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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bail (Consequential Amendments) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Bail Act 2013:
(i) to make it clear that a bail authority can decide who is an acceptable person to
provide security for the grant of bail (in the same way as the bail authority can decide
who is an acceptable person to give a character acknowledgment), and
(ii) to expand the regulation-making powers conferred by the Act, and
(iii) to make other minor changes of a statute law revision nature,
(b) to make amendments to other legislation as a consequence of the enactment of that Act and
the repeal of the Bail Act 1978.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Bail Act 2013 No 26
Schedule 1 [1] and [2] make it clear that a bail authority, or an officer or court to whom a bail
acknowledgment is given, has power to decide which person or persons, or class or description of
persons, is an acceptable person to enter into a bail security agreement. A bail security agreement
b2013-016-40.d14
Bail (Consequential Amendments) Bill 2013 [NSW]
Explanatory note
is an agreement under which a person agrees to forfeit a specified amount of money if a person
granted bail fails to appear before a court in accordance with his or her bail acknowledgment. The
amendments ensure that the powers of a bail authority to decide who is an acceptable person to
provide bail security mirror the powers of a bail authority to decide who is an acceptable person
to give a character acknowledgment. This is consistent with current practice under the
Bail Act 1978.
Schedule 1 [3] corrects a reference to an offence.
Schedule 1 [4] makes it clear that it is not necessary for a prosecutor to make a detention
application to a court (an application for the refusal or revocation of bail in respect of a person) in
order to oppose a release application (an application for the grant of bail) made by the accused
person.
Schedule 1 [5] amends a provision that lists the powers of the Local Court and authorised justices
to hear bail applications, to make it clear that an authorised justice has power to hear a variation
application in relation to bail conditions imposed by a court if the bail conditions are reviewable
by a justice, as contemplated by section 52 of the Bail Act 2013.
Schedule 1 [6] permits a court to put in place a process that ensures that consideration is given to
the return of bail money if an accused person is convicted or acquitted of an offence. This replaces
a requirement that the court itself give consideration to the return of bail money when an accused
person is convicted or acquitted of an offence. Accordingly, the amendment will permit a court to
deal with the matter by referring it to a registrar or other court officer for consideration.
Schedule 1 [7] permits the regulations to make further provision for the return of bail money and
bail security.
Schedule 1 [8] permits the regulations to make provision for the forms to be used for the purposes
of the Bail Act 2013.
Schedule 2 Amendment of other Acts
Schedule 2 amends the Acts specified in that Schedule as a consequence of the enactment of the
Bail Act 2013 and the repeal of the Bail Act 1978.
The amendments continue the existing practice of permitting a bail decision to be made in respect
of certain persons who are taken into State custody and are not charged with an offence (for
example, a witness who fails to appear in proceedings before a court or a coroner, or a person who
fails to provide a name and address to an enforcement officer). In such a case, the Bail Act 2013
will apply to the person in custody as if the person were accused of an offence. The amendments
also make it clear who is permitted to make a bail decision in such cases and otherwise modify the
operation of the Bail Act 2013 to accommodate a non-offence situation (as contemplated by
clause 2 of Schedule 1 to the Act). See Schedule 2.2 [2], 2.8, 2.15 [4], [9] and [11], 2.23, 2.24,
2.27 and 2.29.
The Evidence Act 1995 states that the Evidence Act 1995 applies to proceedings relating to bail.
An amendment to that Act makes it clear that the application of that Act is subject to certain
provisions of the Bail Act 2013 that require bail decisions to be made having regard to any credible
or trustworthy evidence or information, and for decisions to be made on the balance of
probabilities. See Schedule 2.18 [1].
An amendment to the Intoxicated Persons (Sobering Up Centres Trial) Act 2013 makes it clear
that a police officer is not required to make a bail decision in respect of an intoxicated person while
the person is detained under that Act. See Schedule 2.21.
The other amendments in Schedule 2 update references to the Bail Act 1978 and to specific
provisions of, or terminology used in, that Act, to reflect the appropriate provisions and
terminology of the Bail Act 2013.
