Bail Amendment Act 2004
A2004-14
Contents
Page
Name of Act 2
Commencement 2
Legislation amended 2
Interpretation Section 3 (3) 2
Part 2 3
Dispensing with bail
Section 10 (5) (a) and (b) 13
Grant of bail by authorised officers Section 14 (2) 13
Determination of questions of bail by authorised officers
Section 15 (3) (b) 14
General provisions relating to court bail
Section 19 (5) (b) 14
Section 20 14
Sections 22, 23 and 23A 15
Conditions on which bail may be granted to adults Section 25 (1) 17
New section 25 (2) (da) 18
Section 25 (2) 19
Section 25 (5) 19
Section 25 (7) 19
Section 25 19
Conditions on which bail may be granted to children
Section 26 (1) 19
Section 26 (3) (a) (ii) 20
Section 26 20
Notice to victim of bail decisions
Section 27A 20
Section 28 21
Sections 31 and 32 21
Continuation of bail and undertakings
Section 33 (2), new note 23
Section 33 (3) to (6) 23
Warning to person making acknowledgment Section 35 24
Section 36 24
Section 37 25
New section 41A 26
Section 42 26
Power of Supreme Court to review
Section 43 (1) 27
Power of Supreme Court to review
New section 43 (1A) 27
General limitation on power of court to review
Section 44 27
Miscellaneous Division 6.3 27
New section 47A 28
False statements in acknowledgments
Section 50 28
Section 56 28
New sections 56A and 56B 29
Approved forms
Section 58 (3) 30
Regulation-making power
Section 59 30
New section 59 (2) 31
Dictionary, new definition of accused person 31
Schedule 1 32
Schedule 1, part 1.1, new items 1A and 1B 33
Schedule 1Technical amendments 34
Schedule 2Other amendments 40
Part 2.1Crimes Act 1900 40
Part 2.2Magistrates Court Act 1930 40
Part 2.3Mental Health (Treatment and Care) Act 1994 42
Bail Amendment Act 2004
A2004-14
An Act to amend the Bail Act 1992, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Bail Amendment Act 2004.
Commencement
This Act (other than section 44) commences 3 months after its notification day.
Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Section 44 commences—
(a)if the Crimes (Industrial Manslaughter) Amendment Act 2003 has commenced before the remainder of this Act commences—on the commencement of the remainder of this Act; and
(b)otherwise—on the commencement of the Crimes (Industrial Manslaughter) Amendment Act 2003.
If the Crimes (Industrial Manslaughter) Amendment Act 2003 has not commenced within 6 months beginning on the day the remainder of this Act commences, section 44 expires at the end of that period.
Legislation amended
This Act amends the Bail Act 1992.
NoteThis Act also amends the following legislation (see sch 2):
· Crimes Act 1900
· Magistrates Court Act 1930
· Mental Health (Treatment and Care) Act 1994.