Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15AB

             (1)  In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth, or in determining conditions to which bail granted to such a person should be subject, a bail authority:

                     (a)  must take into consideration the potential impact of granting bail on:

                              (i)  any person against whom the offence is, or was, alleged to have been committed; and

                             (ii)  any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and

                     (b)  must not take into consideration any form of customary law or cultural practice as a reason for:

                              (i)  excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or

                             (ii)  aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.

             (2)  If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.

             (3)  In paragraph (1)(b):

"criminal behaviour" includes:

                     (a)  any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

                     (b)  any fault element relating to such a physical element.

             (4)  To avoid doubt, except as provided by subsections (1) and (2), this section does not affect:

                     (a)  any other matters that a bail authority must, must not or may take into consideration in determining whether to grant bail or in determining conditions to which bail should be subject; or

                     (b)  the operation of a law of a State or a Territory.

Note:          Subsections (1) and (2) indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903 .