Page 2
First print
New South Wales
Bail (Consequential Amendments) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Bail Act 2013 No 26 3
Schedule 2 Amendment of other Acts 4
b2013-016-40.d14
New South Wales
Bail (Consequential Amendments) Bill 2013
No , 2013
A Bill for
An Act to make miscellaneous amendments to legislation as a consequence of the enactment of
the Bail Act 2013 and the repeal of the Bail Act 1978; to make minor amendments to the
Bail Act 2013; and for other purposes.
Bail (Consequential Amendments) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Bail (Consequential Amendments) Act 2013. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 1 Amendment of Bail Act 2013 No 26
Schedule 1 Amendment of Bail Act 2013 No 26 1
[1] Section 26 Bail conditions can require security to be provided 2
Insert "acceptable" before "persons" in section 26 (2) (a). 3
[2] Section 26 (4) 4
Omit "whether". 5
Insert instead "which person or persons, or class or description of persons, is an acceptable 6
person and what". 7
[3] Section 33 Bail acknowledgment to be given on grant of bail 8
Omit "for the offence for which bail is granted" from section 33 (4) (a). 9
Insert instead "for that offence". 10
[4] Section 50 Prosecutor may make detention application 11
Insert after section 50 (5): 12
(6) To avoid doubt, a prosecutor may oppose a release application made by an 13
accused person to a court or authorised justice without making a detention 14
application. 15
[5] Section 64 Powers specific to Local Court and authorised justices 16
Insert after section 64 (4) (after the note): 17
(5) An authorised justice may hear a variation application for an offence if a bail 18
decision has been made by a court and the variation application relates to bail 19
conditions that are reviewable by a justice (within the meaning of section 52). 20
Note. Section 52 limits the powers that can be exercised by an authorised justice when 21
hearing a variation application in relation to a bail decision made by a court. See also 22
sections 57 and 58. 23
[6] Section 88 Return of bail money and security 24
Omit "must consider whether to make an order for the return of". 25
Insert instead "must ensure that consideration is given to returning". 26
[7] Section 88 (2) 27
Insert at the end of section 88: 28
(2) The regulations may make further provision for the return of bail money and 29
bail security. 30
[8] Section 98 Regulations 31
Insert after section 98 (1): 32
(1A) In particular, the regulations may make provision for the forms to be used for 33
the purposes of this Act. 34
Page 3
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Child Protection (Offenders Registration) Act 2000 No 42 2
[1] Section 3G Child protection registration orders made after grant of bail under Mental 3
Health (Forensic Provisions) Act 1990 4
Omit section 3G (5). Insert instead: 5
(5) A decision to make an order under this section is taken to be part of a bail 6
decision for the purposes of the Bail Act 2013 and can be varied in accordance 7
with that Act. 8
[2] Section 3G (6) (c) 9
Omit the paragraph. Insert instead: 10
(c) the bail decision is varied under the Bail Act 2013 and, on that variation, 11
the order is quashed or set aside. 12
2.2 Children and Young Persons (Care and Protection) Act 1998 No 157 13
[1] Section 3 Definitions 14
Omit "Bail Act 1978" from paragraph (c) of the definition of Registrar. 15
Insert instead "Bail Act 2013". 16
[2] Sections 109U and 109V 17
Omit the sections. Insert instead: 18
109U Bail decision may be made under Bail Act 2013 19
(1) The Children's Court, a Children's Magistrate or a Registrar may make a bail 20
decision under the Bail Act 2013 in respect of a person who is brought before 21
the Court, Magistrate or Registrar after being arrested on a warrant issued 22
under this Part in relation to proceedings before the Children's Court. 23
(2) The Bail Act 2013 applies in respect of the person as if: 24
(a) the person were accused of an offence, and 25
(b) the proceedings before the Children's Court were proceedings for that 26
offence. 27
(3) For the purpose of applying the Bail Act 2013: 28
