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BAIL ACT 1977 - SCHEDULE 1

Schedule 1—Schedule 1 offences

Notes to Sch. 1 inserted by No. 32/2018 s. 97(2).

Notes

1     Under section 4AA(1), a person who is accused of an offence in this Schedule will be subject to the exceptional circumstances test.

2     However, section 4AA(2) provides that, in certain circumstances, a person who is accused of an offence in Schedule 2 will also be subject to the exceptional circumstances test, and not the show compelling reason test.

    1.     Treason.

    2.     Murder.

Sch. 1 item 3 amended by No. 3/2018 s. 23(12), repealed by No. 32/2018 s. 97(3).

    *     *     *     *     *

    4.     An offence against section 77B of the Crimes Act 1958 (aggravated home invasion).

    5.     An offence against section 79A of the Crimes Act 1958 (aggravated carjacking).

    6.     An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981

        (a)     section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);

        (b)     section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);

        (c)     section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);

        (d)     section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);

        (e)     section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b), (c) or (d).

    7.     An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 (as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 )—

        (a)     section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;

        (b)     section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;

        (c)     section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).

    8.     An offence against section 302.2, 302.3, 303.4, 303.5, 304.1, 304.2, 305.3 or 305.4 of the Criminal Code of the Commonwealth in circumstances where the offence is committed in relation to a substance in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981 ) applicable to the drug of dependence as defined in that Act constituted by that substance.

    9.     An offence against section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth in circumstances where the offence is committed in relation to a substance in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981 ) applicable to the drug of dependence as defined in that Act constituted by that substance.

    10.     An offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth (as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth) in circumstances where the offence is committed in relation to narcotic goods within the meaning of that Act in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981 ) applicable to the drug of dependence as defined in that Act constituted by those narcotic goods.

    11.     An offence against section 4B(1) or 21W of the Terrorism (Community Protection) Act 2003 .

    12.     An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.

Sch. 2 (Heading) amended by No. 32/2018 s. 98(1).

Sch. 2 inserted by No. 26/2017 s. 13.



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