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BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 5 New section 3A inserted

BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 5

New section 3A inserted

After section 3 of the Bail Act 1977 insert

        " 3A     Determination in relation to an Aboriginal person

In making a determination under this Act in relation to an Aboriginal person, a court must take into account (in addition to any other requirements of this Act) any issues that arise due to the person's Aboriginality, including—

        (a)     the person's cultural background, including     the person's ties to extended family or place; and

        (b)     any other relevant cultural issue or obligation.

Note

When considering bail for an Aboriginal person charged with a Commonwealth offence, a court must have regard to section 15AB(1)(b) of the Crimes Act 1914 of the Commonwealth.".