(a) the Children's Court or a Children's Magistrate has the same functions 29
as the Local Court under that Act, and 30
(b) a Registrar has the same functions as an authorised justice under that 31
Act, and 32
(c) section 74 of the Bail Act 2013 (Multiple release or detention 33
applications to same court not permitted) does not apply. 34
(4) A power to issue a warrant of commitment under this Part is subject to the 35
provisions of the Bail Act 2013, as applied by this section. 36
(5) Without limiting section 9, in taking any action or making any decision under 37
the Bail Act 2013, as applied by this section, concerning a particular child or 38
young person, the safety, welfare and well-being of the child or young person 39
must be the paramount consideration. 40
Page 4
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
109V Powers of District Court and Children's Court to hear fresh bail application 1
(1) If the Children's Court or a Children's Magistrate makes a bail decision under 2
section 109U, the District Court has power to hear a fresh bail application in 3
relation to the matter. 4
(2) If a Registrar makes a bail decision under section 109U, the Children's Court 5
has power to hear a fresh bail application in relation to the matter. 6
(3) A power to hear a bail application conferred by this section may be exercised 7
only if the bail application is made by: 8
(a) the person who is the subject of the bail decision, or 9
(b) the Director-General (who is taken to be the prosecutor for the purposes 10
of the bail application). 11
Note. Section 75 of the Bail Act 2013 provides that a fresh bail application is to be dealt 12
with as a new hearing. 13
(4) If bail is refused or revoked on an application under this section, the District 14
Court or Children's Court may: 15
(a) if the person is an adult--issue a warrant in accordance with Division 5 16
committing the person to a correctional centre or other place of security, 17
or 18
(b) if the person is a child or young person--issue a warrant in accordance 19
with Division 5 committing the person to a detention centre, 20
and order the person to be brought before the Children's Court at the date, time 21
and place specified in the warrant. 22
(5) The regulations may make provision for bail applications, and the powers of 23
the District Court and Children's Court in respect of bail applications, under 24
this Division. 25
(6) A detention application or variation application under the Bail Act 2013 cannot 26
be made in relation to a matter after a bail decision in relation to that matter is 27
made under section 109U, except as provided for by this section. 28
(7) Nothing in this section limits the rights of a person held in custody under this 29
Part to make a release application under the Bail Act 2013. 30
(8) In this section: 31
bail application has the same meaning as in the Bail Act 2013. 32
2.3 Children (Community Service Orders) Act 1987 No 56 33
Section 21A Revocation of children's community service order 34
Omit "Bail Act 1978" from section 21A (1) (b). Insert instead "Bail Act 2013". 35
2.4 Children (Criminal Proceedings) Act 1987 No 55 36
[1] Section 9 Expedition where child in custody 37
Omit "released on bail under the Bail Act 1978". 38
Insert instead "released (with or without bail under the Bail Act 2013)". 39
[2] Sections 20 (2) (a), 27 (3), 29 (1A) (b), 50 and 50A (1) (a) 40
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 41
Page 5
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
[3] Section 30 Adjournments 1
Omit "grant bail under the Bail Act 1978". 2
Insert instead "make a bail decision under the Bail Act 2013". 3
[4] Section 33 Penalties 4
Omit section 33 (1) (c2). Insert instead: 5
(c2) it may make an order adjourning proceedings against the person to a 6
specified date (not later than 12 months from the date of the finding of 7
guilt) for any of the following purposes (but only if bail for the offence 8
is or has been granted or dispensed with under the Bail Act 2013): 9
(i) for the purpose of assessing the person's capacity and prospects 10
for rehabilitation, 11
