South Australian Numbered Acts

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STATUTES AMENDMENT (SERIOUS AND ORGANISED CRIME) ACT 2012 (NO 12 OF 2012) - SECT 14

14—Insertion of section 23A

After section 23 insert:

23A—Bail authority to consider intervention orders

        (1)         If a police officer or a person representing the Crown in bail proceedings is made aware that the victim of the alleged offence, or a person otherwise connected with proceedings for the alleged offence, feels a need for protection from the alleged offender or any other person associated with the alleged offender—

            (a)         the police officer or other person must ensure that the perceived need for protection is brought to the attention of the bail authority; and

            (b)         the bail authority must consider—

                  (i)         if the bail authority is a court—whether to issue an intervention order in accordance with this section; or

                  (ii)         in any other case—whether to apply to the Magistrates Court for an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 .

        (2)         If an applicant for bail is a serious and organised crime suspect, the bail authority must, on its own initiative, consider—

            (a)         if the bail authority is a court—whether to issue an intervention order in accordance with this section; or

            (b)         in any other case—whether to apply to the Magistrates Court for an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 .

        (3)         A court may, when determining a bail application, exercise the powers of the Magistrates Court to issue against the applicant or any person associated with the applicant, an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 as if an application had been made under that Act against the applicant or other person.

        (4)         An order issued under this section has effect as an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 .



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