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CRIMES ACT 1914 - SECT 15AA

Bail not to be granted in certain cases

             (1)  Despite any other law of the Commonwealth, a bail authority must not grant bail to a person (the defendant ) charged with, or convicted of, an offence covered by subsection (2) unless the bail authority is satisfied that exceptional circumstances exist to justify bail.

             (2)  This subsection covers:

                     (a)  a terrorism offence (other than an offence against section 102.8 of the Criminal Code ); and

                     (b)  an offence against a law of the Commonwealth, if:

                              (i)  a physical element of the offence is that the defendant engaged in conduct that caused the death of a person; and

                             (ii)  the fault element for that physical element is that the defendant intentionally engaged in that conduct (whether or not the defendant intended to cause the death, or knew or was reckless as to whether the conduct would result in the death); and

                     (c)  an offence against a provision of Division 80 (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if:

                              (i)  the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or

                             (ii)  conduct that is a physical element of the offence carried a substantial risk of causing the death of a person; and

                     (d)  an ancillary offence against a provision of Division 80 (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if, had the defendant engaged in conduct that is a physical element of the primary offence to which the ancillary offence relates, there would have been a substantial risk that the conduct would have caused the death of a person; and

                     (e)  an offence against subsection 92.2(1) or 92.3(1) (intentional or reckless offence of foreign interference), if:

                              (i)  the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or

                             (ii)  conduct that is a physical element of the offence carried a substantial risk of causing the death of a person.

             (3)  To avoid doubt, the express reference in paragraph (2)(d) to an ancillary offence does not imply that references in paragraphs (2)(a), (b) or (c) to an offence do not include references to ancillary offences.

          (3A)  Despite any law of the Commonwealth, the Director of Public Prosecutions or the defendant may appeal against a decision of a bail authority:

                     (a)  to grant bail to a person charged with or convicted of an offence covered by subsection (2) on the basis that the bail authority is satisfied that exceptional circumstances exist; or

                     (b)  to refuse to grant bail to a person charged with or convicted of an offence covered by subsection (2) on the basis that the bail authority is not satisfied that exceptional circumstances exist.

          (3B)  An appeal under subsection (3A):

                     (a)  may be made to a court that would ordinarily have jurisdiction to hear and determine appeals (however described) from directions, orders or judgments of the bail authority referred to in subsection (3A), whether the jurisdiction is in respect of appeals relating to bail or appeals relating to other matters; and

                     (b)  is to be made in accordance with the rules or procedures (if any) applicable under a law of the Commonwealth, a State or a Territory in relation to the exercise of such jurisdiction.

          (3C)  If:

                     (a)  a bail authority decides to grant bail to a person charged with or convicted of an offence covered by subsection (2); and

                     (b)  immediately after the decision is made, the Director of Public Prosecutions notifies the bail authority that he or she intends to appeal against the decision under subsection (3A);

the decision to grant bail is stayed with effect from the time of the notification.

          (3D)  A stay under subsection (3C) ends:

                     (a)  when a decision on the appeal is made; or

                     (b)  when the Director of Public Prosecutions notifies:

                              (i)  the bail authority; or

                             (ii)  if an appeal has already been instituted in a court--the court;

                            that he or she does not intend to proceed with the appeal; or

                     (c)  72 hours after the stay comes into effect;

whichever occurs first.

             (4)  To avoid doubt, except as provided by subsections (1), (3A), (3B), (3C) and (3D), this section does not affect the operation of a law of a State or a Territory.

Note:          These provisions indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903 .

             (5)  In this section:

"ancillary offence has the meaning given in the Criminal Code" .

"primary offence has the meaning given in the Criminal Code" .



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