Crimes (Bail) Amendment Act 1978 (NSW)

CRIMES (BAIL) A M E N D M E N T A C T , 1978 ,

N o . 1 6 6

ANNO VICF.SIMO SEPTIMO

ELIZABETHE II REGINE

Act N o . 166 , 1978 .

An Act to amend the Crimes Act 1900, consequent upon the enactment of the Bail Act, 1978. [Assented to, 29th December, 1978.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.      This Act may be cited as the "Crimes (Bail) Amendment

Act, 1 9 7 8 " .

2.       ( 1 ) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on the day appointed and notified under section 2 (2) of the Bail Act, 1 9 7 8 .

3. The Crimes Act 1900 is referred to in this Act as the Principal Act.

4.      This Act contains the following Schedules :—

SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T .

SCHEDULE 2.—SAVINGS AND TRANSITIONAL PROVISIONS.

5 .      The Principal Act is amended in the manner set forth in

Schedule 1 .

6 .      Schedule 2 has effect.

SCHEDULE 1.

A M E N D M E N T S TO THE PRINCIPAL A C T .

(1) Section 1—

Omit "Crimes Act 1900,", insert instead "Crimes Act,

1900".

(2) Section 2 9 4 —

After "instrument,", insert "or gives any bail undertaking, or enters into any agreement or makes any acknowledgment pursuant to a bail condition,".

(3) Section 340—

Omit "may commit him, or admit him to bail,", insert instead "may, subject to the Bail Act, 1978, commit him".

(4) (a ) Section 365 (4) ( c ) —

After "may", insert ", subject to the Bail Act, 1978, commit the accused person to prison or".

(b) Section 365 (4) ( c ) —

Omit "as to admitting the accused person to bail and".

(5) (a) Section 369—

Omit ", and of the accused and his sureties, if any,

(b) Section 369—

Omit "or be tried,".

(6) Section 564—

Omit "of bail".

SCHEDULE 1—continued.

A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(7) Section 565A—

After section 565, inser t :—

565A. The Bail Act, 1978, shall prevail to the extent of

any inconsistency between that Act and this Act.

S C H E D U L E 2.

SAVINGS AND TRANSITIONAL PROVISIONS.

1.  In this Schedule—

"authorised" means duly authorised by a court or person;
"bail" means bail that was authorised or granted before the commence­

ment of this Schedule, so far as it could not have been so
authorised or granted if this Act had then been in force;

"recognizance of bail" means a recognizance that was authorised or entered into before the commencement of this Schedule, so far as it could not have been so authorised or entered into if this Act had then been in force.

2. This Act does not affect bail authorised or granted, or a recognizance

of bail authorised or entered into, under the Principal Act before the

commencement of this Schedule, and for the purposes of or for purposes
connected with any such bail or recognizance of bail this Act and the Bail

Act, 1978, shall be deemed not to have been enacted.

3. Nothing in clause 2 prevents the making of a decision under the Principal Act, as amended by this Act, or the Bail Act, 1978, or the exercise or performance of any power, authority, duty or function there­ under, in respect of an offence or other matter (or any proceedings in connection therewith) to or with which the bail or recognizance of bail referred to in that clause relates or is connected.

4. A committal of a person to prison under the Principal Act before the

commencement of this Schedule shall, while the person remains there after that commencement, be deemed to have been effected under the Principal Act, as amended by this Act.

S C H E D U L E 2—continued.

SAVINGS AND TRANSITIONAL PROVISIONS—continued.

5. The Governor may make regulations containing other provisions of a savings or transitional nature consequent upon the enactment of this Act, and those provisions may, but need not, operate by reference to any pro­ vision of the Bail Act, 1978, and shall have effect notwithstanding anything in clause 2, 3 or 4.

6. A reference in any other Act, or in any regulation, by-law or other statutory instrument or in any other document whether of the same or of a different kind, to the "Crimes Act 1900" or the "Crimes Act of 1900" shall be read and construed as a reference to the "Crimes Act, 1900," or, if that reference is not appropriate, to the "Crimes Act, 1900".