(ii) for the purpose of allowing the person to demonstrate that 12
rehabilitation has taken place, 13
(iii) for any other purpose the Children's Court considers appropriate 14
in the circumstances, 15
[5] Section 48F Summary of operation of scheme 16
Omit "the requirement for" from section 48F (1) (c). 17
[6] Section 48I Granting of bail for suitability assessments and charging procedure 18
Omit "section 36, 36A or 36B of the Bail Act 1978" from section 48I (1). 19
Insert instead "the Bail Act 2013". 20
[7] Section 48L Youth conduct orders 21
Omit section 48L (7) (c). Insert instead: 22
(c) the Children's Court is taken to have dispensed with bail for the offence 23
under the Bail Act 2013. 24
2.5 Children (Detention Centres) Act 1987 No 57 25
[1] Section 3 Definitions 26
Omit "Bail Act 1978" wherever occurring in the definition of person on remand in 27
section 3 (1). 28
Insert instead "Bail Act 2013". 29
[2] Section 28A Certain children may be remanded in correctional centres 30
Omit "Bail Act 1978" from section 28A (2) (b). Insert instead "Bail Act 2013". 31
[3] Section 42A Admission to detention centre following arrest or apprehension for 32
breach of bail 33
Omit section 42A (1). Insert instead: 34
(1) A child who is arrested or apprehended under the Bail Act 2013 for a failure, 35
or threatened failure, to comply with a bail acknowledgment or bail condition, 36
and who is to be detained before being taken before a court, must be detained 37
in a detention centre rather than in a police station. 38
Page 6
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
2.6 Community Protection Act 1994 No 77 1
Section 29 Bail Act 2013 does not apply 2
Omit "Bail Act 1978". Insert instead "Bail Act 2013". 3
2.7 Conveyancing Act 1919 No 6 4
[1] Section 186 Writs and orders under judgments or relating to legal proceedings 5
Omit section 186 (4). Insert instead: 6
(4) In this section, recognisance includes a bail security agreement within the 7
meaning of the Bail Act 2013. 8
[2] Section 189 Judgments not to be a charge on land until writ or order registered 9
Omit section 189 (3). Insert instead: 10
(3) In this section, recognisance includes a bail security agreement within the 11
meaning of the Bail Act 2013. 12
2.8 Coroners Act 2009 No 41 13
[1] Section 71 Arrest of witness under arrest warrant 14
Omit "Bail Act 1978" from section 71 (3) (a). Insert instead "Bail Act 2013". 15
[2] Section 71 (4)-(8) 16
Omit section 71 (4) and (5). Insert instead: 17
(4) A coroner or authorised justice may make a bail decision in respect of the 18
person under the Bail Act 2013. 19
(5) The Bail Act 2013 applies to the person as if: 20
(a) the person were accused of an offence, and 21
(b) the proceedings in which the person is required to be examined or 22
produce a document or thing were proceedings for that offence. 23
(6) Bail may be granted for the period between: 24
(a) the person's being brought before a coroner under a warrant for the 25
purpose of being examined as a witness or producing a document or 26
thing, and 27
(b) the person's being examined as a witness or producing the document or 28
thing. 29
(7) For the purpose of applying the Bail Act 2013, a coroner has the same 30
functions as the Local Court under that Act. 31
(8) In this section: 32
authorised justice has the same meaning as in the Bail Act 2013. 33
2.9 Crimes (Administration of Sentences) Act 1999 No 93 34
[1] Section 106X Arrest warrants 35
Omit "Bail Act 1978" from section 106X (3). Insert instead "Bail Act 2013". 36
Page 7
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
[2] Section 249 Definitions 1
Omit section 249 (2). Insert instead: 2
(2) For the removal of doubt, person in custody in subsection (1) includes a 3
person in lawful custody: 4
(a) refused bail by a police officer with power to make a bail decision under 5
the Bail Act 2013, or 6
(b) granted bail by a police officer with power to make a bail decision under 7
the Bail Act 2013 but not released, or 8
(c) arrested with or without warrant under section 77 of the Bail Act 2013 9
for a failure or threatened failure to comply with a bail acknowledgment 10
