New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 8A

8A Presumption against bail for certain offences

(1) This section applies:

(a) to the following offences under the Drug Misuse and Trafficking Act 1985 :

(i) an offence under section 23 (1A), 23 (2), 23A (2), 23A (3), 24 (2), 24 (2A) or 25 (2) of that Act,

(ii) an offence under section 26 of that Act of conspiring to commit an offence referred to in subparagraph (i),

(iii) an offence under section 27 of that Act of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in subparagraph (i),

(iv) an offence under section 28 of that Act of conspiring to commit, or of aiding, abetting, counselling or procuring the commission of, an offence under the provisions of a law in force outside New South Wales which corresponds to section 23 (1A), 23 (2), 23A (2), 23A (3), 24 (2), 24 (2A) or 25 (2) of that Act, and

(b) to an offence under section 302.2, 303.4, 304.1, 305.3, 307.1, 307.5 or 307.8 of the Criminal Code of the Commonwealth, or an offence under Division 11 of Part 2.4 of the Criminal Code of the Commonwealth where that offence relates to any of the specified sections, and

(b1) to an offence under section 302.3, 302.4, 303.5, 303.6, 304.2, 304.3, 305.4, 305.5, 306.2, 306.3, 306.4, 307.2, 307.3, 307.6, 307.9, 307.11, 307.12, 307.13, 309.2, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 or 309.15 of the Criminal Code of the Commonwealth, or an offence under Division 11 of Part 2.4 of the Criminal Code of the Commonwealth where that offence relates to any of the specified sections, but only if the goods or substances concerned are alleged to be of a nature and quantity required for an offence referred to in paragraph (a), and

(c) to offences under Division 101, 102 or 103 of the Criminal Code of the Commonwealth.

(2) A person accused of an offence to which this section applies 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 a person accused of an offence to which this section applies and section 10 (2) does not apply with respect to any such offence.