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Schedule 1—Restrictions on bail and parole

Schedule 1 Restrictions on bail and parole

Part 1 Amendments

Crimes Act 1914

1  Subsection 15AA(1)

Omit “(the defendant ) charged with, or convicted of, an offence covered by subsection (2)”, substitute “covered by subsection (2) or (2A), in relation to an offence against a law of the Commonwealth,”.

2  At the end of subsection 15AA(1)

Add:

Note:          For persons under 18 years of age, see subsection (3AA).

Persons covered by this section

3  Subsection 15AA(2)

Omit “covers:”, substitute “covers a person (the defendant ) charged with, or convicted of, any of the following offences:”.

4  Paragraph 15AA(2)(a)

Repeal the paragraph, substitute:

                     (a)  a terrorism offence;

5  Subparagraphs 15AA(2)(b)(ii) and (c)(ii)

Omit “and”.

6  Paragraph 15AA(2)(d)

Omit “; and”, substitute “;”.

7  After subsection 15AA(2)

Insert:

          (2A)  This subsection covers the following persons:

                     (a)  a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism);

                     (b)  a person who the bail authority is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.

8  Subsection 15AA(3A)

Repeal the subsection, substitute:

Determining exceptional circumstances in relation to persons under 18 years of age

       (3AA)  In determining whether exceptional circumstances exist to justify granting bail to a person who is under 18 years of age, without limiting the matters the bail authority may have regard to, the bail authority must have regard to:

                     (a)  the protection of the community as the paramount consideration; and

                     (b)  the best interests of the person as a primary consideration.

Appealing decisions of bail authority

          (3A)  Despite any law of the Commonwealth, the Director of Public Prosecutions, or a person covered by subsection (2) or (2A), may appeal against a decision of a bail authority:

                     (a)  to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is satisfied that exceptional circumstances exist; or

                     (b)  to refuse to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is not satisfied that exceptional circumstances exist.

9  Before subsection 15AA(3C)

Insert:

Staying decisions to grant bail if decision appealed

10  Paragraph 15AA(3C)(a)

Omit “charged with or convicted of an offence covered by subsection (2)”, substitute “covered by subsection (2) or (2A)”.

11  Subsection 15AA(4)

Repeal the subsection, substitute:

Relationship with laws of States and Territories

             (4)  To avoid doubt, except as provided by subsections (1), (3AA), (3A), (3B), (3C) and (3D), this section does not affect the operation of a law of a State or a Territory.

Note:          These provisions indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903 .

12  Before subsection 15AA(5)

Insert:

Definitions

13  After subsection 19AG(4)

Insert:

Fixing non-parole periods for persons under 18 years of age

          (4A)  In imposing a sentence for an offence covered by this section on a person who is under 18 years of age, the court must comply with subsection (2) unless the court is satisfied that exceptional circumstances exist to justify fixing a shorter single non-parole period.

          (4B)  In determining whether exceptional circumstances exist to justify fixing a shorter single non-parole period in relation to the person, without limiting the matters the court may have regard to, the court must have regard to:

                     (a)  the protection of the community as the paramount consideration; and

                     (b)  the best interests of the person as a primary consideration.

Relationship with sections 19AB, 19AC, 19AD, 19AE and 19AR

14  Subsection 19AL(1) (note)

Omit “Note”, substitute “Note 1”.

15  At the end of subsection 19AL(1)

Add:

Note 2:       See also sections 19ALA (matters that may be considered in decisions about parole orders) and 19ALB (decisions about parole orders—terrorism and control orders).

16  After section 19ALA

Insert:

19ALB   Decisions about parole orders—terrorism and control orders

             (1)  Despite any law of the Commonwealth, the Attorney-General must not make a parole order in relation to a person covered by subsection (2) unless the Attorney-General is satisfied that exceptional circumstances exist to justify making a parole order.

             (2)  This subsection covers the following persons:

                     (a)  a person who has been convicted of a terrorism offence, including a person currently serving a sentence for a terrorism offence;

                     (b)  a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism);

                     (c)  a person who the Attorney-General is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.

Determining exceptional circumstances in relation to persons under 18 years of age

             (3)  In determining whether exceptional circumstances exist to justify making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney-General may have regard to, the Attorney-General must have regard to:

                     (a)  the protection of the community as the paramount consideration; and

                     (b)  the best interests of the person as a primary consideration.

Part 2 Application of amendments

17  Application—previous offences and activities

            The amendments of the Crimes Act 1914 made by Part 1 of this Schedule apply in relation to a decision in relation to bail or parole made on or after the commencement of this item (whether the decision applies to a person because of an offence, control order or action committed, made or undertaken before, on or after that commencement).