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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bail Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Bail Act 1978 No 161 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2007
New South Wales
Bail Amendment Bill 2007
Act No , 2007
An Act to amend the Bail Act 1978 to make further provision with respect to bail for
accused persons.
Clause 1 Bail Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Bail Amendment Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Bail Act 1978 No 161
The Bail Act 1978 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Bail Amendment Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 8B Presumption against bail for serious firearms and weapons
offences
Omit "51B or 51BB" from section 8B (1) (c).
Insert instead "44A, 51B, 51BB or 62".
[2] Section 9D Repeat offenders--serious personal violence offences
Omit "195 (b), 196 (b)" from paragraph (a) of the definition of serious
personal violence offence in section 9D (4).
Insert instead "195 (1) (b) or (2) (b), 196 (1) (b) or (2) (b)".
[3] Sections 22 and 22A
Omit the sections. Insert instead:
22 General provisions as to court bail
(1) An application to a court in relation to bail is to be dealt with as
soon as reasonably practicable.
(2) The regulations may make provision for or with respect to the
manner of making applications to courts in relation to bail.
22A Power to refuse to hear bail application
(1) A court is to refuse to entertain an application for bail by a person
accused of an offence if an application by the person in relation
to that bail has already been made and dealt with by a court,
unless:
(a) the person was not legally represented when the previous
application was dealt with, and the person now has legal
representation, or
(b) the court is satisfied that new facts or circumstances have
arisen since the previous application that justify the
making of another application.
(2) A court may refuse to entertain an application in relation to bail
if it is satisfied that the application is frivolous or vexatious.
(3) The Supreme Court may refuse to entertain an application in
relation to bail if the bail application comprises a bail condition
review that could be dealt with under section 48A by a magistrate
or authorised justice or the District Court.
Page 3
Bail Amendment Bill 2007
Schedule 1 Amendments
(4) Except as provided by subsection (3), this section does not affect
the power of a court to review a decision in relation to bail under
Division 2 of Part 6 or the right of a person to request such a
review.
(5) If a court has previously dealt with an application for bail for a
person accused of an offence, a further application to a court for
bail in relation to that offence may not be made by a lawyer on
behalf of that person, unless the lawyer is satisfied that:
(a) the person was not legally represented when the previous
application was dealt with, or
(b) new facts or circumstances have arisen since the previous
application that justify the making of another application.
(6) In this section, a reference to a court does not include a reference
to an authorised justice exercising the functions of a court.
[4] Schedule 1 Savings and transitional provisions
Insert after Part 18:
Part 19 Bail Amendment Act 2007
36 Persons charged with firearms offences before commencement of
Bail Amendment Act 2007
The amendment made to section 8B by the Bail Amendment Act
2007 extends to a grant of bail to a person in respect of an offence
committed before the commencement of that amendment, but
only if the person is charged with the offence on or after that
commencement.
Page 4
Bail Amendment Bill 2007
Amendments Schedule 1
37 Limit on bail applications
The amendments made to sections 22 and 22A by the Bail
Amendment Act 2007 extend to an application in relation to bail
made by or on behalf of a person in a case where an application
in relation to that bail has already been made by or on behalf of
the person and dealt with by a court before the commencement of
the amendments.
Page 5
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