Australian Capital Territory Numbered Acts

BAIL (CONSEQUENTIAL AMENDMENTS) ACT (NO 9 OF 1992)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Bail (Consequential Amendments) Act 1992.  
   3.      Notwithstanding the amendments of—  

   PART II--AMENDMENTS OF THE CRIMES ACT, 1900 OF THE STATE OF NEW SOUTH WALES IN ITS APPLICATION IN THE TERRITORY

   4.      In this Part, “Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its application in the Territory.  
   5.      Section 4 of the Crimes Act is amended by inserting in subsection (1) the following definition:“ ‘bail undertaking' means an undertaking given by a person charged with an offence in order to obtain bail in relation to the offence;”.  
   6.      Section 340 of the Crimes Act is amended—  
   7.      Section 358AI of the Crimes Act is amended—  
   8.      Section 365 of the Crimes Act is amended by omitting from paragraph (4) (c) “enlargement of recognizances” and substituting “variation of bail arrangements”.  
   9.      Section 369 of the Crimes Act is amended—  
   10.     Section 428 of the Crimes Act is amended by omitting from subsection (2) all the words after “either” and substituting “admit the person to bail in accordance with the provisions of the Bail Act 1992 or commit him or her to prison.”.  
   11.     Section 470 of the Crimes Act is amended by omitting from subsection (5) “recognizance” and substituting “bail undertaking”.  
   12.     Section 556C of the Crimes Act is amended—  
   13.     Section 556N of the Crimes Act is amended by omitting from subsection (4) “on such recognizance as it thinks fit, on condition that she or he appears before the Supreme Court at a time and place to be fixed to be dealt with by the Supreme Court in accordance with subsection (1), or may” and substituting “in accordance with the provisions of the Bail Act 1992 or”.  
   14.     Section 564 of the Crimes Act is amended by omitting “, for taking a recognizance of bail, or” and substituting “in relation to bail or for”.  

   PART III--AMENDMENTS OF THE MAGISTRATES COURT ACT 1930

   15.     In this Part, “Principal Act” means the Magistrates Court Act 1930.  
   16.     Section 5 of the Principal Act is amended by inserting in subsection (1) the following definition:“ ‘bail undertaking' means an undertaking given by a person charged with an offence in order to obtain bail in relation to the offence;”.  
   17.     Section 43 of the Principal Act is amended—  
   18.     Section 50 of the Principal Act is repealed.  
   19.     Section 73 of the Principal Act is amended by omitting “, subject to this Act, order her or his discharge upon recognizance” and substituting “admit the defendant to bail in accordance with the provisions of the Bail Act 1992”.  
   20.     Section 77 of the Principal Act is amended by omitting “defendant, witness or other person” and substituting “witness, or person sought to be made a witness”.  
   21.     Section 78 of the Principal Act is amended by omitting “defendant, witness, or other person,” and substituting “witness or person sought to be made a witness”.  
   22.     Section 79 of the Principal Act is amended by inserting “under this Act” after “recognizance” (first occurring).  
   23.     Section 80 of the Principal Act is amended—  
   24.     Section 81 of the Principal Act is repealed.  
   25.     Section 84 of the Principal Act is amended by omitting from subsection (2) all the words after “or may” and substituting “admit the defendant to bail in accordance with the provisions of the Bail Act 1992.”.  
   26.     Section 89A of the Principal Act is amended—  
   27.     The heading to Division 3 of Part VI of the Principal Act is amended by omitting “Bail” and substituting “Recognizances of Witnesses”.  
   28.     Sections 99 to 102 (inclusive) of the Principal Act are repealed.  
   29.     Section 106 of the Principal Act is amended by omitting from subsection (1) “recognizances” and substituting “bail undertakings”.  
   30.     Section 208 of the Principal Act is amended by omitting paragraphs (1) (g) and (ga) and substituting the following word and paragraph:  
   31.     Section 214A of the Principal Act is repealed.  
   32.     Section 216 of the Principal Act is amended—  
   33.     Section 219D of the Principal Act is amended by omitting from paragraph (1) (c) all the words after “cause,” and substituting “grant the appellant bail in accordance with the provisions of the Bail Act 1992; and”.  
   34.     Division 3A of Part XI of the Principal Act is repealed.  
   35.     Section 220 of the Principal Act is repealed.  
   36.     Section 226 of the Principal Act is amended by omitting from subsection (1) all the words after “may” and substituting “admit the person to bail in accordance with the provisions of the Bail Act 1992.”.  
   37.     Part XIIIA of the Principal Act is repealed.  
   38.     Section 250 of the Principal Act is amended by inserting “or the Bail Act 1992” after “Act”.  
   39.     Section 252 of the Principal Act is amended by inserting “or the Bail Act 1992” after “Act”.  
   40.     Section 253 of the Principal Act is amended by inserting “or the Bail Act 1992” after “Act”.  
   41.     Section 254 of the Principal Act is amended—  
   42.     The First Schedule to the Principal Act is amended by omitting Forms 23, 24, 25, 26, 27, 29, 32, 32A, 32B and 77.  

   PART IV--AMENDMENTS OF OTHER ACTS CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

   43.     The Acts specified in the Schedule are amended as set out in the Schedule.  
           SCHEDULE