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 insertedAfter 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.".