or a bail condition. 11
2.10 Crimes (Appeal and Review) Act 2001 No 120 12
[1] Section 63 Stay of execution of sentence pending determination of appeal 13
Omit section 63 (2) (c). Insert instead: 14
(c) in the case of an appellant who is in custody when the appeal is made or 15
leave to appeal is granted, when the appellant is entitled to be released 16
from custody on bail under section 14 of the Bail Act 2013 or bail is 17
dispensed with under that Act. 18
[2] Sections 107 (6) and 117 19
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 20
[3] Section 110 Bail 21
Omit the section. 22
2.11 Crimes (Domestic and Personal Violence) Act 2007 No 80 23
[1] Section 83 Application of Bail Act 2013 24
Omit "Bail Act 1978" where firstly occurring. Insert instead "Bail Act 2013". 25
[2] Section 83 (b) 26
Omit "to which section 8 of the Bail Act 1978 applies". 27
Insert instead "for which there is a right to release under Part 3 of the Bail Act 2013". 28
[3] Section 85 Presumption against stay of order 29
Omit section 85 (5). Insert instead: 30
(5) A stay on the operation of the order does not have effect if the appellant is in 31
custody when the appeal is made, unless and until the appellant is entitled to 32
be released on bail under section 14 of the Bail Act 2013 or bail is dispensed 33
with under that Act. In the application of the Bail Act 2013 to the appellant, the 34
appellant is taken to be an accused person who, because of the prohibitions and 35
restrictions imposed by the order, is in custody. 36
2.12 Crimes (High Risk Offenders) Act 2006 No 7 37
Section 28 Bail Act 2013 does not apply 38
Omit "Bail Act 1978". Insert instead "Bail Act 2013". 39
Page 8
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
2.13 Crimes (Sentencing Procedure) Act 1999 No 92 1
[1] Section 11 Deferral of sentencing for rehabilitation, participation in an intervention 2
program or other purposes 3
Omit ", and granting bail to the offender in accordance with the Bail Act 1978" from 4
section 11 (1). 5
[2] Section 11 (1A) 6
Insert after section 11 (1): 7
(1A) Proceedings must not be adjourned under this section unless bail for the 8
offence is or has been granted or dispensed with under the Bail Act 2013. 9
[3] Section 11 (2A), note 10
Omit the note. 11
[4] Section 80 Referral of offender for assessment 12
Omit "Bail Act 1978" from section 80 (2) (b). Insert instead "Bail Act 2013". 13
2.14 Criminal Appeal Act 1912 No 16 14
Sections 8A (2), 24, 25A (5) and 29 15
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 16
2.15 Criminal Procedure Act 1986 No 209 17
[1] Sections 3 (1) (definition of "bail"), 21 (5) (c), 58 (2), 109 (note), 125 (2) (f), 317 and 18
352 (1) 19
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 20
[2] Section 61 Discharge of accused person if prosecutor not present for taking of 21
evidence 22
Omit section 61 (3) and the note. Insert instead: 23
(3) Subsection (2) does not apply if the accused person is refused bail and 24
section 41 of the Bail Act 2013 (which provides for a maximum adjournment 25
period) applies. 26
[3] Section 110 27
Omit the section. Insert instead: 28
110 Bail acknowledgment to be notified 29
If an accused person committed to a correctional centre on committal for trial 30
or sentence is released on bail, the person who accepts the bail 31
acknowledgment must transmit to the registrar of the relevant court: 32
(a) the bail acknowledgment, and 33
(b) any cash or other thing deposited in compliance with a bail condition. 34
Page 9
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
[4] Section 230 1
Omit the section. Insert instead: 2
230 Application of Bail Act 2013 3
(1) A court may make a bail decision under the Bail Act 2013 in respect of a 4
person brought before the court after having been arrested under a warrant 5
referred to in section 229. 6
(2) The Bail Act 2013 applies to the person as if: 7
(a) the person were accused of an offence, and 8
(b) the proceedings in which the person is required to be examined or 9
produce a document or thing were proceedings for that offence. 10
(3) Bail may be granted for the period between: 11
