales

Bail Amendment (Bail Eligibility Information)

Regulation 2014

under the

Bail Act 2013

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Bail Act 2013.

BRAD HAZZARD, MP

Attorney General

Explanatory note
The object of this Regulation is to change the information about a person’s eligibility for bail that is required to be given to a person in police custody who has been charged with an offence, as a result of amendments to be made to the Bail Act 2013 by the Bail Amendment Act 2014.

This Regulation is made under the Bail Act 2013, including sections 44 (Bail decision to be made after person is charged) and 98 (the general regulation-making power).

Bail Amendment (Bail Eligibility Information) Regulation 2014 [NSW]

Bail Amendment (Bail Eligibility Information) Regulation 2014

under the

Bail Act 2013

1      Name of Regulation

This Regulation is the Bail Amendment (Bail Eligibility Information) Regulation
2014.

2      Commencement

This Regulation commences on the day on which Schedule 1 [6] to the Bail Amendment Act 2014 commences and is required to be published on the NSW legislation website.

3 Amendment of Bail Regulation 2014

(1) Clause 10 Bail eligibility information

Omit “there are unacceptable risks” from clause 10 (1) (a).

Insert instead “a show cause requirement applies or there is an unacceptable risk”.

(2) Clause 10 (1) (a1)
Insert after clause 10 (1) (a):

(a1)

if a show cause requirement applies to the offence or offences with which the person has been charged—information to the effect that there is a requirement for the accused to show cause as to why detention is not justified,

(3) Clause 10 (1) (c)
Insert “no” before “unacceptable”.
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