Evidence (Audio and Audio Visual Links) Further Amendment (Bail Matters) Regulation 2012 (NSW)

2012 No 603

New South Wales

Evidence (Audio and Audio Visual

Links) Further Amendment (Bail

Matters) Regulation 2012

under the

Evidence (Audio and Audio Visual Links) Act 1998

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Evidence (Audio and Audio Visual Links) Act 1998.

GREG SMITH, MP

Attorney General

Explanatory note
In most cases, an accused detainee who is charged with an offence is required to appear physically before a court in first appearance bail proceedings. However, section 5BA (2) of the Evidence (Audio and Audio Visual Links) Act 1998 provides an exemption from this requirement in respect of bail proceedings that occur during a weekend or on a public holiday or that relate to an accused detainee who is being held in custody at a place prescribed by the regulations.

The object of this Regulation is to provide that an accused detainee who is being held at the police cells at Penrith Police Station or certain specified juvenile detention centres on any of the days of the 2012–2013 Christmas holiday period (that is, 24 December 2012 to 4 January 2013) that do not occur on a weekend or on a public holiday will be exempt from the requirement to appear physically before the court in bail proceedings occurring on those days. This Regulation is made under the Evidence (Audio and Audio Visual Links) Act 1998, including sections 5BA (2) and 22 (the general regulation-making power).

Published LW 7 December 2012	Page 1
2012 No 603	Evidence (Audio and Audio Visual Links) Further Amendment (Bail Matters)
Clause 1	Regulation 2012

Evidence (Audio and Audio Visual Links) Further

Amendment (Bail Matters) Regulation 2012

under the

Evidence (Audio and Audio Visual Links) Act 1998

1      Name of Regulation

This Regulation is the Evidence (Audio and Audio Visual Links) Further
Amendment (Bail Matters) Regulation 2012.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

3 Amendment of Evidence (Audio and Audio Visual Links) Regulation 2010

(1) Clause 5 Exemption from requirement to appear physically in bail
proceedings during 2012–2013 Christmas holiday period

Omit “Werrington” from clause 5 (1) (c). Insert instead “St Marys”.

(2)	Clause 5 (2)
Omit the subclause. Insert instead:

(2)

Subclause (1) has effect only in relation to the following

dates:

(a)	24, 27, 28 or 31 December 2012,
(b)	2, 3 or 4 January 2013.