Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Technical amendments
(see s 3)
[1.1] Sections 1 and 3
substitute
1 Name of Act
This Act is the Bail Act 1992 .
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere.
For example, the signpost definition ‘ domestic violence offence—"see" the Crimes Act 1900 , dictionary.' means that the term ‘domestic violence offence' is defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
This amendment also adds a standard dictionary provision consequential on the insertion of a new dictionary by another amendment.
The definitions in section 3 (1) are inserted into the new dictionary. The substance of section 3 (4) and (5) has been included in definitions. Section 3 (2) has been amended and included in the new dictionary in another amendment. Section 3 (3) has been omitted as the expression entering into a bail condition is no longer used.
This amendment also adds a standard provision about the legal status of notes.
[1.2] Section 4
substitute
4 Act applies to children
This Act applies to a person whether or not the person is an adult.
Explanatory note
This amendment updates language. Adult is defined in the Legislation Act, dictionary, part 1.
[1.3] Section 30 (4), note
substitute
Note 1 For how documents may be served, see Legislation Act, pt 19.5.
Note 2 If a form is approved under s 58 for a notice, the form must be used.
Explanatory note
This amendment is consequential on the following amendment and inserts a standard note about the service of documents.
[1.4] Section 30 (5) and (6)
omit
Explanatory note
This amendment omits provisions made unnecessary by the service provisions of the Legislation Act.
[1.5] Section 30
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment is consequential on the previous amendment.
omit
or the Bail (Consequential Amendments) Act 1992 ,
Explanatory note
This amendment omits an obsolete reference to transitional provisions.
substitute
(2) This Act does not affect the Bill of Rights 1688 1 Will and Mary sess 2 c 2.
Explanatory note
This amendment updates language and omits an obsolete reference to the Imperial Acts Application Act 1986 .
insert
Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Act (see s 7)
• adult
• child
• Chief Magistrate
• chief police officer
• director of corrective services
• domestic partner (see s 169 (1))
• indictable offence (see s 190 (1))
• judge
• magistrate
• Magistrates Court
• mental health tribunal
• penalty unit (see s 133)
• police officer
• public trustee
• State
• Supreme Court
• the Territory.
"appeal "includes an application for leave to appeal and an appeal proceeding.
"applicable bail criteria", for a decision about bail, means criteria under any of the following provisions applying to the decision:
(a) section 9D (Bail for serious offence committed while charge for another is pending or outstanding);
(b) section 9F (Domestic violence offence—bail by authorised officer);
(c) section 22 (Criteria for granting bail to adults);
(d) section 23 (Criteria for granting bail to children).
"authorised officer "means—
(a) the chief police officer; or
(b) a police officer exercising the functions of a superintendent or sergeant; or
(c) another police officer authorised in writing by the chief police officer.
"bail" means an authorisation granted to a person under this Act to be at liberty.
"bail condition" means a condition on which bail is granted.
"child", of a person, includes a child—
(a) who normally or regularly lives with the person; or
(b) of whom the person is a guardian.
"court" means the Supreme Court or Magistrates Court.
"domestic violence offence"—see the Crimes Act 1900 , dictionary.
"grant", in relation to bail (other than in section 22 (Criteria for granting bail to adults) or section 23 (Criteria for granting bail to children)), includes continue.
"offence "includes—
(a) an alleged offence; and
(b) except for sections 8 (1) (a) and 9 (1)—
(i) a breach of the peace or an apprehended breach of the peace; and
(ii) breach of a recognisance or an order mentioned in section 8A (1).
"relevant person—"see the Crimes Act 1900 , dictionary.
"surety", in relation to an accused person, means a person other than the accused person who is subject to a liability under a bail condition mentioned in section 25 (1).
"undertaking to appear "means an undertaking given under section 28 (1).
"victim "in relation to an accused person, means—
(a) a person (the primary victim ) who suffers harm—
(i) in the course of, or because of, the commission of an offence of which the accused person is accused; or
(ii) in the course of assisting a police officer in the exercise of the officer's power to arrest the accused person or to take action to prevent the commission of an offence of which the accused person is accused; or
(b) if a primary victim dies because of the commission of an offence of which the accused person is accused—anyone who was financially or psychologically dependent on the primary victim immediately before his or her death.
Explanatory note
This amendment inserts a dictionary that incorporates all the definitions currently in section 3 (Interpretation) that are still needed. The definitions have, where necessary, been revised to bring them more closely into line with current drafting practice and, if there are equivalent definitions in the Crimes Act 1900 , been signposted to that Act.
The definition of clerk is no longer needed.
The definition of judge is unnecessary because the term is defined in the Legislation Act, dictionary, part 1.
The signpost definition of outstanding is unnecessary because it is not used outside section 9D, where it is defined.
The signpost definition of pending is unnecessary because it is not used, in the sense in which it is defined, outside section 9D, where it is defined for that section.
The definition of relative has been omitted because it defines an expression used in the definition of relevant person only and is therefore picked up by the signpost definition of relevant person .
The definition of remand centre is unnecessary because the term is defined in the Legislation Act, dictionary, part 1.
The signpost definition of serious offence is not necessary because
it is not used outside section 9D, where it is defined.