South Australian Numbered Acts

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STATUTES AMENDMENT (SERIOUS FIREARM OFFENCES) ACT 2012 (NO 33 OF 2012) - SECT 6

6—Amendment of section 11—Conditions of bail

Section 11(1)—delete subsection (1) and substitute:

        (1)         Subject to this Act, every grant of bail is subject to the following conditions:

            (a)         a condition prohibiting the applicant from possessing a firearm, ammunition or any part of a firearm;

            (b)         a condition requiring the applicant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.

        (1a)         A bail authority may only vary or revoke the conditions imposed by subsection (1) if the bail authority is satisfied that—

            (a)         there are cogent reasons to do so; and

            (b)         the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.

        (1b)         A bail authority that is a court can only be satisfied of the matters referred to in subsection (1a) by evidence given on oath.

        (1c)         If a bail authority varies or revokes a condition imposed by subsection (1), the bail authority must make a written record of the reasons for its decision.

        (1d)         Subject to this section, a bail authority may impose 1 or more of the conditions referred to in subsection (2).



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