Bail Amendment Act 2016
No. 1 of 2016
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Bail Act 1977
Division 1—Terrorism related offences
3Definitions
4Refusal of bail except in exceptional circumstances
5Refusal of bail in the case of unacceptable risk
Division 2—Serious offences and failure to answer bail
6Definitions
7Refusal of bail unless accused shows cause why detention in custody is not justified
8Failure to answer bail
Division 3—Children
9Definitions
10New section 3B inserted
11New section 5AA inserted
12Where impracticable to bring person arrested before court
13Court or bail justice to grant or refuse bail
14New section 16B inserted
15Arrest of person released on bail
16Offence to contravene certain conduct conditions
Division 4—Transitional provisions and consequential amendments
17Transitional provisions
18Consequential amendments
Part 3—Amendment of the Children, Youth and Families Act 2005
19Definitions
20Section 345 substituted
21Restriction on publication of proceedings
22Consequential amendments
Part 4—Repeal
23Repeal of amending Act
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Endnotes
1 General information
Bail Amendment Act 2016
No. 1 of 2016
[Assented to 16 February 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Bail Act 1977 in relation to—
(i)certain terrorism related offences; and
(ii)serious offences; and
(iii)failure to answer bail; and
(iv)children; and
(b)to amend the Children, Youth and Families Act 2005 in relation to—
(i)the commencement of criminal proceedings against children; and
(ii)the suppression of youth offending information; and
(c)to make consequential amendments to certain Acts.
2Commencement
(1)This Part comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (4), Division 1 of Part 2 comes into operation on a day to be proclaimed.
(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision of this Act does not come into operation before 5 December 2016, it comes into operation on that day.
Part 2—Amendment of the Bail Act 1977
Division 1—Terrorism related offences
3Definitions
In section 3 of the Bail Act 1977 insert the following definitions—
"terrorist act has the same meaning as in the Terrorism (Community Protection) Act 2003;
terrorist organisation means an organisation that is directly or indirectly—
(a)engaged in; or
(b)preparing for; or
(c)planning; or
(d)assisting in; or
(e)fostering—
the doing of a terrorist act;".
4Refusal of bail except in exceptional circumstances
After section 4(2)(aa) of the Bail Act 1977 insert—
"(b)in the case of a person charged with an offence under section 4B(1) or 21W of the Terrorism (Community Protection) Act 2003 unless the court is satisfied that exceptional circumstances exist which justify the grant of bail;".
5Refusal of bail in the case of unacceptable risk
After section 4(3)(b) of the Bail Act 1977 insert—
"(ba)whether the accused has expressed publicly support for—
(i)a terrorist act or a terrorist organisation; or
(ii)the provision of resources to a terrorist organisation;".
Division 2—Serious offences and failure to…