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This is a Bill, not an Act. For current law, see the Acts databases.
Bail Amendment (Enforcement
Conditions) Bill 2012
No , 2012
A Bill for
An Act to amend the Bail Act 1978 to make further provision in relation to the bail
conditions that may be imposed on an accused person.
Clause 1 Bail Amendment (Enforcement Conditions) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Bail Amendment (Enforcement Conditions) Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Bail Amendment (Enforcement Conditions) Bill 2012
Amendment of Bail Act 1978 No 161 Schedule 1
Schedule 1 Amendment of Bail Act 1978 No 161 1
[1] Section 4 Definitions 2
Omit "or 36B" from the definition of bail condition in section 4 (1). 3
Insert instead ", 36B or 37AA". 4
[2] Section 4 (3) (a) 5
Omit "or section 36B (1) (a) or (b)". 6
Insert instead ", section 36B (1) (a) or (b) or section 37AA (1)". 7
[3] Section 32 Criteria to be considered in bail applications 8
Insert after section 32 (7): 9
(8) This section does not prevent consideration of the matters 10
required to be considered in imposing an enforcement condition 11
under section 37AA. 12
[4] Section 37 Restrictions on imposing bail conditions 13
Insert after section 37 (2): 14
(2AA) An enforcement condition (within the meaning of section 37AA) 15
may be imposed for the purpose of monitoring or enforcing 16
compliance with a condition imposed for a purpose referred to in 17
subsection (1). Subsection (2) does not apply in respect of an 18
enforcement condition. 19
Note. However, see section 37AA, which requires, among other things, 20
the condition to be reasonable and not unduly onerous. 21
[5] Section 37AA 22
Insert after section 37: 23
37AA Enforcement conditions 24
(1) On the grant of bail to an accused person, a court may impose a 25
condition (an enforcement condition) that requires the accused 26
person to comply, while at liberty on bail, with one or more 27
specified kinds of directions that are given by police officers for 28
the purpose of monitoring or enforcing compliance with an 29
underlying bail condition. 30
(2) An underlying bail condition is a bail condition imposed for a 31
purpose referred to in section 37 (1). 32
Page 3
Bail Amendment (Enforcement Conditions) Bill 2012
Schedule 1 Amendment of Bail Act 1978 No 161
(3) An enforcement condition is to specify: 1
(a) the kind of directions that may be given to the accused 2
person while at liberty on bail, and 3
(b) the circumstances in which each kind of direction may be 4
given (in a manner that ensures the compliance with the 5
condition is not unduly onerous), and 6
(c) the underlying bail condition or conditions in connection 7
with which each kind of direction may be given. 8
Note. For example, an enforcement condition imposed in connection 9
with an underlying bail condition that requires an accused person to 10
refrain from consuming drugs or alcohol may require the accused person 11
to undergo testing for drugs or alcohol as directed by a police officer and 12
may include specifications as to when such directions may be given. 13
(4) An enforcement condition may be imposed only if the court 14
considers it reasonable and necessary in the circumstances, 15
having regard to the following: 16
(a) the history of the accused person (including the criminal 17
history and particularly if the accused person has a 18
criminal history involving serious offences or a large 19
number of offences), 20
(b) the likelihood or risk of the accused person committing 21
further offences while at liberty on bail, 22
(c) the extent to which compliance with a direction of a kind 23
specified in the condition may unreasonably affect persons 24
other than the accused person. 25
(5) A court may impose an enforcement condition only at the request 26
of the prosecutor in the proceedings. 27
(6) If an accused person granted bail enters into an agreement that 28
contains an enforcement condition, a police officer may give a 29
direction of a kind specified in the enforcement condition: 30
(a) in the circumstances specified in the enforcement 31
condition, or 32
(b) at any other time the police officer has a reasonable 33
suspicion that the accused person has contravened the 34
underlying bail condition in connection with which the 35
enforcement condition is imposed. 36
(7) The regulations may apply, with modifications, any of the 37
provisions of the Road Transport (Safety and Traffic 38
Management) Act 1999 relating to drug or alcohol testing to or in 39
respect of directions specified in enforcement conditions that 40
require an accused person to undergo drug or alcohol testing. 41
Page 4
Bail Amendment (Enforcement Conditions) Bill 2012
Amendment of Bail Act 1978 No 161 Schedule 1
(8) For the purposes of this Act, an enforcement condition is a 1
condition of a kind referred to in section 36 (2) (a) and the method 2
for imposing the condition is the same as for other conditions 3
under section 36 (2) (a). That is, the accused person is to enter 4
into an agreement to observe the condition. 5
(9) In this section, a reference to a court does not include a reference 6
to an authorised justice exercising the functions of a court. 7
[6] Section 39 Entry into agreement and acceptance of acknowledgment or 8
security 9
Omit "under section 36, 36A or 36B". 10
Page 5
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