Bail Amendment Regulations 1999 (WA)

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7 March 20001 GOVERNMENT GAZETTE, WA 1039

JM301*

Bail Act 1982

These regulations come into operation on the day on which
Parts 2, 3 and 5, other than section 12, of the Bail Amendment
Act 1998 come into operation.

Bail Amendment Regulations 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Bail Amendment
Regulations 1999.

2.            Commencement

1040 GOVERNMENT GAZETTE, WA 17 March 2000

3.           Schedule amended

The Schedule to the Bail Regulations 1988* is amended as
follows: 

(a) in Form 1 in paragraph 3 by deleting "except where the

arrest is made under a warrant or for the offence of murder or wilful murder." and inserting instead -

except -

(a) for the offence of murder or wilful murder;
(b) where the arrest is made under a warrant;

(c)

where the arrest is made in an urban area (as defined) for a serious offence (as defined) alleged to have been committed while you were -

(1) on bail for another serious offence; or

(ii) at liberty under an early release order in

respect of another serious offence;

or

(d)

for an offence that involves breach of a violence restraining order.

(b) in Form 1 in paragraph 3 by deleting "except for the

offence of murder or wilful murder." and inserting

instead -

except -

(a) for the offence of murder or wilful murder;

(b)

where the arrest is made in an urban area (as defined) for a serious offence (as defined) alleged to have been committed while you were -

(I) on bail for another serious offence; or

(ii) at liberty under an early release order in

respect of another serious offence;

or

(c)

for an offence that involves breach of a violence restraining order.

(c) in Form 5 by deleting paragraph 5A(a) and inserting

instead -

(a) the defendant is charged with a serious offence (as

defined) committed while -

(1) on bail for another serious offence; or

(ii) at liberty under an early release order in

respect of another serious offence;

7 March 20001 GOVERNMENT GAZETTE, WA 1041

(d)

in Form 7 in paragraph 2 by inserting below "undertaking." —

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If you fail to comply with a condition set out in your undertaking imposed for the purposes mentioned in clause 2(2)(c) or (d) of Part D of Schedule 1 to the Act you

commit an offence. The penalty for the offence is a fine of

up to $10 000 or imprisonment for up to 3 years, or both.

(e)

in Form 7 in paragraph 5 by deleting "$3 000" and inserting instead —

$10000 ".

[* Published in Gazette 30 December 1988, pp. 5043-80.

For amendments to 25 November 1999 see 1998 Index to

Legislation of Western Australia, Table 4, p. 24.]

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

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