(a) the person's being brought before a court under a warrant for the 12
purpose of being examined as a witness or producing a document or 13
thing, and 14
(b) the person's being examined as a witness or producing the document or 15
thing. 16
[5] Section 231 Action that may be taken if witness refuses to give evidence 17
Omit "the requirement for" from section 231 (5). 18
[6] Section 241 Power to commit person to correctional centre subject to Bail Act 2013 19
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 20
[7] Section 241, note 21
Omit "by a Magistrate". Insert instead "by a court". 22
[8] Section 247 Notices to be given to prosecutor 23
Omit "is given or sent (as referred to in section 34 of the Bail Act 1978)" from 24
section 247 (2). 25
Insert instead "of a requirement to appear is given or sent (as referred to in section 33 of the 26
Bail Act 2013)". 27
[9] Section 308 28
Omit the section. Insert instead: 29
308 Bail decision may be made in respect of witness who fails to attend trial 30
(1) An authorised officer may make a bail decision in respect of a person who is 31
bound by a bail acknowledgment under the Bail Act 2013, or is served with a 32
subpoena, to attend as a witness in any court at a trial if the person: 33
(a) fails to appear when called in open court, either at such trial, or on the 34
day appointed for such trial, and 35
(b) is arrested under a warrant issued by the court. 36
(2) The Bail Act 2013 applies to the person (not being an accused person) as if: 37
(a) the person were accused of an offence, and 38
(b) the proceedings in which the person is required to be examined or 39
produce a document or thing were proceedings for that offence. 40
Page 10
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
(3) For the purpose of applying the Bail Act 2013, an authorised officer has the 1
same functions as an authorised justice under that Act. 2
[10] Section 312 Persons arrested under bench warrants 3
Omit "(within the meaning of the Bail Act 1978)" from section 312 (1). 4
[11] Section 312 (2)-(2C) 5
Omit section 312 (2). Insert instead: 6
(2) A Magistrate, authorised officer or authorised justice may make a bail decision 7
in respect of the person under the Bail Act 2013. 8
(2A) The Bail Act 2013 applies to the person (not being an accused person) as if: 9
(a) the person were accused of an offence, and 10
(b) the proceedings before the court out of which the bench warrant was 11
issued were proceedings for that offence. 12
(2B) Bail may be granted for the period between: 13
(a) the person's being brought before the Magistrate, authorised officer or 14
authorised justice, and 15
(b) the person's appearance before the court out of which the bench warrant 16
was issued. 17
(2C) For the purpose of applying the Bail Act 2013, an authorised officer has the 18
same functions as an authorised justice under that Act. 19
[12] Section 312 (3) 20
Insert in alphabetical order: 21
authorised justice has the same meaning as in the Bail Act 2013. 22
[13] Chapter 7, Part 4, note 23
Omit paragraph (a) of the note. Insert instead: 24
(a) a court that grants bail to a person may impose a bail condition requiring the 25
person to be assessed for, or to participate in, an intervention program or other 26
program, 27
[14] Section 350 Court may adjourn proceedings to allow accused person to be assessed 28
for or to participate in intervention program 29
Omit ", and granting bail to the person in accordance with the Bail Act 1978," from 30
section 350 (1). 31
[15] Section 350 (1), note 32
Omit the note. 33
[16] Section 350 (1A) 34
Insert after section 350 (1): 35
(1A) Proceedings must not be adjourned under this section unless bail for the 36
offence is or has been granted or dispensed with under the Bail Act 2013. 37
Page 11
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
[17] Schedule 1 Indictable offences triable summarily 1
Omit item 17 of Table 1. Insert instead: 2
17 Bail Act 2013 3
An offence under section 86 of the Bail Act 2013. 4
2.16 Drug Court Act 1998 No 150 5
[1] Section 14 Arrest warrants 6
Omit "Bail Act 1978" from section 14 (3). Insert instead "Bail Act 2013". 7
