Bail Amendment (Terrorism) Act 2004 (NSW)

An Act to amend the Bail Act 1978 with respect to the grant of bail to persons charged with certain terrorism offences, and for other purposes.

1Name of Act

This Act is the Bail Amendment (Terrorism) Act 2004.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Bail Act 1978 No 161

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

Schedule 1Amendments

(Section 3)

[1]Part 2, Division 2A, heading

Omit “drug”.

[2]Section 8A Presumption against bail for certain offences

Insert at the end of section 8A (1) (b):

•

, and

(c)

to offences under Division 101, 102 or 103 of the Criminal Code of the Commonwealth.

[3]Schedule 1 Savings and transitional provisions

Insert in appropriate order with appropriate Part and clause number:

PartBail Amendment (Terrorism) Act 2004Bail Amendment (Terrorism) Act 2004(1)

Section 8A, as amended by the Bail Amendment (Terrorism) Act 2004, extends to a grant of bail to a person in respect of an offence committed before the commencement of that amendment, whether the person was charged with that offence before or after that commencement.

(2)

The operation of this clause extends to a review under Part 6 of this Act of a bail decision made before that commencement.