Bail Variation Regulations 2016 (SA)
South Australia
Bail Variation Regulations 2016
under the Bail Act 1985
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Bail Regulations 2015
4 Variation of regulation 4—Forms
5 Variation of Schedule 1—Forms
Part 1—Preliminary
1—Short title
These regulations may be cited as the Bail Variation Regulations 2016.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Bail Regulations 2015
4—Variation of regulation 4—Forms
Regulation 4(3)—delete "not required to be used if the bail authority providing the written reasons is a judge of the Supreme Court or the District Court" and substitute:
required to be used only if the bail authority providing the written reasons is a police officer
5—Variation of Schedule 1—Forms
Schedule 1, Form 2—delete the form and substitute:
Form 2—Written record of reasons for refusal of bail application
Bail Act 1985
(section 12)
Bail applicant (insert full name):
1In refusing bail, the following offences were taken into consideration:
2It is likely that the applicant would abscond if released on bail for the following reasons (provide relevant details):
(a)history of prior breaches of bail:
(b)lack of fixed address:
(c)lack of social or other ties:
(d)any other reason:
3It is likely that the applicant would offend again if released on bail for the following reasons (provide relevant details):
(a)prior offences:
(b)other reasons that make the applicant likely to re‑offend:
4There is a presumption against bail under section 10A of the Bail Act 1985 in relation to which the applicant has not established—
(a)the existence of special circumstances justifying his or her release on bail (provide relevant details); or
(b)in the case of a serious and organised crime suspect—a lack of prior conviction for a serious and organised crime offence (including such an offence in another jurisdiction) (provide relevant details):
5Other reasons for refusing bail are (eg: interference with evidence or witnesses, hindering police enquiries etc):
Bail Authority (include surname, rank and police identification number):
Bail authority's signature:
Date:
Time:
Note—
The applicant must be given a copy of this form
Acknowledgment of receipt
I acknowledge that I have been provided with a copy of the reasons for the refusal of my application to be released on bail.
Applicant's signature:
Date:
Time:
Schedule 1, Form 10—delete the form and substitute:
Form 10—Written record of reasons—section 11(1c)
Bail Act 1985
(section 11(1c))
Bail applicant:1 [insert full name]
Condition of bail to be varied or revoked:
Details of variation if condition is to be varied: [specify as required]
The condition/s* of bail under section 11(1) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons]
Bail Authority (include surname, rank and police identification number):
Signature of bail authority:
Date:
Time:
*Strike out whichever does not apply.
Notes—
1Section 11(1) of the Act provides that every grant of bail is subject to a condition prohibiting the applicant from possessing a firearm, ammunition or any part of a firearm and a condition requiring the applicant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.
2Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(1) of the Act if satisfied that—
•there are cogent reasons to do so; and
•the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.
3Section 11(1c) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision.
Schedule 1, Form 11—delete the form and substitute:
Form 11—Written record of reasons—section 11(2ad)
Bail Act 1985
(section 11(2ad))
Bail applicant:1 [insert full name]
Condition of bail to be varied or revoked:
Details of variation if condition is to be varied: [specify as required]
The condition/s* of bail under section 11(2ab) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons]
Bail Authority (include surname, rank and police identification number):
Signature of bail authority:
Date:
Time:
*Strike out whichever does not apply.
Notes—
1Section 11(2ab) of the Act provides that every grant of bail in relation to a person who is a class 1 or class 2 offence suspect is subject to a condition prohibiting the applicant from engaging in or applying for child‑related work (within the meaning of the Child Sex Offenders Registration Act 2006).
2Section 11(2ac) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(2ab) of the Act if satisfied that—
•there are cogent reasons to do so; and
•the person engaging in child‑related work will not pose a risk to the safety and well‑being of children.
3Section 11(2ad) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 12 May 2016
No 30 of 2016
AGO0059/16CS
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