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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bail Amendment (Lifetime Parole)
Bill 2006
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 ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Bail Amendment (Lifetime Parole)
Bill 2006
Act No , 2006
An Act to amend the Bail Act 1978 to provide for a presumption against bail for
persons on lifetime parole charged with offences carrying a penalty of imprisonment.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Bail Amendment (Lifetime Parole) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Bail Amendment (Lifetime Parole) Act 2006.
2 Commencement
This Act commences on the date of assent to this Act.
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(1) This Act is repealed on the day following the day on which this Act
commences.
(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 (Lifetime Parole) Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 8E
Insert after section 8D:
8E Presumption against bail for persons on lifetime parole who
commit offences carrying prison terms
(1) This section applies to an accused person if:
(a) the person is accused of an offence for which a penalty of
imprisonment may be imposed, and
(b) the person is serving a sentence of imprisonment for life
and is on parole.
(2) The accused person is not to be granted bail unless the person
satisfies the authorised officer or court that bail should not be
refused.
(3) The requirement for bail cannot be dispensed with for the
accused person and section 10 (2) does not apply with respect to
any such offence.
(4) Section 8 does not apply to an accused person to whom this
section applies.
(5) This section does not apply to an accused person to whom section
9C (Murder) applies.
[2] Section 9 Presumption in favour of bail for certain offences
Insert "or 8E" after "section 8C" in section 9 (1AA).
[3] Section 9D Repeat offenders--serious personal violence offences
Insert ", 8E" after "Sections 8C" in section 9D (3).
[4] Section 32 Criteria to be considered in bail applications
Insert "or 8E" after "section 8C" in section 32 (6).
[5] Section 38 Reasons to be recorded
Insert "or an accused person to whom section 8E applies" after "9D applies"
in section 38 (1A).
Page 3
Bail Amendment (Lifetime Parole) Bill 2006
Schedule 1 Amendments
[6] Schedule 1 Savings and transitional provisions
Insert after Part 16:
Part 17 Bail Amendment (Lifetime Parole) Act 2006
34 Persons charged with offences before commencement of Bail
Amendment (Lifetime Parole) Act 2006
(1) Section 8E, as inserted by the Bail Amendment (Lifetime Parole)
Act 2006, extends to a grant of bail in respect of an offence
alleged to have been committed before the commencement of
that section, whether the person was charged with the offence
before or after that commencement.
(2) The operation of this clause extends to a review under Part 6 of
this Act of a bail decision made before that commencement.
Page 4
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