Bail Amendment (Confiscation of Passports) Act 2002 (NSW)

An Act to amend the Bail Act 1978 so as to require bail granted to persons accused of offences occasioning death to be made subject, except in special circumstances, to conditions requiring the giving up of passports held by them.

1Name of Act

This Act is the Bail Amendment (Confiscation of Passports) Act 2002.

2Commencement

This Act commences on the date of assent.

3Amendment of Bail Act 1978 No 161

The Bail Act 1978 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 4 Definitions

Insert in alphabetical order in section 4 (1):

passport has the same meaning as it has in the Migration Act 1958 of the Commonwealth.

[2]Section 36 Conditions of bail

Insert after section 36 (2) (h):

(i)

that the accused person surrender to the authorised officer or court any passport held by the person.

[3]Section 37A

Insert after section 37:

37AConditions concerning surrender of passports(1)

Bail is not to be granted to a person who is accused of an offence occasioning death otherwise than subject to a condition requiring the person to surrender to the authorised officer or court any passport held by the person.

(2)

Despite subsection (1), a court may direct that bail is to be granted without the imposition of such a condition if the accused person satisfies the court that, in the circumstances of the case, the giving of such a direction is justified.