[2] Section 24 Jurisdiction of Drug Court 8
Omit "the Bail Act 1978" from section 24 (2) (b). 9
Insert instead "by the Local Court under the Bail Act 2013". 10
2.17 Drug Misuse and Trafficking Act 1985 No 226 11
Section 36N Exemption from criminal liability for users of licensed injecting centre 12
Omit "Bail Act 1978" from section 36N (3) (b). Insert instead "Bail Act 2013". 13
2.18 Evidence Act 1995 No 25 14
[1] Section 4 Courts and proceedings to which Act applies 15
Insert ", subject to Division 4 of Part 3 of the Bail Act 2013" after "bail" in section 4 (1) (a). 16
[2] Section 194 Witnesses failing to attend proceedings 17
Omit section 194 (4). Insert instead: 18
(4) In this section, recognisance includes a bail acknowledgment within the 19
meaning of the Bail Act 2013. 20
2.19 Fines Act 1996 No 99 21
[1] Section 111 22
Omit the section. Insert instead: 23
111 Definitions 24
In this Part: 25
appeal means: 26
(a) an application to the Local Court to have a forfeiture order set aside duly 27
made under Part 3 of Schedule 2 to the Bail Act 2013, or 28
(b) an appeal to the District Court against the Local Court's determination 29
of an objection to a forfeiture order or of an application to set aside a 30
forfeiture order duly made under Part 4 of Schedule 2 to the Bail Act 31
2013. 32
forfeited bail money means unpaid bail money the subject of a forfeiture order 33
under Schedule 2 to the Bail Act 2013. 34
forfeited bail security means bail security given in relation to bail money the 35
subject of a forfeiture order under Schedule 2 to the Bail Act 2013. 36
Page 12
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
[2] Section 112 Enforcement of forfeited bail money 1
Omit "an application or appeal duly made under section 53K or 53N of the Bail Act 1978" 2
from section 112 (2) (b1). 3
Insert instead "an appeal". 4
[3] Section 112A Enforcement of forfeited bail security 5
Omit "an application or appeal duly made under section 53K or 53N of the Bail Act 1978" 6
from section 112A (2) (a). 7
Insert instead "an appeal". 8
2.20 Government Information (Public Access) Act 2009 No 52 9
Schedule 1 Information for which there is conclusive presumption of overriding 10
public interest against disclosure 11
Omit the matter relating to the Bail Act 1978 from clause 1 (1). Insert instead: 12
Bail Act 2013--section 89 (Restrictions on publication of association 13
conditions) 14
2.21 Intoxicated Persons (Sobering Up Centres Trial) Act 2013 No 15 15
Section 27 Relationship with other laws 16
Insert at the end of the section: 17
(2) The Bail Act 2013 does not require a police officer who detains an intoxicated 18
person under this Act for behaviour that constitutes an offence to make a bail 19
decision in respect of the offence while the person is so detained. 20
2.22 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 21
[1] Part 8, note 22
Omit "section 50 of the Bail Act 1978, to arrest a person who breaches bail undertakings or 23
agreements". 24
Insert instead "the Bail Act 2013, to arrest a person who fails to comply with a bail 25
acknowledgment or a bail condition". 26
[2] Sections 104 (4) (b), 113 (2) (e) and 114 (5) 27
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 28
[3] Section 104 (6) 29
Omit "undertaking" wherever occurring. Insert instead "acknowledgment". 30
[4] Schedule 1 Acts not affected by this Act 31
Omit "Bail Act 1978 No 161". Insert instead "Bail Act 2013 No 26". 32
Page 13
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
2.23 Local Court Act 2007 No 93 1
[1] Section 65 Arrest of respondent during proceedings 2
Insert after section 65 (1): 3
(1A) A Magistrate, registrar or authorised officer before whom the respondent is 4
brought after having been arrested under the warrant may make a bail decision 5
in respect of the respondent under the Bail Act 2013. 6
(1B) The Bail Act 2013 applies to the respondent as if: 7
(a) the respondent were accused of an offence, and 8
(b) the proceedings at which the respondent is required to appear were 9
proceedings for that offence. 10
(1C) Bail may be granted for the period between: 11
