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National Security Legislation Amendment Bill 2010

Schedule 6 Amendments relating to bail

   

Crimes Act 1914

1  After subsection 15AA(3)

Insert:

          (3A)  Despite any law of the Commonwealth, the Director of Public Prosecutions or the defendant may appeal against a decision of a bail authority:

                     (a)  to grant bail to a person charged with or convicted of an offence covered by subsection (2) on the basis that the bail authority is satisfied that exceptional circumstances exist; or

                     (b)  to refuse to grant bail to a person charged with or convicted of an offence covered by subsection (2) on the basis that the bail authority is not satisfied that exceptional circumstances exist.

          (3B)  An appeal under subsection (3A):

                     (a)  may be made to a court that would ordinarily have jurisdiction to hear and determine appeals (however described) from directions, orders or judgments of the bail authority referred to in subsection (3A), whether the jurisdiction is in respect of appeals relating to bail or appeals relating to other matters; and

                     (b)  is to be made in accordance with the rules or procedures (if any) applicable under a law of the Commonwealth, a State or a Territory in relation to the exercise of such jurisdiction.

          (3C)  If:

                     (a)  a bail authority decides to grant bail to a person charged with or convicted of an offence covered by subsection (2); and

                     (b)  immediately after the decision is made, the Director of Public Prosecutions notifies the bail authority that he or she intends to appeal against the decision under subsection (3A);

the decision to grant bail is stayed with effect from the time of the notification.

          (3D)  A stay under subsection (3C) ends:

                     (a)  when a decision on the appeal is made; or

                     (b)  when the Director of Public Prosecutions notifies:

                              (i)  the bail authority; or

                             (ii)  if an appeal has already been instituted in a court—the court;

                            that he or she does not intend to proceed with the appeal; or

                     (c)  72 hours after the stay comes into effect;

whichever occurs first.

2  Subsection 15AA(4)

Omit “subsection (1)”, substitute “subsections (1), (3A), (3B), (3C) and (3D)”.

3  Subsection 15AA(4) (note)

Omit “Subsection (1) indirectly affects laws of the States and Territories because it affects”, substitute “These provisions indirectly affect laws of the States and Territories because they affect”.

4  Application

The amendments made by this Schedule apply on and after the commencement of this Schedule to:

                     (a)  a proceeding relating to bail initiated on or after that commencement; and

                     (b)  a proceeding relating to bail initiated before commencement, but only to the parts of the proceeding that occur after that commencement.