(a) the respondent's being brought before the Magistrate, registrar or 12
authorised officer, and 13
(b) the respondent's appearance before the Court in the proceedings at 14
which he or she is required to appear. 15
[2] Section 65 (4) 16
Insert after section 65 (3): 17
(4) For the purpose of applying the Bail Act 2013, an authorised officer has the 18
same functions as an authorised justice under that Act. 19
2.24 Local Government Act 1993 No 30 20
[1] Section 680 Demanding name of offender 21
Omit "within the meaning of the Criminal Procedure Act 1986" from section 680 (3). 22
[2] Section 680 (4) and (4A) 23
Omit section 680 (4). Insert instead: 24
(4) A Magistrate or authorised officer before whom a person is taken under 25
subsection (3) may make a bail decision under the Bail Act 2013 in respect of 26
the person. 27
(4A) If the person has not been charged with an offence, the Bail Act 2013 applies 28
to the person as if the person were accused of an offence. 29
[3] Section 680 (6) and (7) 30
Insert after section 680 (5): 31
(6) For the purpose of applying the Bail Act 2013, an authorised officer has the 32
same functions as an authorised justice under that Act. 33
(7) In this section: 34
authorised officer means an authorised officer under the Criminal Procedure 35
Act 1986. 36
2.25 Mental Health (Forensic Provisions) Act 1990 No 10 37
Sections 10 (3) (b), 14 (b) (ii), 17 (2), 31 (1), 32 (2) (b) and 33 (1) and (1D) and 38
Schedule 1, clause 20 39
Omit "Bail Act 1978" wherever occurring. Insert instead "Bail Act 2013". 40
Page 14
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
2.26 NSW Trustee and Guardian Act 2009 No 49 1
Section 68 Security may be required in respect of estate management 2
Omit "Part 7A of the Bail Act 1978" from section 68 (5). 3
Insert instead "Schedule 2 to the Bail Act 2013". 4
2.27 Protection of the Environment Operations Act 1997 No 156 5
[1] Section 204 Power of authorised officers to demand name and address 6
Omit "authorised officer within the meaning of the Criminal Procedure Act 1986" from 7
section 204 (3). 8
Insert instead "court officer". 9
[2] Section 204 (4)-(4B) 10
Omit section 204 (4). Insert instead: 11
(4) Bail 12
A Magistrate or court officer before whom a person is taken under 13
subsection (3) may make a bail decision under the Bail Act 2013 in respect of 14
the person. 15
(4A) If the person has not been charged with an offence, the Bail Act 2013 applies 16
as if the person were accused of an offence. 17
(4B) For the purpose of applying the Bail Act 2013, a court officer has the same 18
functions as an authorised justice under that Act. 19
[3] Section 204 (6) 20
Insert after section 204 (5): 21
(6) In this section: 22
court officer means an authorised officer under the Criminal Procedure Act 23
1986. 24
2.28 Supreme Court Act 1970 No 52 25
Section 69C Stay of execution of conviction, order or sentence pending review 26
Omit "enters into a bail undertaking in accordance with the Bail Act 1978" from 27
section 69C (3). 28
Insert instead "is entitled to be released on bail under the Bail Act 2013". 29
2.29 Water Management Act 2000 No 92 30
[1] Section 338D Power of authorised officers to demand name and address 31
Omit "authorised officer within the meaning of the Criminal Procedure Act 1986" from 32
section 338D (3). 33
Insert instead "court officer". 34
Page 15
Bail (Consequential Amendments) Bill 2013 [NSW]
Schedule 2 Amendment of other Acts
[2] Section 338D (4)-(7) 1
Omit section 338D (4). Insert instead: 2
(4) A Magistrate or court officer before whom a person is taken under 3
subsection (3) may make a bail decision under the Bail Act 2013 in respect of 4
the person. 5
(5) If the person has not been charged with an offence, the Bail Act 2013 applies 6
as if the person were accused of an offence. 7
(6) For the purpose of applying the Bail Act 2013, a court officer has the same 8
functions as an authorised justice under that Act. 9
(7) In this section: 10
court officer means an authorised officer under the Criminal Procedure Act 11
1986. 12
Page 16
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